Charles Holster Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More

If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.

Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More

You have described several reasons that you may be entitled to a child support modification, which are not related to his one time bonus.

Under Arizona law, seasonal or fluctuating income within a year are annualized to determine the average monthly Child Support Income. If this is truly... View More

1. Fill out the required Income Withholding for Support Order (IWO) form.

2. Print the IWO form.

3. If possible, hire an attorney to review your completed IWO form.

4. Take the completed IWO form to the Judge who signed, or will sign, your order for child support, cash... View More

You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More

You need to file something with the Court asking the Court to set periods of visitation so that your vistiation rights become an order of the Court. If yoou are unable to hire an attorney, then contact the local bar association and see if they have a pro bono program, or if they can provide you... View More

Typically the courts in the State of Tennessee will sign off on a property division agreement. It should be in a Marital Dissolution Agreement that is signed by each party before a notary. A child support agreement will be more heavily scrutinized. You need to download a Tennessee child support... View More

The court will rely on his tax returns unless you can prove the returns are not credible. This can be accomplished by subpoenaing his bank records and hiring a forensic accountant to analyze the ins and outs of funds and sources of funds.

Default occurs when the Respondent does not file a response to the petition for parentage (aka paternity; aka Petition to Establish Parental Relationship). The responding party is not necessarily in default because they do not file a response to other types of filings such as a Request for Order.... View More

Child support is calculated using the parties' INCOME. If the investment property you are talking about is an income producing property and that income is impacted by the expenses of maintaining that property, that will be reflected in your tax return used as evidence of your income.... View More

If your agreement says that he can claim one child then you should just sign the form. You will lose this issue in court. You will create even more trouble if you claim both children on your taxes. If you want to change things based on new circumstances then you must return to court on a... View More

You can’t sue the AG for the impact on your life and career. But you can file a motion to clarify and enforce in the court that issued the child support order to clarify that you owe no arrearage and are, in fact, paid ahead.

You would use language confirming that both of you have made full disclosure of all income and asset and that you have consulted the Kentucky Child Support Guidelines. You would also say that based on the agreement of the parties, neither party shall pay child support at this time and that the... View More

A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.

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

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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.

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

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

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