Child Support Questions & Answers by State
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Child Support Questions & Answers
Q: I live with my child in CA father lives in FL can I File for support? He also never signed the BC! he has no LEGAL job??
Terrence H Thorgaard's answer
Yes, of course you can file for support. The Florida Department of Revenue assists in collection of child support, and there is a similar agency in California. Contact one or both agency and ask them for help.
Yes, of course you can file for support. The Florida Department of Revenue assists in collection of child support, and there is a similar agency in California. Contact one or both agency and ask them for help.
Q: I currently pay child support for two children. One of them moved in with me the other moved in with a friend and the
Joanne Reisman's answer
You can first see if the district attorney will help you modify the child support order at no charge. Otherwise you will need to file to modify it yourself. There are forms at the courthouse you can use but you will need an attorney to help you because you will need to get the mother's financial information and do a new calculation. You can change the order so you don['t have to pay for the child that is living with you and in fact you can have an order created stating that the mother needs...
You can first see if the district attorney will help you modify the child support order at no charge. Otherwise you will need to file to modify it yourself. There are forms at the courthouse you can use but you will need an attorney to help you because you will need to get the mother's financial information and do a new calculation. You can change the order so you don['t have to pay for the child that is living with you and in fact you can have an order created stating that the mother needs...
Q: If my fiance's son's mother waits to put him on child support until after we are married will be income be included?
Regina Irene Edwards' answer
Only the parent's income will be included - not a spouse's.
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
Only the parent's income will be included - not a spouse's.
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
Q: Was I required to pay child support during the TPO?
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
Georgia
on
Answered on Sep 19, 2017
Answered on Sep 19, 2017
Regina Irene Edwards' answer
You are obligated to support any child that does not live with you, regardless of whether there was a child support order in place.
Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
You are obligated to support any child that does not live with you, regardless of whether there was a child support order in place.
Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
Q: I have shared custody and my ex got remarried. Can I get out child support since her household income went up?
Alexander Florian Steciuch's answer
You are almost never going to be able to get out of paying child support. That said, if your ex spouse is now married again her new income could be factored in to how much you have to pay for child support. Any modification of your child support is going to require a court order of the child custody agreement though.
Consult with a family law attorney in your area for representation and legal advice.
You are almost never going to be able to get out of paying child support. That said, if your ex spouse is now married again her new income could be factored in to how much you have to pay for child support. Any modification of your child support is going to require a court order of the child custody agreement though.
Consult with a family law attorney in your area for representation and legal advice.
Q: I pay $600/month child support. My ex is wanting me to pay for an optional Disney Band trip for my child. Am I obligated
Alexander Florian Steciuch's answer
Your child custody agreement is going to govern whether or not you are obligated to pay. Clearly you do not believe that an optional band trip to Disney is an educational expense. However, if it is through a school program, chances are high that it is. If you do not believe this to be the case though you can always go back to court to dispute it but you may not like your outcome.
Consult with a family law attorney in your area who handles child custody disputes for legal advice and...
Your child custody agreement is going to govern whether or not you are obligated to pay. Clearly you do not believe that an optional band trip to Disney is an educational expense. However, if it is through a school program, chances are high that it is. If you do not believe this to be the case though you can always go back to court to dispute it but you may not like your outcome.
Consult with a family law attorney in your area who handles child custody disputes for legal advice and...
Q: If 2 people file for child support against the same person the same day, whos case recieves the first child support?
Ray Choudhry's answer
Each case is processed on its own.
There is a formula used to calculate child support.
The numbers are whatever they are.
Each case is processed on its own.
There is a formula used to calculate child support.
The numbers are whatever they are.
Q: 2 years ago my boyfriend raped me and I got pregnant. He has completely abandoned my daughter. No communication.
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Criminal Law
for
Illinois
on
Answered on Sep 19, 2017
Answered on Sep 19, 2017
Ray Choudhry's answer
Is he on birth certificate.
As to sex assault, see if police and state's attorney are willing to prosecute.
Is he on birth certificate.
As to sex assault, see if police and state's attorney are willing to prosecute.
Q: How do you go about putting a biological father on child support? Who has not legitimized but is on the certificate
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Georgia
on
Answered on Sep 19, 2017
Answered on Sep 19, 2017
Ellaretha Coleman's answer
You can obtain a child support order either through opening a case with the child support recovery agency or by filing a paternity action in superior court. Until the father legitimizes the child, he has no rights to custody or visitation. However, once a legitimation action is filed, the father can petition the court in the same action for primary physical custody.
You can obtain a child support order either through opening a case with the child support recovery agency or by filing a paternity action in superior court. Until the father legitimizes the child, he has no rights to custody or visitation. However, once a legitimation action is filed, the father can petition the court in the same action for primary physical custody.
Q: If I'm still married to my wife but we are separated can she legally go after me for child support?
Joseph Jaap's answer
Yes, she can file for a legal separation or a divorce, and in either case, seek child support and spousal support.
Yes, she can file for a legal separation or a divorce, and in either case, seek child support and spousal support.
Q: A payor pays support in two seperate case,the child in the first case passed away.Can I ask for an increase? In Wi
Stefan Otterson's answer
Yes, assuming your child support was based on an income calculation that deducted support paid to the child from a previous relationship. However, the $50 amount suggests that the payor's income is very low, so adding that previous support amount back into his/her income may not bring the amount above the $50 minimum. You'll need to ask the payor for a current tax return and paystubs, and then do the math. You can ask for recalculation if the difference is more than 15%.
Yes, assuming your child support was based on an income calculation that deducted support paid to the child from a previous relationship. However, the $50 amount suggests that the payor's income is very low, so adding that previous support amount back into his/her income may not bring the amount above the $50 minimum. You'll need to ask the payor for a current tax return and paystubs, and then do the math. You can ask for recalculation if the difference is more than 15%.
Q: Will a judge call child support a wash if I have custody of my daughter and my ex has custody of our our son?
Ray Choudhry's answer
Under the new child support law there is a formula to figure out the child support amount.
It is based on time spent with child and income.
Under the new child support law there is a formula to figure out the child support amount.
It is based on time spent with child and income.
Q: My son is going threw a divorce and can't afford a lawyer. He has been giving her 300.00 a week for the kids.
Joseph Jaap's answer
There is no way to estimate his chances without a full review of all the facts. He really can't afford to go through the divorce without an attorney. He might be able to find an attorney to work with him. He can use the Find a Lawyer tab to call a few. Some courts have a legal clinic with volunteers to assist those without an attorney.
There is no way to estimate his chances without a full review of all the facts. He really can't afford to go through the divorce without an attorney. He might be able to find an attorney to work with him. He can use the Find a Lawyer tab to call a few. Some courts have a legal clinic with volunteers to assist those without an attorney.
Q: I have my 3 kids for four overnights and he has them for three, he pays $600 a month in support including insurance.
Gary Johnston Dean's answer
I don't quite fully understand your question, but here goes ----
Children's toys, and clothing should freely move between both parents. When your kids are with their dad, they should be able to take the clothes they need during that time. If dad buys them clothes, that's his expense. You, as the primary custodial parent have the obligation to see that the kids have proper clothes. That's some of the things that his child support goes for.
I don't quite fully understand your question, but here goes ----
Children's toys, and clothing should freely move between both parents. When your kids are with their dad, they should be able to take the clothes they need during that time. If dad buys them clothes, that's his expense. You, as the primary custodial parent have the obligation to see that the kids have proper clothes. That's some of the things that his child support goes for.
Q: If I care and support more than half of my son's expenses, can his mom put me child support because she wants welfare?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Alabama
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Mr. James Parrish Coleman's answer
That is an excellent question for a judge. If you are paying support now, you would be relieved of that burden if you are ordered to make a money payment to support your child every month. Have you ever been to Court with this? Now would be a good time to do, if you haven't been. You should that child support be set according to the income of the parties, you should ask for a regular visitation schedule, and you should stop paying for stuff directly.
That is an excellent question for a judge. If you are paying support now, you would be relieved of that burden if you are ordered to make a money payment to support your child every month. Have you ever been to Court with this? Now would be a good time to do, if you haven't been. You should that child support be set according to the income of the parties, you should ask for a regular visitation schedule, and you should stop paying for stuff directly.
Q: My wife and I are not separated yet, and she is not letting me and my family see my son unsupervised, with no basis.
1 Answer
| Asked
in
Child Custody, Child Support and Divorce
for
Georgia
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Regina Irene Edwards' answer
Both of you have equal rights to custody. However, you asserting that right is unlikely to produce results. Even if you took your child from daycare or a neutral location, then the police would be called and there would be unnecessary stress and tension. It's best to hire an attorney. The only way courts get involved in custody issues is if a divorce or separation case is pending.
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since...
Both of you have equal rights to custody. However, you asserting that right is unlikely to produce results. Even if you took your child from daycare or a neutral location, then the police would be called and there would be unnecessary stress and tension. It's best to hire an attorney. The only way courts get involved in custody issues is if a divorce or separation case is pending.
• Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since...
Q: Can I take my sons father back to court for paying less than the support order is with a wage attachement?
Kathryn Hilbush's answer
Yes, you can. It may be that his paycheck isn't high enough to allow the employer to deduct the full amount of the order legally, but he's still on the hook for the total amount of the order unless and until that's modified.
Yes, you can. It may be that his paycheck isn't high enough to allow the employer to deduct the full amount of the order legally, but he's still on the hook for the total amount of the order unless and until that's modified.
Q: An order for CS was issued in PR where 21 is the age limit to be an adult. Since then the mother of my kids moved to FL
Terrence H Thorgaard's answer
I believe the Florida courts will be required to give full faith and credit to a child support decree from Puerto Rico. You would need to ask about Puerto Rican law about the one (child for whom you are obligated to pay CS, I assume you mean) that had a baby, but I expect the answer is "yes".
I believe the Florida courts will be required to give full faith and credit to a child support decree from Puerto Rico. You would need to ask about Puerto Rican law about the one (child for whom you are obligated to pay CS, I assume you mean) that had a baby, but I expect the answer is "yes".
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