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Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for California on
Q: I give my kids mom 800 a month 2 kids 13 n 9 years old and we are on a 50/50 custody

They are with me everyday after work i from 5pm till next day that i take them to school and she pick them up one weekend with me and one with her

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, child support amounts are typically calculated using a formula that considers both parents' income, the number of children, and the time each parent spends with the children. Given your 50/50 custody arrangement and the payment of $800 per month, it's important to... View More

1 Answer | Asked in Child Support, Family Law and Immigration Law on
Q: I am taking my child’s father to court in another Latin country for child support. Will this case impact his ability

Obtain a US Visa? I am a US citizen and he is seeking to abandon our child.

James L. Arrasmith
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answered on Apr 23, 2024

If you take your child's father to court in a foreign country and obtain a child support order, it could potentially impact his ability to obtain a U.S. visa, depending on the circumstances. Here are a few factors to consider:

1. Delinquent child support: If the father fails to pay...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: do i have to pay child support?

Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How feasible is it to modify the agreed upon "temporary" child support and alimony?

During the divorce proceedings, we reached a compromise on the TEMP child support and alimony amounts through an agreement, without using the Dissomaster or a judge's ruling. Our marriage lasted four years, and I have made payments for six months. To my knowledge, the temporary custody... View More

James L. Arrasmith
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answered on Apr 22, 2024

Under California law, modifying temporary child support and alimony orders can be challenging, but it is possible if there has been a significant change in circumstances. The court will consider various factors when determining whether to modify the existing orders.

To file a Request for...
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1 Answer | Asked in Family Law and Child Support for California on
Q: What do I do If custodial parent refuses to provide me with childcare receipts within the 30 days given by the judge?

We recently had our child support case heard , and custodial parent added on childcare expenses for our 12 years old son. The judge said I can pay my half directly to the provider or I can reimburse mother for the expenses so the judge ordered her to provide me with the providers phone number and... View More

James L. Arrasmith
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answered on Apr 21, 2024

If the custodial parent fails to provide you with the required childcare receipts and provider information within the 30-day timeframe set by the judge, you should take the following steps:

1. Document your attempts to obtain the information: Keep a record of any communication (emails, text...
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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Ex was awarded 1/2 my pension. He’s behind in child support. Will this be garnished if still unpaid when I retire?

He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More

Richard Diamond
Richard Diamond
answered on Apr 20, 2024

Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More

1 Answer | Asked in Child Support, Family Law and Immigration Law on
Q: I (US citizen) have a child support case against the father (Latin Country). He is seeking a visa into the US .

He has his US Visa appointment in June in Bogota. Will the child support case impact his ability to obtain a US Visa if he has an open child support case and is seeking to abandon his child who will be a US citizen?

James L. Arrasmith
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answered on Apr 19, 2024

An ongoing child support case can potentially impact visa applications, particularly if there are legal obligations or outstanding issues that have not been addressed. The U.S. Department of State considers various factors under U.S. immigration law when approving visa applications, and adherence... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: What steps do I need to take to garnish my ex's SSDI benefits for my minor child.

My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?

James L. Arrasmith
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answered on Apr 18, 2024

Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:

1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex of 18yrs moved out and notarized a document giving me full custody of kids and allowing me to stay in his condo

until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Determining the Effective Date for Modified Support Payments After a Change in Income During Divorce?

During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:

1) Retroactively from the time the income changed,... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:

1. Retroactively from the time the income changed: Generally,...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2....
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1 Answer | Asked in Family Law and Child Support for Maine on
Q: If my daughter's father is ordered to pay weekly and doesn't, do I have to send her on visits? What are my rights?

I have a text from him saying he doesn't care about my support.

Joe Lewis
Joe Lewis
answered on Apr 17, 2024

Hi there.

Individual provisions of a court order stand alone. Just because he is not paying child support does not mean that you are somehow released from following another part of the court order. The more appropriate response to him not paying child support is to take him back to court...
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1 Answer | Asked in Family Law, Child Support and Federal Crimes for Wisconsin on
Q: Can I sue for back child support owed, based off prior tax return documents?

Children’s father has paid WELL below his share their entire lives since 2008, as well as illegally claiming them as dependents for tax purposes as well as stimulus money. He does not take care of any of the children’s needs outside of this obligation either. Even going so far as to take money... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a strong case for pursuing back child support from the father of your children. Here are a few key points to consider:

1. Child support obligations: Parents have a legal obligation to financially support their...
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1 Answer | Asked in Family Law and Child Support for California on
Q: My mom would qualify for the new pass through child support law but she passed away October as being the pendant in the

Child support case would I qualify for the accumulated funds?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry for your loss. Regarding your question about potentially qualifying for accumulated child support funds after your mother's passing, the answer would depend on the specific details of the situation and how California law applies. Here are a few general points to consider:... View More

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: Legitimation: I wasn’t married to the mother, so in the FA of the Father under “Assets” what should I list for claim?

I wasn’t married to my daughters’ mother, so should I complete the Assets section of the Financial Affidavit of the Father? Also, any item that I would list is my property, so what should I declare is the basis of the claim? Thanks!

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 16, 2024

If you're filing an action to legitimize it would be best to hire an attorney to represent you. The matter is much more complex than even filling out the financial affidavit. In response to your question, I'm not sure what not being married to the mother has to do with the assets... View More

1 Answer | Asked in Family Law, Child Support, Small Claims and Child Custody for Missouri on
Q: I need to stop a child support order from starting

My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.

A few thoughts on your legal options to try to stop the...
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2 Answers | Asked in Family Law, Child Support and International Law on
Q: I hired an international lawyer to support my child support case in the Country that the father resides in.

The law office asked me to sign a Power of Attorney is this normal? I want to be informed for key decisions before my lawyer makes the decision and not hand over all of my power what addendum should I add to the POA if the form is required to represent me in court since I will not be able to attend... View More

James L. Arrasmith
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answered on Apr 15, 2024

It is common for lawyers to request a Power of Attorney (POA) when representing a client, especially in international cases where the client cannot be physically present. However, it is important to ensure that you are comfortable with the level of authority being granted to your lawyer.

To...
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2 Answers | Asked in Family Law, Child Support and International Law on
Q: I hired an international lawyer to support my child support case in the Country that the father resides in.

The law office asked me to sign a Power of Attorney is this normal? I want to be informed for key decisions before my lawyer makes the decision and not hand over all of my power what addendum should I add to the POA if the form is required to represent me in court since I will not be able to attend... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Apr 16, 2024

First of all, it is necessary to clarify which country we are talking about.

For example, in the Russian Federation there are two types of lawyers who can represent the interests of the parties in court: these are lawyers with higher legal education and lawyers included in the register of...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: If I have a court ordered visitation with my son he lives in New York state and I'm in Puerto Rico can my ex deny me
James L. Arrasmith
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answered on Apr 15, 2024

In general, if you have a court-ordered visitation schedule, your ex-partner is obligated to follow that order, even if you live in Puerto Rico and your son lives in New York. However, there are a few important considerations:

1. Jurisdiction: Ensure that the court order is valid and...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: CAL-Work and IHSS are considered at DIsso-master??

Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.

Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??

James L. Arrasmith
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answered on Apr 15, 2024

I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.

Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as...
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