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Child Support Questions & Answers
Q: How does the friend of the court work in regards to paternity, custody, and child support?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Michigan
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Brent T. Geers' answer
The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.
If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.
The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.
If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.
Q: My ex husband had recently had some health issues and is unable to work now. What now?
Bennett James Wills' answer
His new spouse wouldn't be responsible. However, he's responsible unless he asks for a modification.
His new spouse wouldn't be responsible. However, he's responsible unless he asks for a modification.
Q: Prof. licenses were requested to be suspended before a background check for new job offer completed. Now what?
1 Answer
| Asked
in
Civil Litigation, Family Law, Child Support and Civil Rights
for
Maryland
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Elizabeth Pugliese's answer
You need to file in the child support case and request an audit of your case. this will ensure they correct your record.
You need to file in the child support case and request an audit of your case. this will ensure they correct your record.
Q: How does attorney deal with the moral battle knowing about the court registry investment system and the effects
1 Answer
| Asked
in
Family Law, Admiralty / Maritime, Child Support and Civil Rights
for
Texas
on
Answered on Apr 16, 2019
Answered on Apr 16, 2019
Timur Akpinar's answer
From a practical standpoint, many attorneys do not stop and think to delve deeply into the moral issues because they tend to be more focused on its use as a tool for handling court registry funds. Their immediate attention tends to be more on individual cases.
Tim Akpinar
From a practical standpoint, many attorneys do not stop and think to delve deeply into the moral issues because they tend to be more focused on its use as a tool for handling court registry funds. Their immediate attention tends to be more on individual cases.
Tim Akpinar
Q: My girlfriend and I just had a baby we live together and she told me I have to start paying child support to her
Kathryn Hilbush's answer
Usually child support as such is not paid while the parents reside together. On the other hand, you should step up and contribute to the child's support. Babies are expensive.
Usually child support as such is not paid while the parents reside together. On the other hand, you should step up and contribute to the child's support. Babies are expensive.
Q: Back Support and Texas estate inheartance
Terrence H Thorgaard's answer
It would depend upon whether the funds are immediately payable to the obligor (person who owes the child support) by the estate. Post your question in Justia › Ask a Lawyer › Texas › for more details.
It would depend upon whether the funds are immediately payable to the obligor (person who owes the child support) by the estate. Post your question in Justia › Ask a Lawyer › Texas › for more details.
Q: my husbands ex owes him $10000 in child support she pays $20 a month when she should pay $520 for 2 kids.what can we do
John Hyland Barrett III's answer
Your husband has a variety of remedies, including contempt and garnishment of her wages. He may be able to get a modification of parenting time/decision making. One approach would be to have the court appoint a Child and Family Investigator or a Parental Responsibility Evaluator to review the situation and make recommendations about custody. He should get a lawyer to help him with all this.
Your husband has a variety of remedies, including contempt and garnishment of her wages. He may be able to get a modification of parenting time/decision making. One approach would be to have the court appoint a Child and Family Investigator or a Parental Responsibility Evaluator to review the situation and make recommendations about custody. He should get a lawyer to help him with all this.
Q: I used to not be the custodial parent, now I am. I have arrears that are owed to DOR is there a way to get them wavied
Rand Scott Lieber's answer
Legally you are responsible for child support that accrued while the child lived with mom. Why has support going forward been stopped? If mom were to have a support obligation now that might be able to be used to offset your arrearage. Mom could also agree to waive the arrearage.
Legally you are responsible for child support that accrued while the child lived with mom. Why has support going forward been stopped? If mom were to have a support obligation now that might be able to be used to offset your arrearage. Mom could also agree to waive the arrearage.
Q: My son is 27 child support has been getting paid out of pay check but they still take my income tax return.
Anthony Marvin Avery's answer
Child Support bureaucrats will always claim you are behind. But you should not be generating Tax Refunds. Claim at least 1 if not 2 Exemptions on your W4. You lawyer should have told you this a long time ago. Tax Refunds are bad almost always.
Child Support bureaucrats will always claim you are behind. But you should not be generating Tax Refunds. Claim at least 1 if not 2 Exemptions on your W4. You lawyer should have told you this a long time ago. Tax Refunds are bad almost always.
Q: Is there a way to report that the custodial parent has failed to report her income?
Kristine Jones' answer
Hello. It is not required that she report her income. He would need to file for a child support modification petition in order to recalculate the amount owed.
Best of luck!
Hello. It is not required that she report her income. He would need to file for a child support modification petition in order to recalculate the amount owed.
Best of luck!
Q: How can I get the SS to stop payment for child support being taken out. the child is over 18 years old
Ray Choudhry's answer
Somebody sent an order to Social Security to start taking it out.
They have to notify them to stop.
The paper you have may or may not be enough.
You may need a court order to stop it.
Somebody sent an order to Social Security to start taking it out.
They have to notify them to stop.
The paper you have may or may not be enough.
You may need a court order to stop it.
Q: My ex was paying child support directly to me, but is now sending reduced payment. How can I enforce full payment?
Noel Rivers' answer
You can file a motion to enforce litigant's rights. It will bring the matter before a judge. If you are successful, you can have the court make him pay the back child support amount owed to you. Any experienced family law attorney would be happy to assist you in this.
You can file a motion to enforce litigant's rights. It will bring the matter before a judge. If you are successful, you can have the court make him pay the back child support amount owed to you. Any experienced family law attorney would be happy to assist you in this.
Q: I'm 16 and I have a court date for child support can I go alone or do I have to take my parents with me?
Noel Rivers' answer
If the court date is for your own child's support, you do not need to bring your parents with you. However, you are able to bring your parents if you want to. I would also urge you to hire an attorney to protect your interests, if at all possible.
If the court date is for your own child's support, you do not need to bring your parents with you. However, you are able to bring your parents if you want to. I would also urge you to hire an attorney to protect your interests, if at all possible.
Q: How do I file a motion to terminate collection of arrears child support?
Ronald J. Eisenberg's answer
Bearden v. Georgia, 461 U.S. 660 (1983), deals with imprisonment for not paying child support.
You may file any motion you want. If you want to seek modification, hire a local family law practioner.
Bearden v. Georgia, 461 U.S. 660 (1983), deals with imprisonment for not paying child support.
You may file any motion you want. If you want to seek modification, hire a local family law practioner.
Q: if we are paying half the tuition which is more than child support do we still have to pay child support?
Ronald J. Eisenberg's answer
Read your divorce judgment. Better yet direct this question to your divorce attorney. My guess is that you probably owe it.
Read your divorce judgment. Better yet direct this question to your divorce attorney. My guess is that you probably owe it.
Q: Divorce decree says kids can talk to the other parent through age appropriate devices. Is this appropriate for 4 yr old
3 Answers
| Asked
in
Child Custody, Child Support, Estate Planning and Family Law
for
Georgia
on
Answered on Apr 14, 2019
Answered on Apr 14, 2019
Kim Ebert's answer
According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).
~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.
According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).
~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.
Q: What should I do if mother had a stroke recently?
Joanne Reisman's answer
If you were ordered to pay support while the child lived with the mother then you definitely want to modify the support so you don't continue to be liable for payments while your daughter lives with you. That would involve also recalculating the support so yes, the mother may end up having to pay support but that would be based on the new income circumstances for the mother. If mother had a stroke and can't work, she may have little or no income. If mother ends up collecting social security...
If you were ordered to pay support while the child lived with the mother then you definitely want to modify the support so you don't continue to be liable for payments while your daughter lives with you. That would involve also recalculating the support so yes, the mother may end up having to pay support but that would be based on the new income circumstances for the mother. If mother had a stroke and can't work, she may have little or no income. If mother ends up collecting social security...
Q: Hi my son was kept away from me for 9 yrs. He has recently reached out to me and is 14 yrs old now.
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
North Carolina
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Amanda Bowden Houser's answer
"Please help!" Hmmmm - really? With what exactly - not paying child support perhaps? Couldn't be you need help with visitation with your son. If so, seems the time to have asked for help with that was 9 years ago. Or 8 years ago. Or 7 years ago. It seems very much like what you are saying is you are happy your son is now in your life as long as you don't risk having to pay back or future child support. It further seems you want to play the victim here (when you absolutely are not) with...
"Please help!" Hmmmm - really? With what exactly - not paying child support perhaps? Couldn't be you need help with visitation with your son. If so, seems the time to have asked for help with that was 9 years ago. Or 8 years ago. Or 7 years ago. It seems very much like what you are saying is you are happy your son is now in your life as long as you don't risk having to pay back or future child support. It further seems you want to play the victim here (when you absolutely are not) with...
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