Your current state is Ohio
He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More
answered on Apr 20, 2024
Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More
He has his US Visa appointment in June in Bogota. Will the child support case impact his ability to obtain a US Visa if he has an open child support case and is seeking to abandon his child who will be a US citizen?
answered on Apr 19, 2024
An ongoing child support case can potentially impact visa applications, particularly if there are legal obligations or outstanding issues that have not been addressed. The U.S. Department of State considers various factors under U.S. immigration law when approving visa applications, and adherence... View More
My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?
answered on Apr 18, 2024
Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:
1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support... View More
until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.
answered on Apr 18, 2024
Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More
During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:
1) Retroactively from the time the income changed,... View More
answered on Apr 18, 2024
Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:
1. Retroactively from the time the income changed: Generally,... View More
Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?
answered on Apr 17, 2024
Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:
1. The length of the marriage
2.... View More
I have a text from him saying he doesn't care about my support.
answered on Apr 17, 2024
Hi there.
Individual provisions of a court order stand alone. Just because he is not paying child support does not mean that you are somehow released from following another part of the court order. The more appropriate response to him not paying child support is to take him back to court... View More
Children’s father has paid WELL below his share their entire lives since 2008, as well as illegally claiming them as dependents for tax purposes as well as stimulus money. He does not take care of any of the children’s needs outside of this obligation either. Even going so far as to take money... View More
answered on Apr 16, 2024
Based on the information you've provided, it seems that you may have a strong case for pursuing back child support from the father of your children. Here are a few key points to consider:
1. Child support obligations: Parents have a legal obligation to financially support their... View More
Child support case would I qualify for the accumulated funds?
answered on Apr 16, 2024
I'm sorry for your loss. Regarding your question about potentially qualifying for accumulated child support funds after your mother's passing, the answer would depend on the specific details of the situation and how California law applies. Here are a few general points to consider:... View More
I wasn’t married to my daughters’ mother, so should I complete the Assets section of the Financial Affidavit of the Father? Also, any item that I would list is my property, so what should I declare is the basis of the claim? Thanks!
answered on Apr 16, 2024
If you're filing an action to legitimize it would be best to hire an attorney to represent you. The matter is much more complex than even filling out the financial affidavit. In response to your question, I'm not sure what not being married to the mother has to do with the assets... View More
My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.
answered on Apr 16, 2024
I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.
A few thoughts on your legal options to try to stop the... View More
The law office asked me to sign a Power of Attorney is this normal? I want to be informed for key decisions before my lawyer makes the decision and not hand over all of my power what addendum should I add to the POA if the form is required to represent me in court since I will not be able to attend... View More
answered on Apr 15, 2024
It is common for lawyers to request a Power of Attorney (POA) when representing a client, especially in international cases where the client cannot be physically present. However, it is important to ensure that you are comfortable with the level of authority being granted to your lawyer.
To... View More
The law office asked me to sign a Power of Attorney is this normal? I want to be informed for key decisions before my lawyer makes the decision and not hand over all of my power what addendum should I add to the POA if the form is required to represent me in court since I will not be able to attend... View More
answered on Apr 16, 2024
First of all, it is necessary to clarify which country we are talking about.
For example, in the Russian Federation there are two types of lawyers who can represent the interests of the parties in court: these are lawyers with higher legal education and lawyers included in the register of... View More
answered on Apr 15, 2024
In general, if you have a court-ordered visitation schedule, your ex-partner is obligated to follow that order, even if you live in Puerto Rico and your son lives in New York. However, there are a few important considerations:
1. Jurisdiction: Ensure that the court order is valid and... View More
Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.
Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??
answered on Apr 15, 2024
I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.
Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as... View More
hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign
answered on Apr 12, 2024
It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.
In many cases involving child custody, agreements reached between the parties are... View More
Looking for a lawyer and I just found out about Family Code section 2030. I’ve been going through divorce for almost 4 years, still dealing with child support issues and now recently spousal support arrears. Not much assets but would like to get it done.
answered on Apr 12, 2024
I'm sorry to hear about your challenging divorce process and the ongoing issues with child support and spousal support arrears. Divorce can be a complex and emotionally taxing experience, especially when it spans several years.
Regarding Family Code section 2030 in California, this law... View More
I'm currently paying child support as a non-custodial parent however, the mother of my children's grandmother also receives $500 a month for "child care". I'm also currently having to go to the custodial parent's home in order to spend time with our children because... View More
answered on Apr 11, 2024
You are only responsible for child care if you have a contractual arrangement with the child care provider to pay that provider or a court order that orders you to pay child care in addition to child support. Unless the court order specifies that you are only allowed to spend time with your... View More
I don't want to get stuck with paying child support. I want to take care of my kids.
answered on Apr 10, 2024
In California, when unmarried parents separate and want to establish a 50/50 custody arrangement, there are several steps you can take to protect your rights and ensure the best interests of your children:
1. Establish paternity: If you haven't already done so, legally establish... View More
I don't want to get stuck with paying child support. I want to take care of my kids.
answered on Apr 10, 2024
The are numerous factors that will determine what is in the children’s best interest and the child support obligations. Coming to an agreement with the other parent will more likely produce the situation you describe, but I don't know your specific circumstances. Obviously, an attorney would... View More
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