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Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: How can I get out of my child support arrears? I was not in the courtroom when the judge made a ruling.

I have a child I take care of separate. I have filed for SSDI

Richard Diamond
Richard Diamond answered on May 7, 2021

Whether you were in the room or not, either your ex or the probation department submitted an application for enforcement and provided the court with the details of your noncompliance with your child support obligation. Upon receipt of that application you were obligated to file a written opposition... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Do I need a KY or TN lawyer? I live in TN. Dad lives in KY.

We have joint legal and physical custody. But he has been primary physical parent for the last year. There is a pending legal case (charges filed today) against my daughters dad for child abuse/neglect in KY. CPS has hinted there’s a possibility she could be returned to his care unsupervised if... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

There appears to be no Tennessee jurisdiction. Hire a KY lawyer for a Ky Case.

1 Answer | Asked in Child Support for Massachusetts on
Q: If I receive a child support payment that is above the required weekly amount does that mean I need to wait?

He filed bankruptcy so he won't have to pay arrears ($15k+) for like 7yrs. A condition of that is he is required to make each weekly payment($100 -ordered when child was 3 and he's 12 with not one cost of living increase), without fail. Several weeks back, I received an amount over the... Read more »

Brian Waller
Brian Waller answered on May 7, 2021

You should contact MA DOR - Child Support Enforcement Division to confirm, but your ongoing payments should not be impacted by any overpayments if there is an arrears balance. Any overpayment should be applied to the oldest outstanding payment. It is possible he received a tax return that was... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I'm unwed with a child and would like to know what my legal right are with my child? father not pay chd sup. no vistati

Father not paying child support or rarely see his child. Father residence is in Georgia

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

In South Carolina, when a child is born to unmarried parents, the mother is the child's sole custodian. Paternity and child support can be established through the DSS child support process. Information on how to apply for child support through DSS is available here:... Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on
Q: Hi my brother in law is behind in child support from 2 of his exes.... the main problem here, is that for one case, the

mother is, i believe, incarcerated and also the 2 girls are above 18 yrs of age...in the 2nd case his other 2 kids with a different mother, she no longer has them, and she never let him talk to or see their kids just to be cruel....he needs advice bc the lady at family court told me that he... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

He needs to seek a consultation with a lawyer experienced in child support cases.

1 Answer | Asked in Child Support for Oklahoma on
Q: How do I file indirect contempt in Oklahoma? My ex owes over $20 thousand dollars in child support.

Without an attorney. What paperwork do I need to file specifically.

Pete David Louden
Pete David Louden answered on May 6, 2021

Best place to start is schedule schedule consultations with an attorney in your area. The attorney will review your case and explain your options. If the other party is found guilty of indirect civil contempt they can be ordered to pay your attorney fees.

1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: NJ college tuition as part of child support

We have an MSA codified when we were in Virginia but divorced in NJ where we both currently live. I’m concerned my ex wife will try to take me to court to use NJ law/precedent to make me pay college tuition after child support ends. 1. Is she likely to win in NJ court even if we have an MSA from... Read more »

Richard Diamond
Richard Diamond answered on May 6, 2021

I dont think my answer will come as a big surprise to you. You need to sit down with an experienced family law attorney to review the terms of your agreement and any court orders entered in your matter ( in Virginia and in New Jersey) to determine how a court would address the issue if presented.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: I lived with my boyfriend for 3 through 5 months do i have to go back with my mom in kentucky with my unborn baby

If I do go back she going to take everything for me and my baby like money and ECT. Every time I gey money for the government she take and if she keep taking for me I want be able to take care of my baby and me. Need help asap.

Timothy Denison
Timothy Denison answered on May 6, 2021

You do not have to go back. You have emancipated but you will have to handle everything on your own from here on.

2 Answers | Asked in Child Support and Family Law for Florida on
Q: I have a case for three children from 2009 until the last child’s 18th birthday. My oldest two will then be 25 and 23.

The case did not contain any orders for if/when the children emancipated.

Nicole Vette
Nicole Vette answered on May 6, 2021

Typically children emancipate when they turn 18 unless they are still in high school participating in good faith, in which case they emancipate upon graduation or age 19 whichever is earlier. Other ways a child can emancipate are marriage or entry into military.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: Can I report a tribal judge for not ruling according to their own laws?

Tribal judge has followed laws to rule favorable for native individual in family court, but when the EXACT (and I mean EXACT) situation was reversed and would have been ruled to favor a white person, completely ignored and ruled the other way. Did not follow tribal code for what things to take into... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2021

You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: I have a support order in Indiana but ex lives in new state of Georgia, how do I know which state she filed in?

I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... Read more »

Troy Tyson
Troy Tyson answered on May 6, 2021

If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a father still have to pay child support if he signs over his parental rights?

The child support was court ordered through a judge from getting a divorce. Father has no visitation rights, mother has 100% custody of child and father see's child when they want rather than consistently.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

What you are asking is not something that is done as same is against public policy. The responsibility to pay child support is not tied to the timesharing. There are ways to terminate parental rights and that is something that can be discussed with an attorney to see if this is possible in your... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New York on
Q: I am looking for an attorney that can help me fight for my mothers rights.
Tim Akpinar
Tim Akpinar answered on May 5, 2021

Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: Will I be charged for child support since my girlfriend and I cannot afford to get married yet and she’s on Medicaid??

My girlfriend is on Medicaid in Michigan and we are about to have our first baby. I just graduated college and am looking for a full-time job. In the meantime while we save up for a place of our own we are staying with her parents. I read that the state of michigan charges the father some amount of... Read more »

Brent T. Geers
Brent T. Geers answered on May 5, 2021

Yes, if Medicaid pays for the birth expenses, you will get a bill at some point. You may want to rethink holding off on marriage if your girlfriend is the person you intend to marry at some point any way. It may be cheaper for you in the long run to marry now. You also want to be sure your... Read more »

1 Answer | Asked in Child Support for Georgia on
Q: What is the process for child support enforcement in a different state?

I live in Georgia and the father now lives in South Carolina. I had an active case but it was closed in 2017 due to him having my children for a year and lying to the caseworker saying they were enrolled in school for the next year once they moved back with me. I was unable to show proof with... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 4, 2021

I'm very sorry, but I have no answer for your particular set of circumstances. We don't have enough information from you. Which state has a support case that is open?, etc.

A couple of notes here. 1. Anything you now do will likely need to be carried out in the courts of SC....
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1 Answer | Asked in Child Custody, Child Support and Divorce for Kentucky on
Q: If I have a custody/child support agreement in VA, can I file for divorce in KY where live? Separated 6 years.

my wife and I have been separated for 6 years and have 2 daughters. There is a custody agreement and child support agreement based in the Virginia court's. I live in Kentucky now and want to divorce her. Can I file the paperwork in Kentucky without having to redo the custody agreement?

Timothy Denison
Timothy Denison answered on May 4, 2021

Yes.

1 Answer | Asked in Child Support for Maryland on
Q: I pay child support for twins in MD. Already 18, graduating in June. Do I just stop paying or also need to go to court?

Do I need to go to court or do anything else, other then just stop paying? Also, in case that matters, I have been sending the child support payments, as opposed to it being deducted from my pay...

Mark Oakley
Mark Oakley answered on May 4, 2021

You just stop paying. No court order is required. Support is due through completion of the requirements for graduation, not the graduation ceremony itself. Therefore, if they have met all requirements (completed school) by the end of May, and are out of school until the graduation ceremony in... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: Child support office has wrong amount owed in system.

I have arrears that need paying. Close to 8k. I’ve paid and have proof of paying close to 3500 of those arrears. Child support is saying I’ve only paid 1k even after sending them the proof. What can I do to get them to change the balance owed?

Sabra M. Janko
Sabra M. Janko answered on May 3, 2021

I am sorry to hear about your situation. You may want to ask them why they are not crediting all of your proof, or have an attorney coordinate that issue with them for you.

1 Answer | Asked in Child Support for Massachusetts on
Q: I filed for child support online months ago & I still haven’t heard anything or received anything. What’s next?

My daughter is four. Her dad hasn’t paid anything since she was maybe one. Barely sees her. Maybe once a month; some months, never. I’ve never done this before so I don’t know what to do next other than wait. He received something in the mail & did nothing. I still haven’t heard... Read more »

Brian Waller
Brian Waller answered on May 3, 2021

If there was a prior order for child support that the dad isn't following, you could file a Complaint for Contempt. If there was no prior order, you would need to file a Complaint to Establish Paternity or a Complaint for Custody Support and Parenting Time.

You can contact the...
Read more »

1 Answer | Asked in Child Support for Michigan on
Q: My ex is currently on child support for our son. I just had a another baby by him. Will support be lower?

If I add this baby will child support be lower? He wants nothing to do with this baby

Brent T. Geers
Brent T. Geers answered on May 3, 2021

An additional child generally causes an increase in support obligation. Doesn't really matter is the father wants anything to do with the baby. And if you or the child receive any public assistance, there will be a support obligation unless he can prove he is not the father.

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