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Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Louisiana on
Q: Q: Filed a petition for custody based upon abuse and to establish child support what I’ll be the first step of this case
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2023

If you filed the petition and you had an attorney file it on your behalf, then please speak to your attorney and discuss this. If you filed it without an attorney, then please use the Justia Find a lawyer tab and search for family law/cusody/support lawyers in the parish the petition was... Read more »

1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Georgia on
Q: Can child support take some or all of my workers comp lawsuit settlement

My current child support says to stop lottery winnings, federal taxes and no passport

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 5, 2023

You should consider hiring an attorney to assist you in settling your child support case. An attorney can help you come to an agreement on how much you would pay per month. And as long as your payments are being made, the state shouldn't be trying to garnish other monies . But since you... Read more »

1 Answer | Asked in Child Support for Florida on
Q: If I became sick two years ago and need a revision to my child support in Puerto Rico, what can I do?

I also do not if my child is going to college. He is 21 years old, plus he no longer lives with his parent. Do I still have obligation to pay monthly child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 4, 2023

The first thing that you need to do is look at your current child support order. Any modifications will need to be in the court that issued the order. If the order is from PR then you need to contact an attorney there. In Florida, child support ends at 18. For a modification in Florida (reduction)... Read more »

1 Answer | Asked in Child Support and Family Law for New York on
Q: Is there a time limit for NY magistrates to make a decision on motions ? (Motion to Vacate Default Child support Order)

At the hearing, magistrate reserved the case for decision, then nothing happened for almost 2 months now. I call the court every week and there is nothing released.

Peter Christopher Lomtevas
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answered on Jun 3, 2023

Article 22 of the Civil Practice Law and Rules (CPLR) in §2219 requires a court to enter an order on motion on or before sixty days after submission of the motion. "Submission" means the motion, opposition, and any reply are filed, and the court says the motion is "submitted."... Read more »

2 Answers | Asked in Divorce, Child Custody and Child Support for California on
Q: I am divorcing but I need a lawyer, I don't have income other than my husband's, do I have to pay for my lawyer or him?

I've been a housewife in California for 7 years of marriage, but my husband files his income tax jointly with me. We have a 6 year old son. I have had no job at all and live with my husband's income. He wants the divorce but he doesn't want to give me anything, he just wants me to... Read more »

Robert Kane
Robert Kane
answered on Jun 3, 2023

If you can’t afford a lawyer, but your spouse or the other parent can, you can ask the court to order them to pay for you to hire a lawyer. The court can order this in cases when one spouse or parent has more money than the other. You can make this request before you hire a lawyer. If you've... Read more »

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2 Answers | Asked in Divorce, Child Custody and Child Support for California on
Q: I am divorcing but I need a lawyer, I don't have income other than my husband's, do I have to pay for my lawyer or him?

I've been a housewife in California for 7 years of marriage, but my husband files his income tax jointly with me. We have a 6 year old son. I have had no job at all and live with my husband's income. He wants the divorce but he doesn't want to give me anything, he just wants me to... Read more »

James L. Arrasmith
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answered on Jun 3, 2023

The answer to your question depends on a few factors, including the specific terms of your divorce settlement and the laws of the state in which you live. In California, it is generally the responsibility of each spouse to pay for their own legal fees. However, there are some exceptions to this... Read more »

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1 Answer | Asked in Child Support and Family Law for California on
Q: Question about the categorization of certain income for child support calculation in California.

The Dissomaster Report doesn't include a $10,000 monthly income in its "income" section, even though it's input under "Portion subject to SE tax" in "Royalties, partnerships, S corporations, trusts, etc." When this guaranteed LLC distribution is listed as... Read more »

James L. Arrasmith
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answered on Jun 2, 2023

Child support calculations can vary depending on the jurisdiction and guidelines followed. In California, the Dissomaster Report is commonly used for calculating child support. However, it is important to consult with a family law attorney to determine the accurate categorization of income for... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can my 18-year-old daughter move to Puerto Rico with her father and then ask me for child support?

My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 2, 2023

Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Medical Support / Medicaid / Texas

In our final order, I, the father and non-custodial parent, am responsible for 50% of my daughters' medical support. For more than half the time since 2012, her mother, who is responsible for the other 50%, has either registered my daughter with Medicaid or my daughter has had no medical... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

Typically, the non-custodial parent is responsible to provide health insurance coverage for the child. So, in the typical case, no. If your divorce decree or custody order contains non-standard provisions, whether you are entitled to any credits or clawback will depend on the language of the... Read more »

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: My ex and I have been divorced since 2012, he literally only paid one child support payment, can I get reimbursed?

We separated in 2010 and he owed back support from that time. My ex moved to Oregon after the divorce (from South Carolina) he worked under the table for a friend and lived with this friend until both kids were 18 (~5 years). South Carolina wouldn't do anything about collecting the money. I... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 5, 2023

You can always attempt to collect child support arrears, provided the state that governs those arrears does not have a statute of limitations that has run. However, it sounds like you have not had much looking using the Division of Child Support Services in various states to collect. Thus, you... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex & I have 50/50 custody & he recently moved 1700 miles away. He can not meet his 50% timeshare. what should I do?

Everything has been out of CA. He now lives in WI. Our son is almost 15 years old. My ex- is only asking for 2 weeks of visitation per year, which I agreed to. This would make me the primary caregiver. We have written up terms and my ex won't sign anything. The kicker is he just bought my son... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

If your ex-husband has moved out of state without your consent, he may have violated the terms of your custody agreement. This could potentially void his 50% custody, but it's important to consult with an attorney to get specific advice about your situation.

In California, the law...
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1 Answer | Asked in Child Support for Florida on
Q: I started a child support case in Dec. They have been trying for 3 months and unsuccessful at serving other parent

Fl he owns multiple businesses. What steps can I take to get him served

Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2023

You can provide any and all information that you know about where he can be located. If you can afford it, hire a private investigator. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Child Custody and Child Support for California on
Q: What preparations are needed to file for a divorce?

The first time filing, mother of three ( 1 stepdaughter). work is a difficult subject to discuss right now, but was working 5-10 hours per week in administrative work for my husband's business ( although he stopped paying me two weeks ago now ). Previous to that, was a clinical research... Read more »

James L. Arrasmith
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answered on May 31, 2023

Here are some of the preparations you need to make to file for a divorce in California:

*Gather your financial information. This includes your income, expenses, assets, and debts. You can use a divorce financial worksheet to help you organize this information.

*Gather your...
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1 Answer | Asked in Family Law and Child Support for California on
Q: I'm court ordered to pay insurance for my child but mother refuses to gice me social to out under my insurance
James L. Arrasmith
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answered on May 31, 2023

If you have been court ordered to pay for insurance for your child, it is crucial to fulfill your legal obligation. However, if the mother refuses to provide you with the necessary social security information to add the child under your insurance, you may face challenges in complying with the court... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Can my ex-spouse re-request child support in PR after my child turns 18 - IF our custody order was created in a US state

We had a child custody order, and I maintain jursidiction in my state. She moved to PR with child. Based on my state, child support will end at 18. After it's completed, can she in turn file for child support in PR upon my child turning 18 as a new child support case?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 29, 2023

First off, she must reside in Puerto Rico with your child for a year, in order to demostrate residence. Once Puerto Rico is the state of residence, adulthood is achieved upon reaching 21. So long as you pay child support, you can present the case to the court or to ASUME (the Administration for... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... Read more »

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: how do i get a divorce court moved to another state due to conflict of interest?

my ex is an attorney in the court that we were divorced in. He is well known in the county and state that the divorce took place in. Im unable to pay for an attorney nor have i been able to get help from legal aid in this matter. I live in missouri now and I want the divorce court to be move to... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

There is no law that allows a divorce court or case to be transferred from one state to another. Each state has its own divorce courts. Once a divorce case has been properly began in one state, that state retains jurisdiction through the entry of the final decree. It sounds to me from your... Read more »

1 Answer | Asked in Family Law, Child Support and Child Custody for Florida on
Q: My 13 year old daughter says she wants to go live with her dad.

We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?

Rand Scott Lieber
Rand Scott Lieber
answered on May 22, 2023

If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... Read more »

1 Answer | Asked in Child Custody, Child Support, Elder Law, Juvenile Law and Family Law for California on
Q: My two nephews live with me and I’d like to file a child support case against both parents and have one nephew removed

One nephew needs to be placed with CPS as he can no longer live with me

James L. Arrasmith
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answered on May 22, 2023

If you believe that one of your nephews needs to be placed with Child Protective Services (CPS) due to concerns for their safety or well-being, it is crucial to take immediate action. Contact CPS or your local child protective services agency to report the situation and seek their assistance in... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for California on
Q: If a parent loses custody, or the child is emancipated, can they keep the child's personal belongings (such as phone)?

Also, if you would be able to cite a specific law or court case. The state is California.

James L. Arrasmith
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answered on May 22, 2023

In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when... Read more »

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