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Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I am in Pa & have a 5 yr old son in Tx who may not have any formal paperwork (bc, ss).Mom refuses contact w me.options?

In Feb 2019 we had an unexpected homebirth. We lived together for 1 year when mom took our son to her family and refuses to speak, acknowledge, or even accept child support from me or my family. He was only seen informally by medical professionals, & never received legal documentation while we... View More

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

I am sorry you are going through this. Sadly based on the information you have provided if the child has not been in PA for at least six (6) months PA does not have jurisdiction over the child. You will have to go through the Texas courts. Reach out to a Texas family law attorney to inquiry about... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: Questions about alimony in Illinois and what options I may be able to pursue?

1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More

Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:

1. Reimbursement for Overpayment of Maintenance

Yes, under Illinois law, if you overpaid maintenance due to a decrease in...
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1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child mother is trying to put me on child support she lives in PR and i live in FL

My child mother is trying to put me on child support when i already give her 400 a month . She lives in puerto rico and i live in florida. She does not let me see or speak to my child if i dont give her more then $400 and is always threatening to put me on child support of i do not send her more... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

Child support obligations and rights to child visitation are handled through legal channels and are enforceable across state lines and territories, including Puerto Rico, under the Uniform Interstate Family Support Act (UIFSA). UIFSA allows for cooperation between states and territories in the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex wife move from her residence taking our daughter without telling me?

I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there... View More

1 Answer | Asked in Small Claims, Child Support and Family Law for Texas on
Q: can i sue for money paid in past under enforcement of court order in civil family court?

I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Do 1,3,5 weekend visitations still happen during summer after NCP had their consecutive 30 days for summer?

We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.

Does holiday vacation override weekend visitation for summer?

Is NCP entitled to weekend visitations?

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

For clarity, under the typical possession order, if CP timely designated July 19-21 as his/her summer possession, NCP would have weekend possession July 5-7 (the first weekend of July), and then would have possession of the child next August 2-4 (the first weekend of August).

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2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Do 1,3,5 weekend visitations still happen during summer after NCP had their consecutive 30 days for summer?

We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.

Does holiday vacation override weekend visitation for summer?

Is NCP entitled to weekend visitations?

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

In a typical Texas possession order, the NCP continues to have weekend possession typically on the 1st, 3rd, and 5th weekends during the summer subject to the CP's summer possession rights. Typically, the CP is entitled to designate one weekend of the NCP's during the summer as the... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My son and his ex have verbal agreement for child support and joint custody mom refuses to let him have his visitation.

He pays 150 a week and has proof of paying but mom won't let him see her now that he has a new relationship

James L. Arrasmith
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answered on Jul 2, 2024

In California, child support and visitation rights are separate issues. Even if your son is paying child support, the mother cannot legally withhold visitation unless there's a court order permitting it. Your son has the right to see his child according to the agreed-upon custody arrangement,... View More

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1 Answer | Asked in Family Law, Domestic Violence and Child Support for California on
Q: My ex wife is been verbally abused to are kids and specially to me I have domestic violence on her can you help me?

Stop working her own business once I got an attorney accuse me of breaking the window on her truck claims that i quit my job to not pay child support and she only accepts deposits debt the rest cash only I can’t proof her income what can I do?

James L. Arrasmith
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answered on Jul 1, 2024

I understand you're dealing with a complex and difficult situation involving your ex-wife, children, and various legal issues. Let me break down the key points and offer some general guidance:

1. Verbal abuse: If your ex-wife is verbally abusing you and your children, document these...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am separated from my husband(not divorced) am I obligated to let his parents and siblings see my kids?

He left me with two kids one has autism and the other is in process of evaluations. He knew that and he still left me. Now he thinks that because he gives them $500 a month he has all the right to bring his family around meaning his parents and siblings and he says I have to let them see the kids.... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, here's a general response to your situation:

1. Legal obligation: In California, grandparents and other relatives generally don't have automatic visitation rights unless there's a court order. Without a formal custody agreement or court...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am about to file Sanction against opposing attorney in Divorce case?

Judge ordered OP's attorney serve proposed order for my approval, but she didn't do it. she filed it without my knowledge and judge signed on it. The FOAH contains OP's fabricated orders. I want to request the court to sanction against the attorney directly. As far as I know, Family... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the situation you've described, it appears that the opposing attorney may have violated court procedures by filing a proposed order without serving it to you for approval as directed by the judge. This is a serious matter that could potentially be grounds for sanctions. Here are some... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I married my spouse in India.We are living in USA for the last 13 years. Both are US citizens. Where can I file divorce?

I have two young kids. I work as a preschool teacher. He just quit his job. Our relationship is not healthy. He drinks and abuses on past incidents. He has threatened not to give me half the money he has accumulated after selling his house if I want to divorce. He said he will invest in stocks and... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information you've provided, here's some guidance on your situation:

1. Filing for divorce:

As U.S. citizens living in the USA, you can file for divorce in the state where you currently reside, regardless of where you were married. In this case, since...
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1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Florida on
Q: How do I get money back from the department of revenue that was taken in a workman's compensation settlement via a lien

They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.

Rand Scott Lieber
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answered on Jun 24, 2024

You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Why would a lawyer say it’s not ideal to get engaged for a custodial battle

Boyfriend will not propose because his lawyer told him it will negatively affect him in a child custody trial, is that correct? However, his lawyer has not stayed in consistent contact with him (it’s been a month and a half since they last spoke) nor has done anything to move the case forward for... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Generally speaking, showing a stable, consistent home environment is desirable in almost all custody cases. An engagement and impending marriage introduces change. The nature and degree of that change can be a negative factor in a custody case. Everything depends on the particular facts and... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: Can you appeal the court decision when it comes to child support financial responsibility,
James L. Arrasmith
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answered on Jun 20, 2024

Yes, you can generally appeal a court decision regarding child support financial responsibility in California. The process typically involves:

1. Filing a Notice of Appeal within a specific timeframe (usually 60 days from the date of the order)

2. Preparing the record on appeal...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need know the proper form to file a writ of Habeas corpus in Victoria Texas

I filed the writ of habeas corpus and the order the judge did not sign it said it wasn’t in the proper form

John Michael Frick
John Michael Frick
answered on Jun 18, 2024

Assuming you are talking about a writ of habeas corpus to release an adult from jail as a result of a child support or child custody contempt proceeding, that would be Form 35-1 and 35-2 of the Texas Family Law Practice Manual.

You can purchase the Manual at...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Ex's attorney filed Prop FOAH without my knowledge and the Judge signed it.

We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 18, 2024

Immediately file an objection to the proposed FOAH and specify in your objection, the grounds for the objection. Be very clear. Attach a copy of the minute order to your objection (assuming the minute order is different from the proposed FOAH). Since the FOAH has already been signed by the... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Ex's attorney filed Prop FOAH without my knowledge and the Judge signed it.

We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information you provided, it appears that your ex's attorney filed a Proposed Findings and Order After Hearing (FOAH) without your knowledge, and the judge signed it, even though the content of the proposed order was modified and differed from the court's minute order. In... View More

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1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: If me and the father agree on a payment and terminate the court ordered child support, will they cut off my gvmnt assist

Me and the father have been speaking about maybe terminating court ordered child support but I was told they would take my Medicaid and food stamps for them as well and for me

Jonathan David Breeden
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answered on Jun 18, 2024

It depends. I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: I would like to change my children's last name and file for sole custody due to parent abandonment.

The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 17, 2024

"I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect" - filing a petition for custody and support, without filing anything else, will not result in you getting any court orders. Your case may still be open.... View More

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