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.
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.
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.
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.
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.
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.
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.
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.
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.
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...
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...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.