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Questions Answered by Paul Ylvisaker
2 Answers | Asked in Estate Planning, Military Law and Probate for Ohio on
Q: How are heirs determined for a deceased person who passed without a will?

My father recently passed away. On paper, I am his only child. He and my mother were married when I was born and he is listed on my birth certificate. When I was in 5/6, he was dating a woman who was separated from her husband. This woman became pregnant and had a son that she claimed was my... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 26, 2020

You will need to speak to an experienced probate attorney licensed in the state where the decedent lived. Probate law differs from state to state and you are requesting information on a very specific set of facts pertaining to an individual’s right lay claim to the estate. Only someone familiar... Read more »

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4 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Would I owe child support on a stepchild?

My Japanese girlfriend is pregnant with our child and we would like to marry. She has a 4 year old son from a prior marriage who lives in Japan with his father; I have never had any contact with this child. She has been mum about whether her son will return at some point and wants me to focus on... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 26, 2020

Short answer. No. To add to the gentleman’s comments, someone who is also familiar with the federal immigration law concerning both the rules for a foreign national and your obligation to provide support to her if you marry in the United States. I would seek only an experienced immigration... Read more »

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1 Answer | Asked in Divorce, Child Custody and Child Support for Mississippi on
Q: If my divorce settlement says that my ex-husband doesn’t have to pay child support, how soon can I go back to court

We have made a divorce settlement that isn’t signed yet. I’m thinking I don’t want to sign it after all. I don’t like the custody arrangement and his lack of paying child support. If I sign it, I know I have to wait until there’s a material change to readjust custody arrangements, but do... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 24, 2020

Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law on
Q: I just filled for child support and finally have a hearing next month. My sons father signed the birth certificate

Hasn’t seen my son in months now he got served with hearing papers he’s asking to see my son and take him every day. Is he doing this to avoid paying support and say that he’s with my son all the time. Can I with hold visitations while going thru support hearing.

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 24, 2020

Generally no. You cannot withhold visitation based on non-payment of child support. The law favors co-parenting and each parent being involved in child’s life. The presumption is equal parenting between parents, absent a showing that it is not in the best interests of the child.

Keep in...
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2 Answers | Asked in Child Support for Maryland on
Q: My child support is due on the 1st. Since Jan. 1st is a holiday, what day do I pay so Jan is up to date?
Paul Ylvisaker
Paul Ylvisaker
answered on Dec 24, 2020

As a rule its due on 1st business day after a holiday or weekend. For some states, while due on 1st, it is not late until the 1st of the next month. In your case, February 1st.

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: What are my rights or what could I do if I live on a property that my children's fathers name was put on the deed when

His grandfather passed he left a will with his eldest son being the executor of the estate and real property.Q: My children's father owes me back child support arrears and is court ordered also to pay current child support but, doesn't,, am I able to put a property lean on any property... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 23, 2020

Yes. But you will need an attorney to do so. You may be able to use the state or county attorneys who manage cases for child support services in your state. However, that process is slow. A family law attorney can help you accomplish your goal much more efficiently.

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Q: Child support: How does the custodial parent receive relieve or payment when the paying parent is in prison?
Paul Ylvisaker
Paul Ylvisaker
answered on Dec 21, 2020

You are in a difficult situation. If the parent owing support is imprisoned, then obtaining child support is usually not feasible. Some states will reduce child support to $0 during incarceration, others will allow the monthly balance to accrue at the monthly amount creating a potentially large... Read more »

2 Answers | Asked in Child Support for Maryland on
Q: My son now lives with me, do I still pay child support?

My son has spent over 80% of his time with me this year, however, I’m still paying child support to his mother. I’d like to remove the child support order and get full custody of him. Is this possible? I plan to speak to an attorney about the details, but thought I’d ask.

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 21, 2020

Based on what you have asked and information offered the answer is a qualified”yes”. Factors that influence the amount of child support you owe are number of biological or adopted minor children in household, medical expenses paid, daycare or childcare costs (if any), the amount of parenting... Read more »

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1 Answer | Asked in Child Support for Ohio on
Q: If ex and I both agree in writing can I pay child support directly to her instead of having it garnished from paycheck?

Ex and I both agree paying child support would be easier if I just transfer funds from my bank account directly into hers as this is what we have been doing during our separation. Can this be done if we both agree in writing in our divorce agreement? Or does child support have to be garnished from... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 21, 2020

If the parties are in agreement, direct pay can be written into the Decree. The specificity as to amount, due date, and length are essential terms. I suggest a lawyer to draft the appropriate language to consider other safeguards, but it is appropriate with the minimum terms.

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: Is it illegal for a judge to deny you council during a divirce?

I was denied the right to find another lawyer for our divorce. Hard to explain in a summary. But my lawyer was Haha hehehe with my ex husband's attorney when u arrived for court my lawyer pulls me aside and quits and takes everything like police reports domestic violence pictures and so... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 21, 2020

Yes it is yourconstitutional right to be represented by counsel. However, that right does not extend to the appointment of counsel by the coutt in family law cases.

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1 Answer | Asked in Child Support for Hawaii on
Q: How can I get information on my child support if he resides in a different state?

I have 3 children’s. My oldest child is in college and the other two are still in high school. My ex husband is 13,000 back pay child support. He resides in another state. How can I get information how when am I going to get the back child support payments?

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 20, 2020

Contact the Hawaii child support services agency. Once you make application they will do the legal work to collect child support owed. It is not a quick process, but it is essentially free and they catch up to non-payers who have arrears.

1 Answer | Asked in Child Support for Illinois on
Q: My child is 18 in Aug 2021. Does my child support obligation automatically terminate in KY?

He will be out out of HS at time of turning 18. Would KY automatically terminate child support or would I have to do something on my end in order to have it terminated?

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 17, 2020

The answer is...it depends. If the child support agency for the state was responsible for obtaining the order then arguably yes. Termination dates are typically tracked and the order terminated by the state (more specifically, the lawyers who work for the agency). If the order was part of a decree... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: At the time of my divorce my youngest child was 17. My husband had no income but had filed for SSDI

which was approved shortly after the divorce was final. My son is now 20. Can I file for back child support?

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 17, 2020

No. Once the child has emancipated the right to seek child support is terminated.

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1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Is it possible to end *back* child support payments if both parties agree?

I was married in Indiana in 1993, had a child in 1994, and divorced in 1996. My ex wife had sole custody until he turned 19. There was no child support order in place (that I know of) for this whole time, but once she became disabled and was forced to stay for quite some time in a nursing facility,... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 17, 2020

It is possible for the party receiving support payments to waive child support arrears. However, if the state provided cash benefits to the mother at any point during the child’s minority a waiver of child support by the mother will only be granted up to the amount owed less what the state is... Read more »

1 Answer | Asked in Child Support for Kentucky on
Q: Can my ex-spouse take me back to child support for back support when child support is no longer and obligation

The child has moved out I pay now what court ordered me to pay 43 $ a month she has filed to get my back support raised

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 13, 2020

Yes. You are obligated to pay the support that should have been paid during the time yhe original obligation was due.

2 Answers | Asked in Child Support for New York on
Q: My husband owes back child support but is paying. We want to buy a house. If his name is on the deed and he falls behind

in support in the future can they put a lean on our home? If so, would leaving him off the deed prevent that?

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 13, 2020

Yes and yes dependent upon state you live in. Property can be liened. Consult an experienced family law attorney to determine the specifics of your state. States have far reaching authority to lien assets, up to and including social security.

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1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can a judge ask for a step parents income in child support modification?

My husband filed modif. Of child support due to work loss and disability. The hearing was today where his ex wife's attorney wanted to know my income and how many hours I work a week. The judge made my husband answer. I feel violated as it's my personal right to my own information and i... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 11, 2020

Generally the answer is “it depends”. The judge can allow the question, but he or she should not make a finding or ruling on your ability to pay child support that includes consideration of a step parents income. There are caveats to that. For example, if the income is derived from your work... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: My son turned 18 and moved out of his mother's house to live with his girlfriend. Does child support continue ?

I am current on my child support

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 10, 2020

As general rule, the order will not self-terminate until a new Court order is entered; states have different versions of laws governing how and when the child is emancipated and when the child support obligation ends.

While the custodial parent is not entitled to the child support on...
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2 Answers | Asked in Child Support for Michigan on
Q: Hello I was wondering if the judge ordered for my child father to pay child support can I tell them I dont want it
Paul Ylvisaker
Paul Ylvisaker
answered on Dec 10, 2020

The answer is “it depends”. Parents have a legal dury to support their children. Funds paid for the benefit of the minor child are for the child, not the parent receiving. The Court will scrutinize any request to waive child support on the basis of (1) is the child being deprived of a standard... Read more »

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