Lawyers, Answer Questions  & Get Points Log In
Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: My daughters mother was charged with 3rd degree felony child neglect. Me the father can I get sole custody?

Have had my daughter for 2 years now and still pay child support.

Regina Irene Edwards
Regina Irene Edwards answered on Jan 22, 2020

Yes, you have a great case for custody. You need to file ASAP.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

1 Answer | Asked in Child Support for Nebraska on
Q: I owe 2 years back support due to not working cause of medical issues. Once I start working again how will payment work

I know I'll have to pay current support but how will the back payments work?

Julie Fowler
Julie Fowler answered on Jan 22, 2020

Technically all back child support is due and owing. There are limits on what can be collected via income withholding on your wages. A typical income withholding is often 150% of the child support. Thus, if your child support obligation is $300, then a typical income withholding may be $450. It... Read more »

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Child support unique situation. I intend to avoid knowing reprecussions.

Non-married, child. 12/15 breakup. Verbal agreement 50/50 sharing. I paid for 80%+ of food, toys, clothing, etc. Everything good. They popped another child out 10/16 and another one 10/17 with partner. Bad financial management led to them getting evicted, 03/18. Provided ex and children a roof over... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 22, 2020

If you are sued by your ex for child support and are properly served, and then you fail to respond, be it in Tenn. or Fla., you'll likely end up with some kind of default order against you. Which can lead to further issues. Best not to ignore lawsuits if one is filed--things usually just get worse.... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can my child's mother have what I owe in back child support erased? Our son is 21 and lives on his own.

I owe my child's mother back child support. I was paying her for years through Western Union and she wasn't reporting it. I was able to get that taken off what I owe because I was able to produce proof of the payments. Fast forward a few years, and she said she is willing to have the balance... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

In many States the custodial person can sign an affidavit stating they have received the money and there isn't anymore due; however, it will depend on whether there is any money due the State for medicaid recovery, etc. You can check the State's child support website for more information.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Is a notarized parent plan considered legal in colorado?

I have started the child support process without a court ordered child custody agreement? If we get a notarized parenting plan will that be enough to prevent any negative repercussion if/ when the father is served with documentation for the cs? Will he be able to just take baby from me if i have a... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 22, 2020

Your parenting plan is not effective until the court approves it and makes it a court order. You should get a lawyer to help you with this.

1 Answer | Asked in Child Support for Texas on
Q: Who does one contact? Child support is not being received after paid by non-custodial parent.

I am the custodial parent. My children's father gets disability. Child support is taken from his check. Well I stopped receiving it back in November. I've contacted the OAG who stated they have not received anything from him. I confronted him, at which he showed me the garnishment online for... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

If he's receiving disability then he should find out if disability is turning it over to the OAG office or holding it. It's his responsibility to make sure you get it.

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: What are the guidelines, if any, regarding what child support funds are to be used for?

Divorce was final Nov 2017... I get approx. $50/week for 3 kids... his income is roughly 33% more than mine... for 2 + years, we have had no issues, we split expenses 50/50... now, he is refusing to pay his half of school lunches, haircuts, etc... says I have been double dipping him for Child... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

You will likely need to address this with the FOC or petition the court for an order to show cause.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: FOC won't help me get child support owed. Nothing has worked. What can I do?

My ex owes me over 6,000 dollars in child support. I barely make any money and have full custody of my son. He didn't show up to two show-cause hearings. They increased support and he hasn't paid me at all. One time they brought him in and he gave a sob story about how he doesn't have a job so they... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

This won't be the answer you probably want to hear but it is the reality. What you've seen is what will continue until the amount owed becomes such as to justify a felony charge for non-support. And even then, he may just sit in jail.

There is very little you can do on the enforcement end...
Read more »

1 Answer | Asked in Child Support for Georgia on
Q: I never received the certified letter from Dcss someone from an old address signed for it I never knew about...

Now I have a letter saying I owe an will loose my license...I never saw a judge or took DNA what should I do?

Regina Irene Edwards
Regina Irene Edwards answered on Jan 22, 2020

You should consult with a family law attorney who can review your case file and give you advice about your specific situation.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

1 Answer | Asked in Child Support for Connecticut on
Q: If child support order should have stopped when child graduated high and I over payed for 18 months?

Can they count it toward arrearage

Linda Ann Subbloie
Linda Ann Subbloie answered on Jan 21, 2020

That's an interesting question. You should file a motion asap and request that the funds be applied towards the arrearage. I don't know what a judge would do, but I suspect you have a good chance on winning this.

2 Answers | Asked in Child Custody and Child Support for North Carolina on
Q: I want to contest the validity or enforcement of a "notice of regristration" what written request should I fill out?

I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.

It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... Read more »

Melissa Averett
Melissa Averett answered on Jan 21, 2020

There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Contempt of court( child support $

I have a court order issued in Atlanta ga. Ncp moved years ago to Florida. Is not paying child support. He is in arrears $50,000. I would like to file contempt. Do I file in Atlanta were I live and order was made? Or do I file in Florida, were he lives? How would I get the best results? I

Ellaretha Coleman
Ellaretha Coleman answered on Jan 21, 2020

You can file here in Atlanta since that is where the order originated.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Do i have to have a court ordered custody plan to file for child support?

I have an almost 1 yr old. The father and i have a visitation schedule all figured out between us, but nothing through the courts. I have baby from friday evening through wednesday, and he has baby wednesday night through friday evening.

John Hyland Barrett III
John Hyland Barrett III answered on Jan 21, 2020

YOU CAN STILL FILE FOR CHILD SUPPORT. HOWEVER, THE COURT MAY ALSO WANT TO APPROVE YOUR PARENTING PLAN AS PART OF THAT PROCESS. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: My daughter's stepmother, took her to Urgent Care without my permission, stated she was her biological mother can I sue?

She was fine when I dropped her off. Also she was not complaining of any medical issues to her dad or myself. Her dad was a work when the wife took her. The father is not legitimized. What legal action can I take?

Regina Irene Edwards
Regina Irene Edwards answered on Jan 21, 2020

The real question is how what your child harmed by this? If the stepmother felt she had a medical issue and the urgent care either treated it or decided there was no issue, there doesn't seem to be any harm done to your child.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Support for Louisiana on
Q: Can I get Child support if father is in prison for sexually abusing the child
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2020

From whom are you going to get child support? He has no income and his child support is suspended while he is incarcerated. So unless he gets an inheritance or wins the lottery while in prison, you won't be eligible for child support until he gets out

1 Answer | Asked in Child Support for Louisiana on
Q: do we have to pay child support if both parents agree that child support is not needed

we are not together and are able to coparent very well together still. we have both decided that whatever the children need we will get together and split everything. will the state still make one of us pay child support if we both agree that that is not needed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2020

Your attorney or mediator, if you agree on everything, needs to draft a Consent Judgment regarding custody and child support. However, child support can always change under one of the following circumstances:

1) one parent accepts state or federal aid, like medicaid,

2) the child...
Read more »

1 Answer | Asked in Child Support for Kentucky on
Q: If I owe back child support will the state of my take both my fed. And state tax return?
Timothy Denison
Timothy Denison answered on Jan 20, 2020

They can, yes.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If our child drops out of college and decides to enroll again prior to age 23 can I be held financially responsible?

Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.

I'm curious if our child attends college after graduation and then... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.

1 Answer | Asked in Family Law and Child Support for California on
Q: Can child support make me pay if I'm receiving public assistance?
Mike Darlington
Mike Darlington answered on Jan 19, 2020

If you are on pubic assistance than I would assume you have the children, which means the child support order should be in your favor.

If you do not have the children and are being asked to pay child support for kids other than the ones on public assistance, than you can be required to pay...
Read more »

1 Answer | Asked in Child Support for Kentucky on
Q: So they cant hold the 7700 dollars against me if ive already served on it? Is that what your saying?
Timothy Denison
Timothy Denison answered on Jan 19, 2020

Correct. But if there’s another time period that you owe for but haven’t been charged and haven served on, then that’s fair game for a new charge.

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.