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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Hello,my ex wants me to get a dna to prove paternity and get me for child support

So she has a 10yr old girl who she says is mine,and now after all these years she want to get me to take a dna test.she has been with a guy that was there since she was pregnant until recently last year they broke up.they were together for 9 yrs or so but never married.the guy signed the birth... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 9, 2021

Depends. With the ex-boyfrien on the birth cerificate, there is a presumption he is the father; it is not conclusive evidence, but certainly compelling. Yhe amount of time that has transpired and the circumstances are a little suspect. Nevertheless, if you voluntarily submitted to a paternity test... Read more »

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1 Answer | Asked in Child Support for New York on
Q: I owe arrears to my daughter’s mother. She passed away and I was awarded custody. What happens to the arrears ?
Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

Typically the order can be terminated on death of a parent, but if there are state-owed arrears, the will collect until their debt is satisfied. You may need to file a pleading with the court to terminate the support, otherwise the state may continue to collect. A copy of the death certificate is... Read more »

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Alabama on
Q: Custody/divorce paper does not include taxes. Now being threatened with jail for claiming 1 of 3 children. Best option?

I pay child support on time and am a full time college student.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

You are not going to jail, nor likely to face consequences. If the order is silent, then you have as much right to claim as the other parent. I would get the order amended by consent if you can agree or the court can do it for you.

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can DHR child support case be used in custody battle?

My child’s father quit paying child support almost a year ago. I finally got DHR involved due to him refusing to help, pay support and always taking under the table jobs. I also have a custody date coming up soon. Can the DHR child support case be used in a custody battle along with the other... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

The decision regarding custody depends on several factors, slightly different in each state. The court will looking at what is in the best interests of the minor. Payment or non-payment is generally not a factor itself, but can be used indirectly. Suggest you speak with a family law attorney in... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can they take my IRS REFUND on the refund is my rebate credit.

Owe around 4500.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

The new stimulus law exempts seizure of your stimulus check. Your federal tax refund can and will be seized for child support arrears owed.

2 Answers | Asked in Divorce and Child Support for Florida on
Q: What are the laws regarding accessing my husband’s personal bank account transactions?

We have started talking about getting a divorce. I found out earlier in 2020 that he was having an affair. He has since changed his log in for his 401K account and withdrew money to go on a trip and she also went along. Then he just got terminated on Dec 27th and now has cashed out his 401k as well... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

First suggestion is to get an experienced family law attorney to guide you through process. Family law rules are built around premise that full disclosure is a requirement. How that occurs are through various legal mechanisms beyond the scope of this general question and answer forum.

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1 Answer | Asked in Child Support for Alabama on
Q: If I'm paying child support arerrs and the parents passes away do i continue paying arerrs
Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

The answer is generally “no”. Howver, there are exceptions to that answer. Once such exception if you owe arrears to the state where deceased lived, by virtue of public assistance given to her for the support of the minor child.

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Is it possible for a judge to grant visitations unsupervised to a child that has not had a relationship with her father?
Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

To add to the gentleman’s comments, often re-unification therapy with parent and child can be recommended and endorsed by the court as a pre-cursor to unsupervised parenting time. That may be coupled with age-appropriate child development counseling, beneficial to give the non-custodial parent... Read more »

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1 Answer | Asked in Child Support for Massachusetts on
Q: Interest owed to mother that never had the child in the first place.

I owe arrears and interest to the mother. The child is of age now, and on her own. I wanted to know if there is a precedent to give to a court that could waive the the interest owed to the mother and to the commonwealth. She never had the child for the majority of the child's life. She... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

Some states grant the court the ability to suspend interest on child support. There are other consideration, but you will have to bring that to a court’s attention in a proper legal action. I would recommend the use of an experienced family law attorney to assist you with that process or... Read more »

2 Answers | Asked in Child Support and Family Law for Michigan on
Q: How to dismiss a child support case

My Children's mother and I have been taking care of our children seperately since 2017. I had lost my job in 2019, and I had health insurance through the health marketplace, and signed up to get health coverage for both of my youngest children. Not knowing that their health coverage would be... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

Both parents have legal duty to support their child. If the children are receiving state benefits, then child support order is appropriate.

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1 Answer | Asked in Child Support for Mississippi on
Q: I owed back child support in MS that is deducted from my check. My kids are all over 21 now. Do I have to pay the rest?
Paul Ylvisaker
Paul Ylvisaker answered on Jan 6, 2021

Yes. Your children’s emancipation (turning 18 usually) has no bearing on past support not paid. Child support will be collected until paid in full or waived by the paent receiving. Keep in mind that some states charge interest on the principal amount and the debt is not paid until both principal... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: Can I get back child support for the 16 months we were seperated before child support was court ordered?

My husband and I have been seperated since August 2018. I finally got child support ordered in Dec 2019. He did not help with the kids and has no contact with them. Can I get support for the 16 months prior to when we had our hearing in Dec 2019. Due to Covid our divorce hearing has been moved... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 5, 2021

The short answer is generally yes. But if you have an attorney you should be consulting directly with him.

2 Answers | Asked in Criminal Law and Military Law for California on
Q: I am shipping off to Basic Training for the military on FEb 8th.Last week I got 3 misdemeanors: possession, intoxicatio

Paraphernalia. I was informed the new LA DA is not pursuing any low level misdemeanors (including the ones I was charged with). The arresting officer also confirmed this. However, my court date is in April during which time I am supposed to be in Basic training. Any advice?

Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

If you were arrested, charged, and fingerprinted you dont have any choice; the military will find out eventually and a number of things could happen at that point, including a discharge for the convenience of the government while you are in training. If your MOS is at all reliant on ability to... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for North Carolina on
Q: 100% disabled veteran. Him and wife divorce. They have 1 kid and a house. Is she entitled to his disability if divorce.

He had been getting 100% military disability before they married.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.

2 Answers | Asked in Child Support for Kentucky on
Q: Can my ex wife making me pay her lawyer over a motion on modification of Child support.

My ex wife and I have been divorced 2013 now our oldest Son is 19 will be out of school in May. My ex wife is trying to get me to keep paying for child support on him and try to say he’s Whole dependent. He has autism is very high functioning. Last year I found out he was not attending aftercare... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

She can request attorney’s fees and costs and the court can awasrd them. However such requests and orders are usually based on malfeasance by one party or the other. Income disparity can be a factor,

Child supoort can be awarded for a child beyond emancipation, but the standard is very...
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3 Answers | Asked in Child Support for New Jersey on
Q: Can I take my ex to court for hacking into my emails and threatening to use them to keep me from filing child support
Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

Im not sure what would be in your emails that would be related to sweking child support, but yes you can take him to court for both. You have the criminal and civil actions for breaking into and threatening to disseminate your personal information.

Every parent owes a duty of child support...
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1 Answer | Asked in Child Support for New Mexico on
Q: I GET SSI DO I STILL HAVE TO PAY CHILD SUPPORT I WAS COURT ORDERED
Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

Yes you do. Federal and state laws permit the garnishment of SSI for child support obligations.

2 Answers | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: A few years back I signed guardianship of my child to my exinlaws due to losing my job and house. Recently they decided

To move to a new city 200 miles from me. My daughter is 15 and begged to stay with me instead. She is now living with me full time due to the fact they would be living in a camper until they found a place to live. They dropped her off and I asked them to sign a paper stating she was now in my... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

The facts unclear as to why you would be paying a significant amount of current child support if the child living with you; that would be a question a lawyer could help you sort out.

With regards to change of custody, that is question that a court would make the final determination. There...
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1 Answer | Asked in Family Law and Child Support for Missouri on
Q: I've been paying child support every week, since child was born directly to the mother, can she get back child support?

I live in Missouri, I pay 100 a week directly into her mother's bank account... she requested I do this, and now she is saying she is going to go get state help (she makes way more money than I do) and that they will make me pay since day she was born... is that true? Or can I prove that she... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

You are correct. If you can donstrate that you have been making direct support payments, then you have a good argument for receiving credit for support paid. If you do not have proof and she is willing to perjure herself under oath, then the judge will make the determination.

Most states...
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