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Child Support Questions & Answers
1 Answer | Asked in Child Support for Kentucky on
Q: If a custodial parent waives back child support arrears can they later add them back to what the other parent owes
Timothy Denison
Timothy Denison
answered on Jun 29, 2022

The custodial parent theoretically has no right to waive support owed to the minor and the prevailing thought is no. However, if that agreement to waive is reached snd not challenged, it might stand up for other reasons.

1 Answer | Asked in Child Support for Mississippi on
Q: It’s been a year and state child support office isn’t making my kids father pay full amount that’s court ordered?

I hired a private lawyer in 2020. July 2021 our court order was signed by my childrens father. His payments are suppose to come out his check through the state from his job. But it’s been one whole year and the payments are still not right. I have been to the child support office almost every... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 28, 2022

You would probably do better to take all of your paperwork to a private attorney and let him/her review it. The private attorney will be better able to spend the time on trying to determine what is going on with your case. If the court order states a specific amount each month for current support,... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: the respondent filed a counter petition but have yet to serve me. what can i do

I filed a petition in Tarrant County to have my case moved to Collin County (where the kids and I reside) and to modify the order. My ex husband filed his own petition 6/14 without actually answering mine. I was informed that I can not move forward until I am served or I should reach out to his... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

Look in your county and see if there are volunteer lawyers. If you don't have a lawyer I would wait until you are served,

2 Answers | Asked in Child Support for Tennessee on
Q: Can I ask my child’s father have to pay my attorney fees since I have to take him to court for non payment

My child’s father has not paid his court ordered child support in almost 5 years, the state of Tennessee tells me to get a lawyer bc we have a parenting plan which states the father is to pay 200 a month for the child. Has not paid in almost 5 years, I don’t have money to be paying for a... Read more »

Bennett James Wills
Bennett James Wills
answered on Jun 28, 2022

As the other answer says, you can seek attorney's fees. These are authorized by statute, including civil or criminal contempt. However, if you are awarded fees, it's just a judgment like anything else. He may not have the ability to pay and you may not be able to collect. You would still... Read more »

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2 Answers | Asked in Child Support for Tennessee on
Q: Can I ask my child’s father have to pay my attorney fees since I have to take him to court for non payment

My child’s father has not paid his court ordered child support in almost 5 years, the state of Tennessee tells me to get a lawyer bc we have a parenting plan which states the father is to pay 200 a month for the child. Has not paid in almost 5 years, I don’t have money to be paying for a... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 28, 2022

By Statute they are authorized. The Court may or may not grant the fees, for which you have to put on some proof. Also you may not collect, or get paid in full.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I am pro se in a child custody case, I don't know what paperwork I need to fill out as I am up against an actual lawyer.

Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

You should go to the family law forms website and almost everything is there.

https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0

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1 Answer | Asked in Child Support for New York on
Q: My support is reduced each month by $25 to cover the wire fees. Is this permissable?

We live in New York City. If not stipulated in the agreement is the father allowed to reduce the support for any reason?

Howard E. Knispel
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Howard E. Knispel
answered on Jun 27, 2022

If there is no provision in the order to reduce the support to cover this fee and you never agreed to this, it is not permissable. The non-custodial parent owes the full amount.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: My children's mother just received a large divorce settlement from her next marriage. Can I claim child support on it?

no child support now. similar incomes. joint custody and placement.

Jane E. Probst
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Jane E. Probst
answered on Jun 23, 2022

No. That is a property division that took place for assets after your marriage. Child support she would be paid from the recent marriage would be for the benefit of the children from that marriage. If she received income producing assets in the property division of the recent divorce, that... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: How long after a hearing for child support before judge schedules decision? Hearing was May 27 and no response

Motion filed pro se. Judge ran out of time because hearing was held at 5. Said we would be on record with decision following week. Am now told that court is booked and they don’t know when judge will get us back on record. It will be a month on Friday and crickets from court

Richard Diamond
Richard Diamond
answered on Jun 23, 2022

I am guessing that the court never began the actual arguments on the record in your matter concerning child support. Like every other profession in the world, things sometimes fall through the cracks, and you need to follow up with the judge's chambers to inquire as to the status of the... Read more »

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1 Answer | Asked in Child Support for Ohio on
Q: Can I still get charged with back pay child support?

When the mother and I established paternity she refused child support I supported her financially since my son was born but we are at a point where we just don't get along anymore so I filed to pay child support. Can she still get back paid child support from when my son was born? I don't... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 22, 2022

A request for back child support must be made in advance. The parties are entitled to a trial for the court to decide if they cannot agree to settle the issue. At a court trial the parties can enter their testimony and provide evidence to the court concerning any reasons why the opposing party... Read more »

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: What does it mean when I have current balance due of a negative -$7000 in childsupport
Bari Weinberger
Bari Weinberger
answered on Jun 21, 2022

Thank you for your question. You should call the child support and inquire about that negative number, it could mean you have overpaid but, you have to get an answer directly from them.

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2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: What does it mean when I have current balance due of a negative -$7000 in childsupport
Richard Diamond
Richard Diamond
answered on Jun 23, 2022

Either there is a major mistake in your account in your favor or you have overpaid your support obligation by 7,000. I would reach out to your probation department account officer to ask that an audit be undertaken on your account to confirm the error/overpayment. If there is an overpayment, then... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

Yes, you can. But you probably should get the lawyer on board as soon as you can because there are deadlines approaching in your case as trial gets closer. The longer you wait, the less strategic options your attorney has.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »

Mike Branum
Mike Branum
answered on Jun 20, 2022

Of course. Your attorney will have some catching up to do but you are absolutely able to hire counsel (the judge will likely be happy about it).

I would not hesitate any longer, however.

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1 Answer | Asked in Family Law and Child Support for Louisiana on
Q: My dad is paying back payments. I’m 21 now,my mom has the card with my name on it. Is it possible for me to get the $

Mom lives in LA I Been living in Texas by myself since I was 13. She refuses to give me the back child support she is finally getting. How would I be able to get the card & is that even possible for me to get the money directly to me. Or does she have to be the one getting it? I wasn’t sure... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 20, 2022

You can and should consult with a lawyer who is in the jurisdiction where the Order was issued/signed to see what, if any, options are available to you, however it is most likely not going to provide you the answer you seek----still, you should get the consult to see if there is any way you can... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: If I inherit property from my father can child support put a lien on the property for back child support that is owed

The child is an adult now.There is no child support order just the old support that is owed

James A Hanson
James A Hanson
answered on Jun 20, 2022

The answer depends on information not provided in your question. Those details are best discussed directly with an attorney, in any event.

If the back support has been reduced to a judgment against you, then your ex can use normal debt collection processes to collect the back support. If...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How can I get a copy of a voluntary relinquishment of parental rights letter that has been lost?

I have been given guardianship of my grandchild, and I need a copy of the voluntary parental relinquishment sent by the possible father. How would I go about getting one?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 19, 2022

If it has been filed with the court go to the clerks office and they can give you a copy,

1 Answer | Asked in Child Support for Nevada on
Q: I opened a child support case in California when my child was an infant. The father moved to Chicago. I closed the case

prior to obtaining a child support court order. My daughter is now an adult. Can I reopen case and receive back child support?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jun 15, 2022

It appears that since the child reached majority without any child support order in place, from either the family court or the district attorney child support division, you waived the right as you intentionally relinquished your right to child support by closing the support case.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: My ex took away my son from me years ago. We never had an agreement set up on child support. Now she is finally giving

Me visitation so I have agreed to start paying again. If she takes away my visitation and doesn’t let me have him a couple days week and I take her to court, can she get me for back child support?

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

The court can only order back child support dating back to (1) the date a petition for child support was filed in the court; or (2) in the case of an existing child support order entered in the past, back to the date child support was not paid during any eriod that the existing child support order... Read more »

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