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Child Support Questions & Answers
1 Answer | Asked in Child Support and Gov & Administrative Law for North Carolina on
Q: Should I file a motion to dismiss child support arrears leading to jail threat in NC?

I am an environmental officer in Columbia, SC, and have been on child support for my son, who is now 19. During the time when I missed payments, I underwent three knee surgeries and applied for disability, which affected my ability to pay. My doctor sent medical documentation to the DSS, yet the... View More

Ethan A. Trice
Ethan A. Trice
answered on Mar 11, 2025

Unfortunately, you cannot generally modify an arrears amount. If the party that is owed it still wants it, you can't modify. Each county is different, but I'm surprised they're actively threatening jail if you are making payments. If there is a threat of contempt of court, then you... View More

1 Answer | Asked in Constitutional Law, Child Support and Traffic Tickets for Tennessee on
Q: Is driver's license suspension for unpaid child support legal in Tennessee?

I am facing a situation in Tennessee where my driver's license has been suspended due to unpaid child support. Despite my financial hardship and lack of legal representation, the child support organization refuses to reinstate my driving privileges. I believe this action infringes on my rights... View More

Anthony M. Avery
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answered on Mar 10, 2025

TNDL suspension is a statutory sanction for non payment of CS. Driving is not a right but a privilege. If you have a job and owe alot of CS, you might talk to a CH 13 Bankruptcy attorney. I have seen this cure the problem in 5 years while the the DL is conditionally reinstated.

2 Answers | Asked in Child Custody, Child Support and Arbitration / Mediation Law for California on
Q: Is mediation mandatory for my child support and custody case with no current court dates?

I am involved in a child support and custody case. The other party has not followed prior court orders and has failed to serve me. There are currently no court dates scheduled, and I would like to know if mediation is mandatory in this situation, or if I can move directly to seeking legal... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 10, 2025

mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.

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1 Answer | Asked in Child Support and Tax Law for North Carolina on
Q: Why is my tax refund on hold for child support?

I have been receiving deductions from my paycheck every two weeks since October to pay for back due child support. Despite this, the Child Support Enforcement sent me a letter requesting the first two pages of my tax return and my ID so my tax refund can be released. There weren't any issues... View More

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Mar 10, 2025

Both federal and state law include mechanisms for enforcing child support by tax intercept for collection of past due child support. The North Carolina Supreme Court has determined that if an obligor is currently paying the monthly amount required by the child support order and is current with a... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Louisiana on
Q: Can my ex-wife request child support after initially declining it?

I divorced my ex-wife in September 2024. During the child support hearing in August 2024, she told the court she didn't want child support, and later declined my offer, saying it wasn’t enough. She informed me she filed for child support in January 2025, even though I haven't received... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 10, 2025

Yes, she can but she can only receive child support from the date of (new) filing. Also, the reason(s) she declined child support before may be relevant to the child support amount moving forward----my recommendation is that you at least have a sit down consult with a lawyer in your area to... View More

1 Answer | Asked in Child Support and Workers' Compensation for Indiana on
Q: Why contempt court for unreported child support instead of garnishing benefits?

I reported the non-custodial parent is receiving workers' compensation benefits from the U.S. Department of Labor, which he hasn't reported. This was reported three months ago. The last two hearings resulted in either an increased obligation for the non-custodial parent or keeping the... View More

Charles Candiano
Charles Candiano
answered on Mar 9, 2025

When any Court issues a child support Order, it is ordinarily forwarded to the employer of the party responsible for payment. The funds are then deducted from that person's paycheck. If the employee is injured and eligible for Workers' Compensation benefits, the employer is obligated to... View More

2 Answers | Asked in Appeals / Appellate Law, Child Custody and Child Support for Nebraska on
Q: How to correct inaccuracies in child support for appeal in Nebraska?

I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 8, 2025

The notice of intent to appeal is not magical - it just states that an appeal is on its way. However, it will be important that fees and costs be paid, etc. so the matter is not dismissed. Nebraska has a really good citizens' guide to appellate courts here:... View More

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2 Answers | Asked in Appeals / Appellate Law, Child Custody and Child Support for Nebraska on
Q: How to correct inaccuracies in child support for appeal in Nebraska?

I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More

Julie Fowler
Julie Fowler
answered on Mar 8, 2025

Especially if your case when to trial, there are other methods to challenge the order besides the appeal. One of the most common is a motion for new trial. A motion for new trial goes back to the same judge that made the ruling but also gives that judge a chance to take a look at the order again... View More

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for Florida on
Q: Options for dismissing ex's custody petition due to non-compliance and lack of contact with son.

I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Florida on
Q: Can child support be modified in FL/TX before resolution in IN?

I'm currently involved in a child support situation where the original order was issued in Indiana. The custodial parent, now residing in Florida, and the non-custodial parent, in Texas, have both moved out of Indiana. Despite this, child support is still being enforced in Indiana, and there... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

The truth is that neither one of you should be in Indiana court anymore. The court with jurisdiction over the child is wherever the child has lived for the past six months. If you are in Florida you may want to file your action in Florida. You will need to notify the FL court that there is also a... View More

2 Answers | Asked in Child Support, Civil Litigation and Consumer Law for California on
Q: Can we pursue fraud charges against bio mom for misusing child support?

I have had legal guardianship over a child for the past four years. During this time, the biological mother received $2,000 a month in child support from the father, as per a court order. However, the child has not lived with her, and she falsely claimed she did not receive support from the father.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2025

This is PURE speculation but, as described, this person almost assuredly has no money, so, getting it from her is unlikely. That said, stealing child support 'feels' punishable by prison? Again NOT even close to being sure. Perhaps you should speak to family services???

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: My ex filed a petition for legitimization, custody, and child support after getting me arrested over a tiny scratch. He

Knew It was over between us. But after the incident, he has not reach out to our son or helped in any kind of way. It’s been 4 months now. He’s been completely absent. And his lawyer and him seem to be doing everything they can to prolong the court hearing. Can I ask for this to be dismissed... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

You can ask for anything but that doesn't mean you're going to get it. The case is unlikely to get dismissed and if the father has an attorney you should have one too. His motives for filing for legitimation don't matter. He has a right to legitimize and in that action, he can ask... View More

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: Can I pursue back child support if the mother was never successfully served in Georgia?

In February 2023, I became the custodial parent of my 16-year-old daughter and initiated a child support order against her mother. Although I attempted to serve the mother, she was never successfully served. Can I still pursue back child support, and what steps should I take to address the lack of... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

The state of Georgia does not award retroactive child support. When you do obtain a child support order, it will be from the date the order was signed going forward. It will not address child support prior to the date of the order. But it seems like your focus should be on having the... View More

1 Answer | Asked in Divorce, Child Support and Arbitration / Mediation Law for Georgia on
Q: Can an addendum be filed without a signature in a GA divorce?

I am currently going through a divorce, and my spouse and I initially agreed and signed a child support addendum. However, the amount in the addendum didn't match the worksheet, and now my spouse is refusing to sign the corrected version. We submitted the addendum previously, and we are... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

If all the necessary paperwork is not signed then you simply no longer have an uncontested divorce. Therefore, at some point you will have a trial. Then the court will decide. But if someone refuses to sign a document that is required for an uncontested divorce, you cannot force them to sign.... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can child support be modified due to children’s current living and schooling situations in MA?

I have a 21-year-old daughter who lives full-time in her college dorm despite the divorce decree stating she would live with her mother. My 18-year-old son, who just turned 18, will be living at home while attending trade school with full benefits and pay. The child support order was issued in... View More

Brian Waller
Brian Waller
answered on Mar 3, 2025

The easy answer is yes, you can always ask the court to recalculate child support if there is a difference in the amount of child support in effect compared to what the child support would be based on recalculation.

To go a little deeper though, you should first recalculate child support...
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2 Answers | Asked in Divorce, Child Custody, Child Support and Business Law for Maryland on
Q: How to draft a marital settlement agreement in a divorce with 5 children?

I'm currently in the process of a divorce and need to draft a marital settlement agreement. My spouse and I have five children, and we have discussed all the custody and support arrangements, as well as the division of assets and debts. How should I proceed with drafting the agreement to... View More

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Please hire a lawyer to do this. This is not a do-it-yourself project. You do not know what you do not know, and leaving necessary provisions out, or putting in the wrong provisions or wording, will cost a fortune in future litigation to try and reverse or correct, and potentially without... View More

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2 Answers | Asked in Child Support and Family Law for California on
Q: Why am I still paying child support when kids not on state aid?

My mother had temporary guardianship of my three children and while they were in her care, she filed for state aid, leading to a child support case being opened. My mother has not had guardianship since 2021, and my children are no longer on her state aid case. Despite this, the child support case... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 1, 2025

File a motion with child support services to modify the current orders. Grounds for modification would be the change in circumstances of the children no longer living with your mother, mother no longer on her state aid, and the fact that the children are now living with you. If you do nothing,... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How to file custody enforcement and modification from Florida?

I need assistance with filing for both custody enforcement and custody modification. The current custody order from 2018 includes vague terms with supervised visitation. Despite changes, where the father has unsupervised visits, the mother is now refusing any access. The father has tried to... View More

Raymond Chow
Raymond Chow
answered on Feb 28, 2025

The order shouldn't be vague unless you received only the ruling (1-3 pages on average), not the full final order (20-50 pages on average). Make sure you have the final order. If it's still vague, you may file your own modification suit (visitation) since you moved. It's probably... View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: How to terminate child support for non-graduating adult?

I am still paying child support for my son who will turn 22 in April. He is enrolled in an online high school, but his mother is having him earn the minimum credits to extend the support requirement. The original order ends at 18 or upon graduation, whichever comes later, and hasn't been... View More

Raymond Chow
Raymond Chow
answered on Feb 27, 2025

Under Texas Family Code § 154.002, child support can continue past the age of 18 only if the child is actively working toward a diploma and meeting attendance requirements. Given your son's age and his lack of academic progress, you have grounds to seek termination of the support order.... View More

2 Answers | Asked in Collections and Child Support for Florida on
Q: Can I seek exemption from wage garnishment in FL due to financial hardship?

I have a writ of wage garnishment delivered to my work on the 10th, but I haven't had a good mailing address in over four years to receive any related documents or respond. I earn $22.50 an hour, pay $750 a month in child support, and live in a sober living residence with no assets. The... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 25, 2025

While there is a legal limit on how much they can garnish per pay period, you probably cannot get an exemption. You would need to speak directly with the attorney that is pursuing the wage garnishment to see if you can work something out. Speak with a debt defense lawyer for more specific advice.

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