Lawyers, Answer Questions  & Get Points Log In
Child Support Questions & Answers
1 Answer | Asked in Child Support for Oklahoma on
Q: Oklahoma DHS closed my child support case due to the fact of my inability to pay. Can my case be reopened in the future?

My case was closed with arrears still in place. My 2 kids are now adults, 21 and 20. Just was wondering if the case can be reopened because of the arrears that was in place when case was closed.

Anna L Self
Anna L Self answered on Sep 22, 2021

Yes, DHS can reopen your case to collect interest and arrears.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can I pursue charges of bigamy? I believe my ex has been stalling our divorce to avoid child support of our 2 kids.

After fighting for jurisdiction of our divorce, and the courts closing down last year for coronavirus, my ex has has been uncooperative with my attorney in order to get our divorce before a judge and finalized. We’re currently headed to mediation. However, I just found out that he “remarried... Read more »

Omar Darwich
Omar Darwich answered on Sep 21, 2021

You should contact an attorney but generally speaking bigamy is actually a criminal offense under Texas law, although a defendant can escape conviction if they reasonably believed they were not already married when they entered their second marriage.

1 Answer | Asked in Child Support for Nebraska on
Q: We had a temp hearing. The judge ordered child supt. When do I start paying? Order hasn’t be signed or filed in court.

We got 50/50 and the temp order states child support and alimony for me to start paying and for both of us to take care of our own mortgages and bills. She has not made the mortgage payment and I haven’t pay for child support and alimony yet since I don’t have any court paperwork. Her lawyer is... Read more »

Julie Fowler
Julie Fowler answered on Sep 21, 2021

The Order will include the start date that the judge ordered the payments to start. Most temporary orders are entered by the Court within a relatively short period of time after the hearing occurs, from a few days to a month or so on average. If the other party was required to prepare the order... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: Married over 30 years. Youngest 2 of 6 children are Freshmen & Sr. in college. Hubby wants divorce but does not

want to pay spousal or child support for the 2 college kids. Now in my mid 50's, I have no income and we cannot afford divorce, as per multiple attorneys from previous consultations. About $100,000 equity in the house, $30,000 in 401K and he has $40,000 in separate personal account from... Read more »

Richard Diamond
Richard Diamond answered on Sep 20, 2021

I dont know if any of the lawyers you met with for consultation purposes were specialists, but presumably during your consultation[s], you discussed your employment history, your husbands current employment setting and your employment potential to determine what your husbands support obligation... Read more »

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Are all children considered when an amount for child support is decided or just the child in the case?

I have 6 children. I'm on child support for only one of them due to the mother lying to me about closing the case before the court date. I provide for all children and with this one child support case it's taking away from me providing for my other children as I used to. Does the fact... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 20, 2021

The court can only consider other children if they live with you or if you have a court order on child support for the other children that you are currently paying.

View More Answers

1 Answer | Asked in Family Law and Child Support for Florida on
Q: What do I do next if my ex motions to set aside default before the final judgement?

What is my next step if my ex fills out the Motion To Set Aside Default form? She is in default from my supplemental petition for modification for timeshare and child support. (I assume she would need to get a lawyer at that point and I will no longer be able to self litigate effectively. The judge... Read more »

Linda Liang
Linda Liang answered on Sep 20, 2021

This is between your ex and the court. If he or she can present a good cause, the court could grant the default and the case moves on. There is not much you can do.

1 Answer | Asked in Child Support for Michigan on
Q: My child has state insurance and his mom said the court is making her file for child support though she does not want it

If she tells the judge not to take child support from me because she does not want it or need it will they listen or will they still press for child support?

Brent T. Geers
Brent T. Geers answered on Sep 20, 2021

When a child receives state assistance, the state will seek and enforce a child support order. What the mother wants or says to the judge is of no affect.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I'm Pro Se in a Child Support Modification Petition. Am I supposed to name my mother as a "non-lawyer"?

At my request, my mother is helping me to fill out the legal forms and file them online. Do I have to name her as a "non-lawyer" on the legal forms?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2021

Does the form ask for that? If not, no.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Louisiana on
Q: Filing for child support against child’s father. Never married.

Never married. Child’s father lives in different state. Does not help financially so I’m filing for child support. If I file will he have visitation rights in his state? He’s the non custodial parent , will I have to file for full custody of our child even considering he barely sees the child... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 18, 2021

You need to file for both child support and custody.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: Can I change the name the child support case is in from my mother to me as I'm now over 18 and not living with her?

My mother has been getting child support for me for years. My father still has quite a bit of back pay remaining. I no longer live with my mother, am over 18. She still has the card that the child support money is deposited on and is using it for her own needs. Even when I was living with her she... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 17, 2021

I cannot tell you that it is impossible to do what you are asking; however, I can tell you that I have not seen it happen in the 20+ years that I have been practicing. MDHS is going to assume that your mother used her funds to support you during your minority; therefore, the arrearage amount is... Read more »

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: If NCP relocates to another state and the child support/parenting plan is from GA. Can the NCP have the parenting and CS

modified to his new local state? Will the GA CS order follow him to different states if he no longer resides in GA?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 16, 2021

If the CP still lives in Georgia, the Georgia order remains in tact. The GA CS order can be enforced in the new state. the orders cannot be modified anywhere other than Georgia as long as the CP still lives in Georgia.

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: Can I file for PO in the pending child support for enforcement by contempt case? Do I need to serve personally.?

Can I file for PO in the pending child support for enforcement by contempt case?

Do I need to serve personally.?

Bcoz my ex is evading services. When filed as seperate case, judge dismissed for not able to serve him

Omar Darwich
Omar Darwich answered on Sep 15, 2021

Need a bit more information, but regardless your best option here to get an answer is to consult with an attorney not on this forum.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: What is my best course of action?

My ex has not seen my kids, going on 3 years. He also has not paid a penny in support. He owes about $45,000. He owns a business and does not give himself a paycheck. I supplied the court with his bank information, all addresses, and a list of assets and places he rents to store things. Why... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 15, 2021

Your best course of action is to file a violation petition with the family court. The court can then put him in jail if they find he willfully failed to pay the support order and award you attorney fees for having had to bring the action. In regard to sole custody, it sounds as if you have sole... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Michigan on
Q: The question is long so its in more info plz help

If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.

View More Answers

1 Answer | Asked in Child Support for Kentucky on
Q: My boyfriend has a felony case for child support arrears. Is there anything he can do to get the case dismissed?

The daughter is 18 and married. The mom has never been on any government assistance. It’s for back child support. He was told until it’s completely paid he can keep going to jail if it’s not paid. That there was no time limit to serve for it to be dismissed.

Timothy Denison
Timothy Denison answered on Sep 14, 2021

If he pays the arrears, they will likely dismiss the case.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Kentucky on
Q: My husband and I have been apart for 11 months. I let him visit kids for 3 days at their grandmothers home in KENTUCKY

Kids & I lived since separating September 2020 in Arkansas

.

Timothy Denison
Timothy Denison answered on Sep 14, 2021

What is your question?

1 Answer | Asked in Child Support for Kentucky on
Q: Motion to dismiss child support order

I recently file a motion to dismiss child support case. During the motion, the state and my ex-wife didn't show up. The judge then told me that, she will schedule hearing before approving my request to dismiss order. she moved it down to 5 months.; like late January. This is confusing. I want... Read more »

Timothy Denison
Timothy Denison answered on Sep 14, 2021

Sorry, but judges have exclusive control over scheduling snd their calendars.

1 Answer | Asked in Family Law and Child Support for California on
Q: Hello my name is Robert. I received a letter from the dmv saying my license will be suspended effective jan 23 2022.

I was laid off last year and just a month ago I just got another job and I'm behind on payments child support how can I get help for them not suspend my license because I need it for transportation to work. My other question is my ex open child support on 2009 in on 2012 my oldest daughter... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 14, 2021

CSSD has a payback program so you can make payments on the arrears. You can also schedule a hearing for yourself on the issue of relief from getting your license suspended. I also recommend you seek a modification and for forgiveness of the debt incurred during the period your 12-year-old was... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.