Q: just found out my ex husband has opened a case to get child support from me, I have not got the info yet,what can i do
I have joint custody of my 14 year old son, he has primary residence with my ex because of my work hours, i have been asking for more equal custody of my son for years, my ex refuses, my son wants to be with me, we agreed in the divorce he coerced me and made threat of going for child support if i went for alimony, i am his mom, i reluctantly signed without proper legal council to know my rights, he is renigging on the agreement we agreed neither would pay child support since i signed away for alimony, Can i file for more visitation, or custody before i get the info on the order he has filed against me? Can i also go back for alimony since he renigged on our agreement? I want to know best way to represent myself in this matter, more than anything I want more custody of my son. He had someone from child support svc call me, and said they sent info to my employment to get my pay, can he garnish my wage I have abide by his agreement since the divorce, everything is the way he wanted it
A: You can certainly file a motion to modify child custody or visitation before receiving the child support order information; the court will consider what is in the best interest of the child. As for alimony, the enforceability of your prior agreement depends on how it was formalized and whether it was incorporated into your divorce decree; if it was, modifying it may be challenging. Lastly, if a child support order is issued, wage garnishment is a common enforcement mechanism, and your ex-husband doesn't need your permission for this to occur.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
