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Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Florida on
Q: How can a judge (FL) order someone who is unemployed to pay of $800 in child support.

Judge allowed mother to temp relocate back to NY. I have to pay travel expense for my son who is 5 years old which consist of flight ($300-$500) in addition unaccompanied minor fee ($300RT).

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 8, 2023

Generally speaking, when a party is unemployed, for child support purposes, they are imputed (assumed) to be earning minimum wage. If you cannot afford the timesharing based on a minimum wage income then you should return to court and ask for a modification. Because this can be a complex issue... Read more »

1 Answer | Asked in Child Support and Divorce for Wisconsin on
Q: My Ex doesn’t want me to get anything out of our divorce. We 2 kids and they live me. What can I do?

He is living in the house and I’m in section 8 living. He sees the kids about every other weekend. He doesn’t help with money or anything. He thinks I don’t deserve anything. Even his kids it seems. We have been separated over a year and I filed divorce papers last March.

Jane E. Probst
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Jane E. Probst
answered on Feb 7, 2023

You need to file a Motion for a Temporary Order for custody and child support.

1 Answer | Asked in Child Support for Kentucky on
Q: "Big" check promised to my son for overage of child support. It's been since before Christmas! How can we speed this alo

Speed it along. He's literally about to lose the home for his daughter. Why would it take this long? People are struggling, and you know you've got a check sitting with your name on it. That's not right

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Go to the child support office that has the check and inquire as to its availability.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: How do I get full custody of my son and child support from my ex-boyfriend?

My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 6, 2023

You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.

1 Answer | Asked in Child Support, Family Law and Immigration Law for New Jersey on
Q: How do you deal with foreign child marriages (under16), would they have to got to court (§ 37:1-6) to get it approved?
Richard Diamond
Richard Diamond
answered on Feb 6, 2023

In 2018, New Jersey Governor Murphy signed a bill into law that would prohibit anyone under the age of 18 from marrying or entering into a civil union. As of July 2022, seven U.S. states have banned underage marriages, with no exception, including New Jersey.

Historically, child marriage...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I already filed for divorce with children with a lawyer at the time. Why is judge taking time to finalize divorce

I can't afford lawyer now but everything was already agreed by both parties just waiting on judge to sign. Do I need to hire lawyer again to get a judge to sign??

John Michael Frick
John Michael Frick
answered on Feb 6, 2023

You may need to schedule a prove up hearing to present the necessary evidence for the judge to sign your proposed final decree of divorce.

You should contact court staff to see when your judge holds her prove ups and whether you need an appointment or can just appear with your necessary paperwork

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: My CS case is currently under review with DCS. It has been 3 months. DCS said they have to serve Mom the modification

papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?

Regina Irene Edwards
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Regina Irene Edwards
answered on Feb 6, 2023

You can hire a private attorney and you probably will get a result quicker. Both judges use the same rules. It's just usually quicker to go through superior court and a private attorney, but you will have to pay the attorneys fees. DCS is free.

1 Answer | Asked in Child Support and Family Law for Kansas on
Q: If my ex moves to Arkansas where I live, shouldn’t the support order end for Missouri?

My ex girlfriend filed for support in Missouri. Before the case was ordered, she moved here to Arkansas so my son could be closer to me. Shouldn’t that end the support order in Missouri?

John Michael Frick
John Michael Frick
answered on Feb 5, 2023

No. Under the Uniform Child Custody Jurisdiction Act, if Missouri had jurisdiction when the case began, it continues to have jurisdiction until a final order is entered.

Once a final order is entered, under the Full Faith and Credit Clause of the US Constitution, any other state must give...
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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: If my kids live with their mother and I give them a phone can she take it from them
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Feb 3, 2023

Yes, she can take the phone but the kids should be allowed to talk to you ,

1 Answer | Asked in Child Support for Michigan on
Q: can a court charge you child support without your knowledge
Brent T. Geers
Brent T. Geers
answered on Feb 3, 2023

Depends on how it is done, and what you mean by "your knowledge". But yes, it is possible to be subject to a support order without your knowledge.

1 Answer | Asked in Child Support for Kentucky on
Q: What happens if the father never pays Child support and has already went to jail. And still refuses to pay.

Also the father has no income or paper trail showing he has income. How can I receive child support?

Timothy Denison
Timothy Denison
answered on Feb 3, 2023

You can’t receive support if the payor is in jail.

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... Read more »

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How to contest Legitimation against my children's biological father?

My children's dad all of a sudden wants legal rights, my boys are 3 and 6. He has not been consistent with being there for them, making a bond or providing financially. It baffles me as to why he wants to proceed with this case other than to hurt us emotionally and mentally, and continue to be... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 2, 2023

Your kids are of such a young age that you may not be able to stop the court from allowing the father to legitimize. If he petitions the court for legitimation and asks for visitation, I would hire an attorney.

2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Feb 1, 2023

The court order does not go away just because a child support payee closes a case with child support enforcement. The order is still valid and most likely the case can be reopened.

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2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: Can a previously closed court ordered cs case (closed by the mother), be reopened?

Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 1, 2023

The mother can continue to seek child support over and over until the child no longer qualifies for support, according to the law. Closing a child support case does not mean you cannot later open another case or file in superior court for child support. She never loses her right as the custodial... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: My has been paying the mortgage since we got divorced. He then stopped paying child support. He says he has a right

He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 1, 2023

Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Father who resides in Florida has faithfully paid child support after child’s mother filed claim in puerto rico. Child

now 18 and state of Fl sent father letter saying he no longer had to pay child support. Mother filed again in Puerto Rico since they recognize a child until age 21. Does father still have to pay even though FL said he doesn’t because the child is now 18 and considered an adult in FL?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 1, 2023

You need to look at which jurisdiction (state) issued the child support order. If the original order was from Florida and it has terminated because the child has emancipated then you can use that as evidence if there is a new action filed in PR. If the original order is from PR then you are subject... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: 16yo son lives w/his dad in Florida, is failing 10th grade for 2nd time and is truant. Can I request to terminate cs?

My ex-husband and I have equal rights but I haven't seen or spoken to my son in 3 years. He misses more school than he attends, had an ISS last week and is failing the majority of his classes, for the 2nd year in a row. Dropping out appears eminent. Can I request to terminate child support... Read more »

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

Assuming that the child support order was issued in Florida, a child's poor academic performance is not a reason to terminate child support. If the child drops out and gets a job the income that they earn could be a reason to modify the child support down. Speak with a local family lawyer for... Read more »

1 Answer | Asked in Child Support for Texas on
Q: This is related to child support.

I have two children 21 and 19. I owe back child support in the amount 25,000. I am making monthly payments of $315.00. I need my passport as I may need to relocate with my spouse to Mexico. Please advise. Thank you for your help.

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

You will need to pay off your back child support in order to get a passport.

1 Answer | Asked in Child Support and Divorce for South Carolina on
Q: What do I do if I and going through a 2 plus year divorce in sc and spouse owes child support but ran off to AZ

I don’t not know where he is in AZ only found where he got a speeding ticket in Chandler Az in April of this year. Have not been able to find him until this ticket I found. He has not shown up for court dates etc

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

A private investigator in Arizona should be able to run a "skip trace" to try to determine his whereabouts. You might also search for any public records related to his speeding ticket -- the jurisdiction where he received it likely has an address for him.

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