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Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Colorado on
Q: Ex went missing in Gulf in 2019. No death certificate issued but my child support/alimony was closed by Montrose. Legal?

I have a child that was 17 at the time of her dad went missing. I was receiving child support and alimony. D's body wasn't recovered and no death certificate was issued by FL (state of accident). Montrose County filed for support of evidence that he was deceased but bec it took place in... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

I am sorry to hear about the situation. You could talk to a caseworker who could explain the reason. Often people will have life insurance to insure support or you might be able to make a claim against the estate if probate is a possibility.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: How long does a parent have to submit receipts to the other parent for extraordinary medical expenses? Is there a law?

We are getting receipts that are almost a year old from the other parent, asking for repayment of our portion.

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

The parenting plan often will specify a time. If it does not, you can have it modified to specify a time for submission and reimbursement. There is no law that specifies a time.

1 Answer | Asked in Child Support for Colorado on
Q: If parental rights are terminated , the grandparent becomes guardian , is child support still owed. ?

Colorado . ( and I know this sounds bad and heartless , but I wont go into details ).

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

Usually if there is still a parent whose rights have not been terminated, that parent will have to pay support to the grandparents.

1 Answer | Asked in Child Support for Florida on
Q: What do I bring to a child support hearing requested by the other parent after the department of Revenue proposed order?

The child is 1 year old. The father signed the birth certificate. I receive food stamp & Medicaid for my daughter. He has only bought a small few items since she has been born.

Rand Scott Lieber
Rand Scott Lieber answered on Mar 4, 2021

Generally the main issue at a child support hearing is proof of your income. You may also want to have a list of any direct payments that you received, if any. If you receive the child support then DOR may still represent you. Contact them directly for guidance.

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I had a dissolution in 2017. We agreed to no child support for either of us. Can she take me back to court for support?

We agreed in our dissolution, to no child support. She came to me shortly after that, and demanded I paid her. So I have been paying support, since then, though I was not ordered by any court to do so, so she wouldn’t move my child a long distance from me. Now she has brought up going through the... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 4, 2021

Yes, she can file to have a child support order issued. Even after a marriage terminates, the court retains jurisdiction to review child support issues until the child is 18 or graduates high school. Ohio uses a calculation worksheet. Here is a link where you can enter amounts and get a... Read more »

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1 Answer | Asked in Child Support and Family Law for Kentucky on
Q: Lost job in November 2019.With losing the job lost ins. Can they go by my pay then for child support or is it my curren

Got unemployment and we all got medical card. However she by law had to put them on her insurance as well. She had other kids on it that were not mine already. Am I liable for part of her premium? If so how is it calculated? Now I'm self employed grossing 25,000. Will they go by that gross or... Read more »

Timothy Denison
Timothy Denison answered on Mar 3, 2021

They should base it on what you’re earning now rather that would years go.

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: What qualifies as a conflict of interest for a judge?

My child support modification was recently transferred to a new judge. I have represented myself up until this point but the judge just ruled against child support. Before this judge took over the previous judge had already said child support would be modified and I proved a change of... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 3, 2021

If the judge is not involved in the daily case activities of the former firm, then this would likely not be a conflict of interest situation. The judge has a duty to be impartial and their former employment should not play a part in their ruling. However, if you feel uncomfortable, you may exercise... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Looking to modify an existing child support order that has not been reviewed since 2011.

The father was ordered to carry insurance & pay a set amount biweekly. Since the order was put into place he lost his job due to drug use & eventually completed rehab, now has a new job making a significant amount more than when the original amount was ordered. My husband & I have also... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 3, 2021

Child support is based on each parent's income or ability to earn income if they are not working. If you are able to work as a nurse but choose to stay home the court can impute income to you as if you were working. The imputed income will be used to calculate the child support.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm NCP and my daughter moved in with me on Jan 7th of 2020 but not done through courts.

My daughter (14) moved in with me Jan 7th of 2020 due to her mother not being steady or able to provide basic needs. Her mother packed her stuff and gave her to me (i have video). I filed all requested paperwork that the state asked but now it's in limbo because the CP makes excuses to why... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 3, 2021

Thanks for your question!

Yes, I understand that finances are tight, but it would be in your best interests to reach out to a family law attorney in your area as soon as possible so they attorney can review the prior order with you and learn more about the fact surrounding the case....
Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: My child is 20 , 5 months pregnant and living with a man. I was told by DHS of Mississippi I still have to pay until s

She is 21 years of age regardless how can this be right?

Pete David Louden
Pete David Louden answered on Mar 3, 2021

Is it an Oklahoma child support order or is it a child support order entered in a different state?

1 Answer | Asked in Family Law and Child Support for New York on
Q: My brother lives in PA, his 23 year old son lives in PR. Can my brother go somewhere to stop on going payments?

My brother has health issues and can't travel and they still are taking child support for his son that is now an adult and is not in school. Is there anything he can do from PA to get those payments stopped?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

He can file in court to terminate support based upon age. This can be done in the state where the support order was entered. In most states he can file remotely at this time.

1 Answer | Asked in Child Support for Florida on
Q: Child support order was in PR we all move to Florida 5 years ago

My ex wife,kids and I move more than 5 years ago to Florida, she register the case in Florida and is being enforced by DOR, PR child support is till age 21, Florida 18, she is now requesting a modification of child support and my oldest is almost 19. Do I have to continue paying till the kids are... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 3, 2021

Florida only enforces the original order from PR. If that order says child support until 21 then that is the law of the case. You have to return to court (in FL) to litigate the modification. You should look for a local family lawyer that offers a free consultation to explain or investigate the... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Ohio on
Q: My son is 15. I'm wanting a 50/50 agreement. Do I need to file a motion to modify custody, or just visitation?

We currently have a shared parenting agreement. I have him twice a week after school until 8 and every other weekend. We split all holidays and breaks from school. But the magistrate said she still considers it basically standard visitation, and the mother the primary guardian or custodial parent,... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 2, 2021

Yes, you should file to modify parenting time. It would be best to have an attorney assist you in how best to present your arguments. You will probably want to ask the magistrate or judge to interview him on what time he’d like with you.

1 Answer | Asked in Child Support for Virginia on
Q: I have a court date for child support from California but neither of us live there anymore, what happens next?

My ex filed for child support in the state of California but moved to a different state. I’m suppose to have a court hearing but I no longer reside in California either. I’m unsure of what I should do.

Michael Christopher Miller
Michael Christopher Miller answered on Mar 2, 2021

Move to dismiss the CA matter for lack of jurisdiction under UIFSA.

The other party, as the petitioning party, has to refile where you live as the responding party.

1 Answer | Asked in Child Support for Florida on
Q: Can a person claim and obtain Child Support in two different Estates for the same child?

My sister divorced in Puerto Rico and the Court settled the amount of money my nephew was going to receive.

Years later she moved to Florida, while visiting the ACCESS office someone told her to open another claim for child support. But my ex-brother in law continues to paid child support... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 2, 2021

There should only be one child support case. He needs to notify both courts about the primary (original) case. Ultimately the cases should be consolidated.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My ex has filed a modification stating he has not worked in a year and has other surgeries pending, will he pay less?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 2, 2021

There is no way to answer the question without knowing what the evidence is and what he is alleging. Just based upon his not working in a year and future surgery is not sufficient for a modification.

1 Answer | Asked in Child Support for Texas on
Q: What happens if I show up to child support court making a lot less money than I was originally making?

I have child support court coming up in April. For a modification

Jonathan Tanaka
Jonathan Tanaka answered on Mar 2, 2021

Thanks for your question! I would strongly recommend that you reach out to a family law attorney in your area as soon as possible so the attorney can review the previous final order with you and learn more about the facts surrounding your situation.

The mere fact that you make more or less...
Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: I live in NJ and my kids live in TN. The divorce and parenting plan were made in TN. Is it valid if they move out of TN?

My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?

Richard Diamond
Richard Diamond answered on Mar 2, 2021

Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.

If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no...
Read more »

1 Answer | Asked in Child Support for New York on
Q: I have an on going stipulation for separation for 3 years. We haven’t settled yet . Within that time my ex had a 10%

Increase in pay. Should the child support amount reflect that change? Written in the stipulation currently is his previous salary from last year.

Howard E. Knispel
Howard E. Knispel answered on Mar 2, 2021

Not sure what you mean by "on going stipulation for separation". Has the stipulation been signed? Is there litigation "on going"? If there is a signed separation agreement, you can go into court and ask for a modification. Whether you get it or not will depend on several... Read more »

1 Answer | Asked in Child Support and Family Law for Louisiana on
Q: Louisiana 50/50 custody agreement with child support listed on court documents to end on 18th birthday.

Child will graduate 6 months after 18th birthday. Do I have to pay until graduation? We have a agreed upon end date of the 18th birthday listed on the signed court documents.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 2, 2021

You have to pay until graduation, if still shy of 19th birthday. Parents cannot abridge the rights of the child to receive support under statute.

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