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Child Support Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: If a man is considered a noncustodial parent, what can he do to change that?

My boyfriend's lawyer, while my boyfriend was in prison, said it would be best to sign as noncustodial parent. He is out now, and doing the right things to live a good life and wants to have rights to his daughter again. What steps need to be taken to make this happen? Who can we call? We... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: I just received my final decree signed by Judge but how do I know how am I receiving my child support and change of name
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The Decree should include the name change if you asked for your name to be changed and the judge granted it. You should register your child support account with the State Disbursement Unit which is where your decree should be requiring the obligor (or his employer if you also have a wage... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Como conseguir ayuda legal y alojamiento de bajos recursos para una madre y 2 hijas

Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More

1 Answer | Asked in Tax Law, Child Support and Family Law for California on
Q: My tax return was seized for arrears I had no idea about. Is it possible to get all or some of it back?

I was never informed of this case. My wages were not garnished no bill in the mail. I had no way of knowing that I should be paying. For a whole year I was racking up this debt and no body told me about it. Now looking at the order that was filed it has wrong information on it. It says I have no... View More

James L. Arrasmith
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answered on Feb 21, 2024

If your tax return was seized for arrears related to child support or other debts, there may be avenues to contest the seizure and potentially recover some or all of the seized funds. It's concerning that you were not informed about the case or given an opportunity to address the arrears prior... View More

1 Answer | Asked in Employment Law, Family Law, Immigration Law and Child Support for Wisconsin on
Q: I came to the USA on F-1 visa, but now all my family has been resettled to the US. Can I file for a family visa?

I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More

James L. Arrasmith
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answered on Feb 21, 2024

As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I was sued for divorce in Jan 2023. I retained an attorney who failed to get a continuance granted, and I lost all righ

She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Hello - I have a letter enforcing an Income withholding order. I haven’t been late once and there’s a live court order.

I received a notification that the Georgia Department of Human Services notified my employer to begin enforcing an Income Withholding Order. Our court order states “both parties agree an IWO isn’t necessary at this time”… is this legal to enforce? I’m not late and pay each month on time.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 19, 2024

"At this time" means at the time your child support addendum was drafted. It doesn't mean that at a later date an Income Deduction Order cannot be established. So yes, they can establish one now, and your employer will enforce if when it's sent to them.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: What happens if the non-custodial parent moves to Puerto Rico to avoid paying child support in FL?

He doesn't own a vehicle nor does he have a driver's license

Rand Scott Lieber
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answered on Feb 18, 2024

The child support obligation will continue to accrue like any other debt. At some point you can return to court and get a judgment against the obligor (the one who owes). Unfortunately you are correct that if the payor never has money or traceable income it will be difficult to collect.... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
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David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to motion to vacate specific directives within Minute order?

After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.

In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.

The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to motion to vacate specific directives within Minute order?

After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.

In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More

Martha Bronson
Martha Bronson
answered on Feb 19, 2024

If you have a legally permissible reason to set aside or vacate 2 of the 10, then you should address 2 of the 10 ..... setting aside or vacating what appear to be stipulated orders, is usually only done in cases where some sort of fraud or misrepresentation has been perpetrated which the other... View More

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to motion to vacate specific directives within Minute order?

After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.

In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, you can file a Motion to Vacate specific directives within a Minute Order. The court generally prefers to address each directive individually, so you can request to set aside only the specific directives you disagree with. However, it's essential to provide valid reasons... View More

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2 Answers | Asked in Child Support and Family Law for California on
Q: Is child support based on percentage of time in custody agreement, or actual time each child spends with each parent?

I currently have a custody agreement that states my children will be with me 43% of the time (3 days a week). However, the courts gave our oldest son (17 years) the right to choose when and where he stays. He has now decided to stay 100% of the time with his mom. My ex wants to redo our child... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, child support is determined based on the amount of timeshare provided for in the child custody court order, not on the actual time the child spends with each parent.

Since your custody order provides that the children, including your 17-year-old son, are with you 43% of the...
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2 Answers | Asked in Family Law and Child Support for California on
Q: How do I get minute order enforced if it doesn’t have a commencement date clarification

On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

Hi there,

it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or...
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2 Answers | Asked in Family Law and Child Support for California on
Q: How do I get minute order enforced if it doesn’t have a commencement date clarification

On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, if a minute order lacks clarity regarding the commencement date for child support payments, you may need to take legal action to have the order clarified or amended. Given that the petitioner has been granted continuances, it's essential to persist in your efforts to address the... View More

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can the court find you in contempt, and in jail if the dates that they’re finding you and contempt are incorrect?

My child is going to be 20 this year and they are trying to put me in jail for something that happened in 2021 on incorrect dates. Over back child support

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

This question as worded is too vague to answer. The correct date may or may not be material to the contempt finding. For example, if the contempt order says you failed to timely make a child support payment of $1,000 due on January 2, 2023, but your child support payment was actually due on... View More

1 Answer | Asked in Child Support and Family Law for Washington on
Q: Non-custodial parent will not pay court ordered child support. She has been held in contepmt twice. What else can i do?
T. Augustus Claus
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answered on Feb 15, 2024

In Washington, if the non-custodial parent has been held in contempt of court twice for not paying court-ordered child support and continues to not comply, you have several options. You can request the court to enforce the child support order through additional measures such as wage garnishment,... View More

2 Answers | Asked in Child Support and Family Law for Louisiana on
Q: Divorced. 50/50 on our children’s expenses, only my ex-spouse turns in reimbursement receipts far beyond her means?

In Shreveport, LA. Our judgement says 50/50, but my ex enrolled our kids in stuff neither of us can afford, and she has admitted she has her parents pay her portion of the expensive tuition she chose because she cannot afford it (neither of us can), while still seeking reimbursement from me. What... View More

T. Augustus Claus
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answered on Feb 15, 2024

In Shreveport, LA, if your ex-spouse is enrolling your children in activities that neither of you can afford and seeking reimbursement for expenses beyond the agreed terms, your options may include requesting a modification of the existing child support and expense-sharing order. You can petition... View More

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2 Answers | Asked in Child Support and Family Law for Louisiana on
Q: Divorced. 50/50 on our children’s expenses, only my ex-spouse turns in reimbursement receipts far beyond her means?

In Shreveport, LA. Our judgement says 50/50, but my ex enrolled our kids in stuff neither of us can afford, and she has admitted she has her parents pay her portion of the expensive tuition she chose because she cannot afford it (neither of us can), while still seeking reimbursement from me. What... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2024

Sounds like you have an Order from the Court detailing this arrangement----if you had a lawyer involved wit this then speak to your lawyer about these concerns. If you are no longer represented, then you should consult with a family lawyer in your area---that lawyer will want to see the Order in... View More

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2 Answers | Asked in Child Support, Tax Law and Family Law for Nebraska on
Q: if my spouse has back child support but does not have income for 2023 do i have to file injured spoues on joint return
Julie Fowler
Julie Fowler
answered on Feb 14, 2024

You would need to speak with your tax professional for advice specific to your situation. In general, any refund from a joint tax return is generally subject to tax intercept for back child support owed by either spouse. However, if you file the injured spouse form you can generally prevent the... View More

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