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Questions Answered by Paul Ylvisaker
1 Answer | Asked in Child Support for New York on
Q: My daughter is 18 and graduated HS and is working 25-40 hours a week but is taking college courses, entiled 2 support?

Is mother still entitled to support?

Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

Your state’s child support law dictate the answer to this question. You will need to consult with a licensed family law attorney for specifics.

1 Answer | Asked in Child Support for California on
Q: Sons mother not working in her grad field or to her potential because she wants to get more in child support.

I will be going to court for child support hearing at the end of the month. Child support calculated I pay $1000 a month due to the fact she only claims she makes $660 a month. Yes I make a lot more than she does, but she has more of an education than I do with a bachelor's in psychology and... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

You have made most of the argument you need to make to the court in your question. Mom is under employed and capable earning greater income. Whether it is voluntary or involuntary will be the question the court will answer. You will need to show what someone her field is capable of making as part... Read more »

1 Answer | Asked in Child Support for Florida on
Q: If my children dad stills owe backpay with child support will I get his stimulus check
Paul Ylvisaker
Paul Ylvisaker answered on Jan 3, 2021

Chances are “yes” unless a provision was added to most recent law for the 2nd stimulus check exempting those who have child support arrears.

1 Answer | Asked in Child Support for West Virginia on
Q: My boyfriend is required to back child support which his kids are now over 18and the medical bills

The court is requiring him to pay the bills that Medicaid has already paid. Is this legal?

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

Yes. Under Medicaid law, amounts for medical or funds spent on behalf of children, i.e., public assistance, will be collected. Public assistance funds and child support arrears funds collected are one of the metrics each state is measured on for future federal aid. The fact that the children are... Read more »

1 Answer | Asked in Child Support for Louisiana on
Q: What happens if the mother lost custody of child tor her parents how does that work with child support
Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

The mother is still legally obligated to support the child, even though the children may be with guardians and/or her parental rights have been terminated.

1 Answer | Asked in Child Support for Arizona on
Q: Calculating days for child support, do we use actual parenting time or time according to our original plan

My ex wants to modify child support- We divorced 5 years ago and at that time we agreed no support was owed either way. He now wants support- he is making less and has another child. Parenting plan gave us 3.5 days each exactly

In 2019, we informally modified our schedule. Our child is... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

You cannot modify parenting time order informally. The original order remains binding until modified by the court. The same applies for child support. If parents cannot reach accommodation on parenting time to present jointly to the Court, you will have to go back to court and present your... Read more »

2 Answers | Asked in Child Support for Kentucky on
Q: My 1st stimulus check was taken for back child support owed to my x who killed their self 2 years ago and child is 18

Where is the$1200.00 and how do I find out about it?

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

The check was given to the person to whom you owe arrears, as will all future checks from the federal government until child support arrears are paid in full. You cannot hide from the debt. It will follow you until into social security, at a time when you may not be able work and long after the... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I moved to Florida but my child's father is still in PA, where would I file for child support?
Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

File in Florida. If you are going to use a state agency, which I recommend, because Florida is the child’s home state. Ultimately, they may coordinate with Pennsylvania to institute an action there for convenience.

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1 Answer | Asked in Family Law, Child Custody and Divorce for California on
Q: Is it considered kidnapping if I bring my daughter with me to visit family in Hawaii if my husband doesn’t give consent?

My husband and I are still married, live together in Southern California, and never had any custody hearings. He doesn’t want our daughter to go. His reasoning is because of COVID-19 but we just went to visited his parents in Northern California. So I don’t see the difference.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

No. If you are parents married with no court orders limiting where when and who the child can be with, either parent can travel freely subject to not putting the child’s health safety and welfare in jeopardy. In this case that would following protocols for travel. Covid-19 has been addressed by... Read more »

1 Answer | Asked in Child Support for Missouri on
Q: My daughters father quit his job once we broke so he wouldn’t have to pay child support. If I file for support how will

an amount be determined if his income is zero now. He does not file his taxes. He has an offer letter for $50,000/yr but turned down the position so he didn’t have to pay child support.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 1, 2021

If he has the ability to work he will be attributed at least full time minimum wage as his income. If he has a history of positions or a career he left that paid more and has no legitimate reason for his unemployment status the court may attribute a higher income to him. Other factors can impact... Read more »

1 Answer | Asked in Child Custody and Child Support for Alabama on
Q: Can my ex go to jail if she has been keeping my child from me when we have a court order and I have been paying child?

We have been to court and we have a court order stating that I get her every other weekend from 6pm Friday to 6pm Sunday. I have been paying child support and have not seen my child one also she want give me a contact number or updates on my daughter.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 1, 2021

There are no criminal penalties for denying you court ordered parenting time. However, there are enforcement remedies in the family law court that can include sanctions for attorney’s fees and costs for having to return to court to enforce its orders. Additionally, dependent upon the nature of... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: I have questions about modifying child support

My stepdaughter's mother does not work(by choice) she relies on her husband to support their family. My husband and I both work, I am trying to figure out how to properly do the child support calculator to have an idea of what we should look at when we go to court to modify. I am wondering if... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 1, 2021

Only the two legal parents income is counted. There may be an indirect consideration of the court for household income, but that is not a legal consideration and the court should be reminded of that. If the other parent is unemployed, for a variety of reasons the court may only attribute fulltime... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: My ex is pregnant again with her spouse but is requesting a review increase on the child support I pay. What can I do?

My ex and I share joint custody of our kids. I pay child support because she is on disability and her income is lower. She has been married for over 6 years, had surgery to untie her tubes, and is pregnant with their second kid. She just requested child support for our kids be reviewed and... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

Child support is determined on the basis of the ability to pay for both parents. The standard for modification is often a substantial and continuing” change, which can be caused by a change to either parent’s situation or both. As the last order appears to have been several years ago, it is... Read more »

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: If admitted into a skilled nursing facility in Tennessee are you still responsible for childsupport

My brother retired from the Navy and has one minor child. He pays child support out of his military retirement check. He's been admitted into a skilled nursing facility. I was told that I needed to stop the child support out of his check because all of his money should be going to the... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

I am sorry to here about your brother’s circumstances. The advice you received is partially inaccurate. You cant simply “stop” child support that was established by court order. If you are his conservator, you will need to obtain an order from the court terminating or modifying to $0.00. The... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: How do I get a divorce and sole custody?

My husband and I have been separated since 2015. He has not attempted to contact his kids since 2016. He is over 28000 behind on child support and has a bench warrant out for his arrest that was issued 3 years ago and is still active. He's currently going to court for dwls and they still do... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

Your questions require legal counsel to work through some of the issues you have raised. The answers provided here are general in nature and not legal advice.

Foremost, yes there is a way to get divorced even if you cannot find your spouse. The biggest issue in your case at the outset is...
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2 Answers | Asked in Child Support and Family Law for Maryland on
Q: I have been recently contacted by my possible son who is now 20 years old. Can his mother seek child support?

At one point his mother told me he died at birth and several years later she came around and stated he never passed and wanted to know me. I requested for a DNA and she disappeared this occurred on multiple occasions. Now he has reached out at 20 years old and I want to know can his mother seek... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

No. After the child has emancipated paternity can be established, but the custodial parent cannot seek child support. Good luck.

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2 Answers | Asked in Child Support for Georgia on
Q: I recieved 2 checks back from Georgia child support. Why would they send me 2 checks back
Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

In general more information is needed. However, there are several possible answers to that question including, but not limited to, a change in the status of the child or the other parent (for example, the child has emancipated or custodial parent has given up custody of child to someone else due to... Read more »

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3 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Is child support/alimony considered late due to the bank transfer taking 3 business days?

I pay 2750 a month in combined child support and alimony on the 1st and 15th of each month, and I set up a payment through my bank into my ex’s bank typically a week before it’s due. The money always comes out of my account before the 1st or the 15th, but sometimes my ex gets it late due to the... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 30, 2020

With respect to child support and I suspect spousal maintenance as well the answer is “no”. While it is “due” on the 1st, it is not uncharacteristic for it to be paid on a person’s pay period end date, usually twice a month. For that reason, it is typical that a month’s support is not... Read more »

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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Can I write something out myself, giving my son's father sole custody, and then have it notarized, and give it to him?

We have an equal joint custody agreement in the state of Arizona.

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

To expand on the gentleman’s answer, Arizona retains jurisdiction over the case until it is transferred to another state (where the child resides). If the child has been re-located to Texas you will have to first register the existing Arizona order in Texas. Once registered you can proceed with... Read more »

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1 Answer | Asked in Child Support for Illinois on
Q: I pay child support but I have 3 other children with my current wife, can I lower my child support to my exwife?

My my ex wife and child live in Illinois, that’s were the divorce took place. I remarried, so has she, but I have 3 children with my current wife ages 5, 3 and a 7 month old, we live in Florida. I want to lower my child support. Is having 3 kids (this adds a lot More expenses) a substantial... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 29, 2020

Yes you can seek a modification. One child can often be enough to change amount and meet the substantial and continuing change requirement, and will most likely cross that threshold, unless you are a high wage earner. There are other factors to consider and requesting modification doesnt always... Read more »

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