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Child Support Questions & Answers
Q: How to avoid child support obligations with mutual agreement?
I received a letter requesting my financial information for child support payment. I am on good terms with my ex, and we both agreed we do not want formal government involvement in child support matters. However, she receives medical assistance, which seems to require me to pay child support. We... View More 
Q: Do I need to file anything to end child support in Texas after my daughter graduated and turned 18?
I'm located in Texas and recently made my last child support payment. My daughter graduated in May and turned 18 on June 29. There is no court order for continuation, no past-due amount, and I haven't received any communication from the child support enforcement agency. Do I need to file... View More
John Herbig
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answered on Jul 7, 2025
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answered on Jul 7, 2025
It depends. If your Order states specifically that your child support terminates on the child's birthday or when the child graduates high school, whichever comes second, and both of those things have happened then you don't need to file anything with the Court or the Attorney General.... View More
Q: Confused about responding to a child support modification summons within 30 days in Georgia.
I received a summons for a child support modification, which requires me to file an answer with the clerk of the court within 30 days. The summons includes a financial questionnaire, but I'm unsure if I'm supposed to submit this alone or if I need to file another type of answer because I... View More
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Regina Irene Edwards
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answered on Jul 7, 2025
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answered on Jul 7, 2025
You will need to file an Answer as well. You can go to the law library and get a sample of the Answer. However, it's best to hire an experienced attorney to guide you through the process.
Q: Can future child support be placed in escrow in PA?
In Pennsylvania, is it possible to have future child support payments placed in escrow? I was never married to the child’s mother. I haven't been to court regarding child support or arrears, and there is no existing agreement for support, but there is a current court order. I am considering... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
Yes, in Pennsylvania, you can request that future child support payments be placed in escrow, but it must be approved by the court. Since there is already a court order in place for support, any changes to how payments are made—including placing them in escrow—must be formally proposed through... View More
Q: Does respondent pay child support in OK with 50/50 custody and higher income?
In Oklahoma, if a petitioner, who currently lives rent-free with her parents and has equal custody of her child (4-3-3-4 arrangement), potentially earning more than the respondent, lost her job seven months ago, and earns $1,000/month compared to the respondent's $6,000/month, does the... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
Yes, even with 50/50 custody in Oklahoma, child support may still be ordered if there is a significant income disparity between the parents. The court uses a shared parenting child support calculation that considers each parent’s gross monthly income, overnights with the child, and contributions... View More
Q: What documents are needed to respond to a child support order modification in Kern County, CA?
I am currently involved in a case to modify an existing child support order. My ex-husband believes I make more money than I actually do, and he is requesting that I pay for transportation costs when our child visits him. However, my income is variable and does not support this request. Originally,... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
To respond to the child support modification in Kern County, you must complete and file a **Responsive Declaration to Request for Order (FL-320)** and an updated **Income and Expense Declaration (FL-150)**. These forms are required to explain your position on the proposed changes and to provide a... View More
Q: Can I file contempt for missed child support despite my child turning 18?
I have an existing court order for child support, but payments were missed for 7 months between April and November of last year because the father was in rehabilitation. During that time, a modification was made in May, but court dates were continued, and eventually, the modification was dismissed.... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
Yes, you can file a motion for contempt for unpaid child support even though your child has turned 18. The age of the child does not erase past-due support—arrears remain enforceable until they are fully paid, and courts continue to have jurisdiction over enforcement actions. The father's... View More
Q: Can a judge override a child support office order in VA?
I am a school teacher earning $3,000 a month, but I do not work during the summer. My child's father earns $12,917 a month but has never paid any child support for our 15-month-old daughter, despite an existing order from the child support office. The father has now filed for a hearing with a... View More
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James H. Wilson Jr.
answered on Jul 4, 2025
answered on Jul 4, 2025
An initial child support decision may be determined in one of two ways in Virginia, by an administrative decision of the Department of Social Services, Division of Child Support Enforcement, or by a Circuit Court or Juvenile and Domestic Relations District Court judge. A party may appeal a... View More
2 Answers
| Asked
in
Child Support, Gov & Administrative Law, Immigration Law and Family Law
for
Arkansas
on
Q: Will a child support hold in Arkansas affect my international travel plans?
I have a valid passport that was issued before Arkansas placed a hold on my passport. I have immediate international travel plans scheduled for the 13th. I've been paying my child support, above the required amount, since I was notified in May of this year, and I have payment history. There... View More
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Thomas Henry Johnson
answered on Jul 3, 2025
answered on Jul 3, 2025
Hypothetically; If a gentleman already has a valid U.S. passport that was issued before Arkansas placed a hold due to child support arrears, he may still be able to travel internationally—but there are important caveats.
What Works in His Favor
- The passport is already issued and... View More
Q: Child support calculation dispute with business owner in Colorado.
I recently filed for child support from my child's mother, who lives in another state. My case is in Colorado. I have primary custody, with my child staying 310 days per year with me, while the mother has 55 days. She owns a successful business and provided her most recent tax returns, showing... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You should move the court to impute her full adjusted gross income—\$7,500 per month—because Colorado’s guidelines define income to include all income from whatever source, not just what she chooses to pay herself.
File a motion for an income‐determination hearing under C.R.S. §... View More
1 Answer
| Asked
in
Child Support, Identity Theft, Civil Litigation, Family Law and Consumer Law
for
Missouri
on
Q: Child support checks stolen from mail and cashed, need advice.
I have had child support checks stolen from my mail and cashed without my permission. I've contacted the child support agency and they are sending affidavits for me to notarize to issue new checks, but I am concerned I will not receive them either. Should I report the theft to the police, and... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You should report the theft of your child support checks to your local police department and obtain a copy of the police report for your records. That report will support your affidavits to the child support agency and help establish the theft as a criminal act rather than a paper loss.
Ask... View More
Q: How to serve out-of-state mother for full custody and child support?
I currently have primary placement of my child with no child support, and I'm seeking full custody and child support. The mother has moved out of state and is not following the existing court order. I do not have her address and only have phone contact. How can I serve her with legal documents... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You begin by filing your custody and support petition in the court that issued your existing order and immediately move for interstate service under UIFSA or your state’s long-arm statute. That motion asks the court to direct service through certified mail or a process server in the other state... View More
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
California
on
Q: What can I do to see my daughter before the court date amid parental alienation? Emergency order denied, mother's actions challenging custody.
I am facing a challenging situation where my child's mother is alienating me from my 5-year-old daughter. For the last 18 months, my daughter lived with me, and her mother was absent physically, financially, and mentally. About a month ago, my daughter was picked up early from preschool... View More
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James L. Arrasmith
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answered on Jul 3, 2025
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answered on Jul 3, 2025
You’re in a heartbreaking position, and the law does provide avenues, even in the face of denied emergency relief. Since your emergency request was rejected, the next step is to file a Request for Order (RFO) with a “move-up” or “ex parte” hearing date, specifically citing parental... View More
Q: Who receives owed child support if the recipient is deceased?
I'm an adult, and my dad owed my mom tens of thousands in child support when she passed away without leaving an estate or a will. They divorced 31 years ago, and my dad never paid anything except what was garnished from his checks by the state because we were on welfare. Who does the owed... View More
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James L. Arrasmith
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answered on Jul 3, 2025
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answered on Jul 3, 2025
If your mother passed away and your father still owes child support, that debt does not disappear with her death. The arrears become part of her estate—even if no formal estate was opened—because those unpaid amounts were legally owed to her. Since there is no will or estate proceeding, someone... View More
Q: Can I obtain joint custody of my child living in CA while I'm in VA?
I currently live in Virginia, and I'm interested in obtaining joint custody of my 6-year-old son, who lives in California with his mother. We currently have a verbal agreement where I see him during holidays and summer, while she has him during the school year. I also pay $800 monthly for his... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You would need to file a custody petition in California, since that state has “home state” jurisdiction over your son under the Uniform Child Custody Jurisdiction and Enforcement Act.
California courts will evaluate your request for joint legal and physical custody based on the... View More
Q: Why did court keep my son in foster care despite no abuse findings?
I filed for child support, and in retaliation, my son's mother accused me of domestic violence, claiming I abused her—not our son—which led to CPS involvement. Despite no findings of abuse or neglect and after completing necessary home improvements, the court decided on July 1st to keep my... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You’ve shown that no formal finding of abuse or neglect occurred, but the court’s priority is your son’s immediate safety and stability once CPS brings a dependency petition. At the initial status hearing, the judge may find that unresolved risk factors or the mother’s instability justify... View More
1 Answer
| Asked
in
Child Custody, Child Support, Landlord - Tenant, Family Law and Real Estate Law
for
Pennsylvania
on
Q: Should I send clothes with my children to their mother without financial support?
I have primary custody and shared legal custody of our five children. Despite a verbal agreement, my ex-partner hasn't contributed financially for over a year. I'm concerned about sending clothes with the children when they visit her because in the past, the clothes I received for them... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You remain responsible for ensuring your children leave with the basic clothing they need for each overnight visit, even if their mother has been inconsistent with support.
Before each transfer, pack only the essential items—enough outfits for the duration of her month-long care—so the... View More
Q: How to respond to a divorce summons with evidence of adultery and child support considerations?
I received a summons for divorce from my spouse who is in Washington State while I reside in South Carolina. There is evidence of adultery on his part, including Facebook posts and text messages from 2021. He moved me and our children to South Carolina on the promise of joining us later that year.... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You must file your Response or Notice of Appearance in the Washington court that issued the summons within the time allowed (usually 20 days from the date you picked it up), so start by downloading the local Superior Court’s domestic forms and completing the “Response to Petition” to assert... View More
1 Answer
| Asked
in
Child Custody, Child Support, Family Law and Civil Litigation
for
North Carolina
on
Q: Can a mother pursue child support from a biological father if legal paternity hasn't been set aside?
A woman altered a DNA test result during her pregnancy to convince a man he was the father, leading him to sign an Affidavit of Parentage and form a strong bond with the child over four years. After their breakup, she ordered a court DNA test, revealing he wasn't the biological father, and... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
This situation raises serious legal and emotional complications. If the Affidavit of Parentage has not been legally set aside or rescinded, the man who signed it is still presumed to be the legal father under the law—even if a later DNA test shows he is not biologically related. Until a court... View More
Q: Can I petition court without lawyer to modify custody
My 12 year old doesn’t feel safe at dads and expressed not wanting to go back over there. We have 50/50 he’s been abusive mentally and verbally
Drinks and drives current alcohol addiction
Has been physical
Can I petition the court to do an in person camera interview... View More
Rebecca Lynn Smith
answered on Jun 30, 2025
answered on Jun 30, 2025
Yes, you can. In Georgia, when a child is 11-13, a judge will speak with them and take their opinion into consideration as to what's in their best interest. At 14, they can elect who to live with and a judge will grant it as long as they feel its in the child's best interest.
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