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Child Support Questions & Answers
1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Mississippi on
Q: Does my husband have rights if he’s illegal Here during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

1 Answer | Asked in Child Support for Colorado on
Q: You Does VA education benefits count as income if I also have a full-time job?

I had to start school to receive the housing stipend to help me offset child support.

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Oct 1, 2022

The GI Bill stipend does not count as income for support purposes.

1 Answer | Asked in Child Custody, Child Support and Military Law for Mississippi on
Q: I’m a military spouse. I have full sole custody of my 10-year-old son. I currently live in Italy until 2024.

I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Oct 1, 2022

They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I get custody of my children will I still have to pay the arrears?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.

1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What is the legal definition of "extra curricular activities "?
Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 29, 2022

Examples of extracurricular activities are piano lessons, sports, choir, band, etc.

1 Answer | Asked in Child Support for Mississippi on
Q: Can my husbands ex wife serve me his child support modification documents?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 28, 2022

The requirements for a process server are: 1. 18 years or older, 2. not convicted of a felony, 3. not a party to the lawsuit. So, the answer is yes, if the ex-wife meets these requirements.

1 Answer | Asked in Child Support for Texas on
Q: Should I get an attorney?

The attorney General (child support) is taking my ex to court for contempt. He owes me 20k in arrears and hasn't been paying me. They said I might have to testify. I do have a few documents to prove that he is making money and has alot of "toys" ex. Multiple vehicles, boats, etc.... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Yes. Unless you are an attorney yourself or have legal experience with a relatively simple matter, hiring someone with the education, training, and experience to handle a matter usually produces a more favorable outcome than attempting to do it yourself. Unfortunately, attorneys do cost money.... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: for a children custody case when the one parent fails to pay for what he agreed to, does he pay my lawyer fees?

what is the law for breach of contract for family matter when it comes to his children's obligations?

Mark Oakley
Mark Oakley
answered on Sep 28, 2022

An award of attorney's fees is an available remedy when filing a motion to enforce a support obligation and for contempt of a court order requiring the payment. The decision to award fees, and how much, is in the discretion of the judge.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I want to file a case against (????) I am a father who has been requested to pay child support. 1983 who?

I want to file in the federal courts against ( I dont know where to start) that the request for me to pay child support has and continues to violate my first amendment protections of the constitution. I have been doing as much of the hard work needed and I am wanting to begin this process

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Family law issues are handled in state court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Child Support for California on
Q: I have a court order to receive child support. I didn't collect over the past three months as my life was in transition.

I was staying with friends while looking for a new home and during this time our son stayed with my ex. We have 50/50 custody, but this was done in the best interest of our son. I am ready to move into our new house and asked for a “catch up” payment. He is refusing as he claims I abandoned my... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This scenario is more tricky than you may imagine for reasons that can only be explained in detail during a consultation with an attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... Read more »

1 Answer | Asked in Criminal Law, Child Support, Civil Rights and Constitutional Law for California on
Q: What can I do to stop them from losing my paperwork,changing the worker and I consolidate the case to modify this order?

When I my husband left his kids mom he had his kids.Dcss garnished his wages for welfare she collected while they were still together. While going to court the mother applied for welfare in another county where she was in a drug rehab . That county sent him a notice for paternity.He called them... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Sorry but this is confusing. Sit down with a local attorney to discuss your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Child Support for Colorado on
Q: Myself&Children live in CO, Father on FL. Orgnl Support Order from MO. Can I move support order to CO and modify in CO?

Our Original divorce decree was settled in MO in 2019, Children’s Father and I have both moved out of MO, Children and I reside in CO while he moved to FL. He took me back to court in MO in 2021 and received an order that he may pay $596 for both children down from $700 the previous years. My... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Sep 26, 2022

Interstate jurisdictional issues can be tricky. Jurisdiction is most likely where he is now since you both moved out of MO. You can always file for child support where he is. However, Colorado jurisdiction it may depend on whether he has any contacts with Colorado and what those are.

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is child support still warranted if there is joint physical custody with a 60/40 split? If so, who pays?

My ex husband and I have had joint custody of my daughter since we divorced 7 years ago. However, I have had primary custody of her legally. My daughter has expressed interest in living with her dad during the week, which is fine, as long as I still have my time with her. I have always had her... Read more »

Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Sep 25, 2022

Child support will be recalculated based on income and other factors. I can't say whether you will or will not owe child support.

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: both parties agree on change to custody and financial agreement of children. what needs to happen to be legally binding.

is there a form that cam just be filled out and signed by judge?

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 24, 2022

There isn't one form. There are 6 different documents that need to be filed in order For this to be done correctly. You definitely want to hire an attorney to handle this, because if it is not done correctly, it could be more costly later o

1 Answer | Asked in Family Law and Child Support for Florida on
Q: how can I protect my new spouse from my child support case in Puerto Rico?

my ex girlfriend may open a child support case on me if she finds out i am newly married. Can my pre nup in Florida protect my new wife from my ex trying to add my new wifes personal income for child support case in Puerto Rico?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

The mother of your child cannot force your wife to pay child support in Florida, whether the mother sues in Florida, Puerto Rico, or elsewhere. Child support would be your obligation, not that of your wife. If your ex does file for child support, you and your wife probably should not own property... Read more »

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: If my child support was cancelled by the mother in a district court back in 2012 how can they still be taking

I have court papers from the district court saying it was cancelled. Also signed by the mother.but my checks are still garnished etc.

Janice Jacovino
Janice Jacovino
answered on Sep 21, 2022

The answer to the questions would depend on the what the court papers said.

Did it include past child support, current support, judgements, ect?

Also, while a mother could waive current/ongoing and past child support due to her for the child, she can not waive an amount due to the...
Read more »

1 Answer | Asked in Child Support for Florida on
Q: what type of motion would I file to make my ex pay his child support on time? he pays it every month but never on time

The judge was very clear that it needs to be paid on the 1st of the month and not any later. but it never comes on the first of the month. it comes randomly all different times of the month and I cannot budget because I don't know when it's coming and I want to have the judge enforce it... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 21, 2022

Unless your ex is self employed, the best thing that you can do is to ask for an income deduction order, which is your right under the law. With that order the child support would be deducted directly from his pay check by the state and then forwarded to you. Speak with a local family lawyer for... Read more »

2 Answers | Asked in Child Support and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 20, 2022

You must deal directly with the court that issued the child support order. File a motion and explain your situation. Timesharing and child support are not directly related, meaning if one parent withholds the child that is not a reason to not pay child support. You are raising complicated issues... Read more »

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