Get free answers to your Child Support legal questions from lawyers in your area.
Ex wife calls and asks for the gross income and just changes the amount.
Ex is having another baby, by her current boy friend, does this change my amount of support I pay for my kids?
answered on Aug 22, 2017
You pay the amount that the court orders, not the amount that your ex-wife thinks she should be getting. If you get a court order informing you that you now pay a different amount, pay that amount.
answered on Jul 31, 2017
Based on what you are asking has paternity been established by court order or by a paternity affidavit from the hospital? Furthermore, visitation is not tied to child support. This means that you can't be kept from seeing your child if you are in the arrears, but yes back child support can be... View More
I am married and am currently a stay at home mom. My husband (not my child's father) makes enough money for me to stay home. Do I need to be working in order to get child support from my daughters father?
answered on Jul 25, 2017
No, you do not need to be working in order to receive child support. The support is for your child, not you.
I live in indiana
answered on Jul 17, 2017
No, you cannot unilaterally change your child custody arrangement or visitation schedule. If the father is not paying your option is to go to court and have the court enforce the child support payments. You can also ask the court to change child custody agreement.
He owed back child support to his other kids
answered on May 12, 2017
The answer should be no. The benefits your children are receiving are for themselves. They're not some sort of inheritance from your husband's estate that the state can lay claim to.
I want to confirm that it will not be considered a gift. I just want to make sure that my obligation is taken care of until I am able to find employment.
answered on Apr 16, 2017
Rather than do that, why not set aside the money in a checking or savings account, then make sure you do not use it for anything else?
If have a 401 K and my husband has a pension. Are these split equally when we divorce? Pension is more than the 401 K.
The house is paid off, if I stay in the house with all of the furniture and appliances can he trade these assets out for his tools and gun collection?
Can the house... View More
answered on Apr 16, 2017
If you have all of these assets, you both need lawyers. A 50/50 split is not required. The marital assets will be pooled and the court will have to decide on an equitable distribution if the parties can't come up with an agreement.
Bio father has not seen them in 6 months nor has paid child support in 6 + mo. He has an active warrant. His where about is unknown.
answered on Apr 4, 2017
Yes, you can represent yourself. I would not advise it as having an experienced family law attorney guide you through the process can make it go more smoothly and generally move along faster. However, that is your prerogative.
If you have remarried and your new husband wishes to adopt your... View More
answered on Apr 3, 2017
Yes. If a court orders a person to pay child support and that person does not pay, they are in contempt of court. A person in contempt of court can have a warrant issued for their arrest. Willfully disobeying a court order can have serious repercussions, such as fines and jail time.
I have a third child and his father hasn't worked in over 2 years so doesn't pay support. I can't properly support him. I also barely have a relationship with my older 2 and feel like they would be better off not feeling the struggle anymore. How should I approach this? I lost my... View More
answered on Apr 16, 2017
You can contact your ex's attorney if you are now pro se, and tell him or her that you are giving up the custody battle. I am sure that the other attorney will be happy to draft the necessary paperwork. Be very aware that the other attorney is not representing you.
I have divorced the mother of my daughter and am paying support to her. I have remarried. We have no mortgage and I support my share of living expenses. Can my new wife's income be considered if my ex tries to have the support recalculated?
One more question: If I lose my job, can my... View More
answered on Mar 27, 2017
Yes, it can. The remarriage itself will not affect the amount of child support you pay, however, the court can use your wife's income to impute that you have more available income for child support, since your wife's income will theoretically be used to pay for some of your living... View More
answered on Mar 18, 2017
Yes, the father still has to pay child support. These are two separate and distinct issues. However, if your child custody agreement says that your 15 year old needs to visit with the father and the child is refusing to, you need to go back to court and modify your child custody agreement or you... View More
I'm the custodial parent. He was ordered to pay child support but doesn't and the court doesn't enforce it. He also doesn't get child on weekends or holidays even though there is joint custody. Do I have to allow him to file? Will the IRS enforce?
answered on Mar 13, 2017
I'm not entirely sure what you are asking. Allow him to file his taxes? The most common issue that divorced parents encounter with children and taxes is which parent gets to claim the child and earn the credit on their tax return. I believe that is what you are asking. Take a look at your... View More
My son is in college, but has never requested scholastic financial assistance. Will the state child support system recognize his birthday, or must I petition for the order to end?
answered on Mar 2, 2017
As a first step you should review the original order to determine when your support obligations come to an end. Usually your child support obligations end at 19 except in certain circumstances such as if the child is disabled. However, the child may petition for additional assistance for college or... View More
answered on Mar 3, 2017
If your ex is forcing himself or herself into your house you need to call 911 and have the police come immediately. What your ex is doing is a crime.
If this is a part of a larger history of harassment you should consider looking into obtaining a protective order (usually referred to as a... View More
the mother barely sees her child maybe once every couple of months doesn't buy anything for the child shoes clothes school supplies or anything for the past 3 years how do you get legal custody and child support? She barely calls to talk to the child and makes her feel like she's not... View More
answered on Feb 15, 2017
Your question implies that an Order exists that awarded custody to the Mother. You would file a Petition to Modify Custody with all the allegations you placed in your question. You should consider filing a Petition for Injunction to maintain the current situation, asking the Court to allow the... View More
I don't want my child's father to not give her back after a visit if I cancel the child support
answered on Jan 24, 2017
Based on what you are saying who is paying the support? A court order for visitation can't be cancelled without a court ordering it. If he does not give her back after visitation then you need to contact law enforcement.
In our divorce it was established I pay the initial $ 300 and we split the remain balance. He is ignorni g the statements and request on how to handle payment. I was told I need an attorney to reopen the divorce decree to handle the matter in court? Is this true or can I file something myself to... View More
answered on Jan 19, 2017
Based on what you are saying an attorney would be able to assist you better in the process. You can always file a Pro Se Motion with the court and try and do it yourself. With that said though if the paperwork does not conform to the rules of court the court can send it back to you and it will not... View More
Ex no longer pays child support but does carry insurance on her. I was required to pay the first $1600 of uninsured medical bills per calendar year when we divorced which I have done for 12 years. I am assuming she is now considered an adult but the new paperwork from lawyer said nothing about this... View More
answered on Dec 24, 2016
Never accept legal advice from an ex-spouse. Contact your lawyer for an opinion, and follow his advice.
Ex and I broke up 16 weeks ago. He was both using and selling drugs behind my back. We ended up fighting a lot because of his mood swings and he left. Found out after break what he was doing. He isn't in my child's birth certificate and I have not filed for child support because I am... View More
answered on Oct 27, 2016
You can legally videotape anything that takes place in public from any place you have a right to be. You are merely memorializing something you were able to see.
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.