Child Support Questions & Answers by State

Child Support Questions & Answers

Q: Can my new wife's income be considered for child support?

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Mar 27, 2017

Yes, it can. The remarriage itself will not affect the amount of child support you pay, however, the court can use your wife's income to impute that you have more available income for child support, since your wife's income will theoretically be used to pay for some of your living expenses.

The answer is also yes to your second question. However, if you are unemployed and have experienced a substantial change in your circumstances it may be wise to go back to court to request a change...
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Q: Had divorce in TX in 2010. We are both now in ATL-can I still keep my child visitation dates and times per court order?

1 Answer | Asked in Child Support for Georgia on
Answered on Mar 27, 2017

Your court order is valid in Georgia. You can take the extra step to have it registered here in Georgia, but it definitely is valid. Because neither of you lives in Texas, there is no longer jurisdiction there. You could file both the registration and contempt in Georgia if she refuses to comply. You should email her a strongly worded letter saying that the court order is valid, and she needs to comply with the visitation dates or you will have to take legal action.
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Q: My partner and I are not married. We do have a child, if we separate where do I go to establish custodial rights?

1 Answer | Asked in Child Custody and Child Support for Ohio on
Answered on Mar 27, 2017

In Ohio, juvenile court handles matters related to children of unmarried parents. It is prudent to have an attorney assist you in the court process. Use the Find a Lawyer tab to consult a local attorney to review all the facts and advise you.
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Q: Is there any legal action I can take on to prevent sharing of prescription medication

1 Answer | Asked in Child Custody and Child Support for Illinois on
Answered on Mar 26, 2017

Certainly. Call the police. Show them the text messages. Those are strong pxs for a mother to be taking.
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Q: If my baby mother trying to serve me before i had a chance to go put myself on child support can i still go do it

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Mar 26, 2017

It's not clear what you mean by "put [your]self on child support". You can voluntarily make child support payments before ordered to do so, yes, of course.
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Q: Can i get the back child support tbat my sons dad owes even if my son recently passed away..

1 Answer | Asked in Child Support for California on
Answered on Mar 25, 2017

Arrears are owed nonetheless. See: http://www.childsup.ca.gov/custodialparty.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: In a child abandonment case under what grounds can a ga warrant be recalled.

1 Answer | Asked in Child Support and Criminal Law for Georgia on
Answered on Mar 25, 2017

Typically, recalling warrants does not occur. The Prosecutor, in such cases, is suspicious of trying to "undo" any child abandonment charges, because they know that pressure to protect the family "unit" (when the breadwinner may be going to jail) causes people to change their story.

Hire and attorney, or get an appointed lawyer, or public defender to help navigate this.

William C. Head

Atlanta, GA
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Q: At what age can a child in New York choose which parent they would like to live with?

1 Answer | Asked in Child Support and Child Custody for New York on
Answered on Mar 24, 2017

Even young children's opinions may be considered in such cases, but they don't choose: the judge makes the decision. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Can i be put on child support if i was never served any papers ? (No the mother has no welfare help)

1 Answer | Asked in Child Support for New York on
Answered on Mar 24, 2017

Child support requests must be filed in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: My boyfriend received his first contempt hearing appointment to show cause for non-payment of child Support.

1 Answer | Asked in Adoption, Child Support, Criminal Law and Family Law for California on
Answered on Mar 24, 2017

He should hire a lawyer to respond to the complaint and provide evidence of his financial limitations. Has child support been terminated since the adoption? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: In colorado why is there still child support in a 50/50 child custody situation?

1 Answer | Asked in Child Support for Colorado on
Answered on Mar 24, 2017

First, most custody agreements are not usually exactly 50-50% with the parents having the same income. Second, a joint custody agreement is included in the child support calculation. This occurs via offsetting of support costs found in the Support form (at the end). Finally, the support calculation is based on the child's support as if the parents were still married (at least in concept), that is a higher income parent does not get a discount just because the child is with the lower income...
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Q: If I am getting welfare in the state of California can I still get Child Support?

1 Answer | Asked in Child Support and Family Law for California on
Answered on Mar 24, 2017

Yes. Child support is determined based on the income of the parents. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: How can I get my husband to take legally responsibility over our children?

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Answered on Mar 23, 2017

You may not be able to force him to have a portion of custodial time. However, if you take him to child support court, he will probably assert time with the children to lower his child support obligations. You can take him to court by filing the paperwork with the court and serving him. There's a self help center or you can hire a limited scope lawyer to help reduce the fees. $1,000 per month is a significant amount of money, but you might be entitled to more money. However, you may get less...
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Q: If CP is in jail and child is living with NCP, do you still pay child support? If so, how do you pay the person in jail?

1 Answer | Asked in Child Support and Family Law for Georgia on
Answered on Mar 23, 2017

Child support to the mother will to continue to accrue unless and until you file a custody and child support modification. You will need to do that in order to terminate your obligation to her.
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Q: My children's mother is claiming my kids at her house and at her mothers house. It is illegal to do so right?

1 Answer | Asked in Family Law and Child Support for Colorado on
Answered on Mar 23, 2017

I am not sure what you mean by "claiming". For tax purposes? For support calculations for child support? Try resubmitting your question.
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Q: Hello, my ex wife is threatening to take me back to court to enforce college expenses,

1 Answer | Asked in Divorce and Child Support for Illinois on
Answered on Mar 23, 2017

There are many factors to consider when determining each parent's obligation to contribute to college expenses, and these are best discussed, in person, with an attorney who can learn all of the facts of your particular situation. However, to answer just the questions you asked, full discovery is allowed in these cases. If you had remarried, they could look at your new wife's income and financial wherewithal to determine how much you should pay. You have not remarried, so your girlfriend's...
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Q: How long is the certificate for parenting class completion valid in TN?

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Answered on Mar 23, 2017

I'm not sure I understand the question- I am assuming you attended the parenting class as part of the divorce back in 2009 as the parenting plan required it, and upon completion, you filed your certificate with the court clerk to prove your attendance. If all this was done, you are in compliance- you don't have to keep re-taking the class as part of new proceedings. However, it can't hurt to take the class again, you might gain new insights and perspectives that will help settle this new...
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Q: Is there a form I can file so I won't be held responsible for child support for my step daughter

1 Answer | Asked in Family Law and Child Support for New York on
Answered on Mar 22, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: Is there a form I can file so I won't be held responsible for child support for my step daughter

1 Answer | Asked in Family Law and Child Support for New York on
Answered on Mar 22, 2017

I see no reason why you'd have to pay child support for a child that is not biologically or legally (via adoption) yours. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: I want to know can she take me back to court and get child support if she got fired or quit her job? Read more info 1st.

1 Answer | Asked in Child Support for California on
Answered on Mar 22, 2017

Changed financial circumstances are a basis for modification of child support, so that may be possible indeed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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