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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: How to relinquish parental rights and not pay child support?
Richard Diamond
Richard Diamond
answered on Dec 18, 2024

There are settings where one parent is willing to release the other parent from financial responsibility for the support of their child in exchange for the other parent's termination of relationship with the child (generally, when the other parent has a longer-term relationship, and that... View More

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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My husband was extradited to michigan for non payment of child support.Can he be released without prison time.

My husband was never served court papers. The original child support case is closed.His son is now 20 years old. I am assuming the AG Opened a new case because the state is owed from the other parent owing for county assistance. I don't know how to prove that he was never served. According to... View More

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

It's going to be hard. Not only would you (he) need to show he was never served, but also he had no reason to know he had a support obligation. By the time back support gets referred to the AG for criminal charges, there's usually quite a bit of collection activity that takes place,... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: 2 yrs ago my wife filled in NJ, we both now live in Florida-case still open. Is FL or NJ better for child support?

We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 17, 2024

If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My ex- wife wants my son to live with her in North Carolina before turning 18 next December.

He has lived with me for the last few years with nothing from her. She doesn't want child support or anything from me. How do I ensure she doesn't change her mind? We can't really share custody or have normal visitation since we are in Texas.

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

When you negotiate your new child custody order, include a specific provision that states that you have provided support for your son for X years (without ex-wife paying child support, if applicable) and, therefore, the parties agree that you will not be obligated to pay child support to your... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My husband Is currently being extradited from Arizona to Michigan for non payment of child support errears.

His son is an adult now.I know that does not matter.However, he has never been served any type of court papers. He hasn't been in Michigan since 2006. Case was filed 2007. How Can he get it dismissed and return home to arizona.

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2024

He will have to deal with this once he's in a Michigan court. Generally, non-support cases are strict liability, meaning there is no sound defense to them - if the state can show you legally owe the money, it doesn't matter why you haven't paid. It IS possible though to challenge... View More

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do I get arrears child support from mom credited to what I pay monthly now that the kids moved in with her?

Both Kids 12 and 14 have lived with me since birth, I have full custody of them this past September they moved in with her. She was down just under 30k in child support at that time. Im trying to get my monthly payment reduced by offsetting it with what she owes me.

I filed a motion to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’m in a custody battle with my child’s father. I currently have a boyfriend and would like to move in with him

He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 6, 2024

The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More

1 Answer | Asked in Child Support and Probate for Florida on
Q: When I sell my dad home he's deceased. Can child support in NY take areas owed by my brother and it affect my 50%.

Can my brother also sign a document giving me total 100%

James Clifton
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James Clifton
answered on Dec 5, 2024

Child support services cannot take your portion of the inheritance. If it is not too late, your brother can renounce his portion of the inheritance leaving you as the only owner of the property. In that case, child support services would have nothing to go after. A renunciation needs to be filed... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Texas on
Q: my spouse in which I’m divorcing has committed defamation and slander and perjury and under oath

I am in the end of my divorce and child custody case. my spouse has committed perjury by informing the judge of false accusations regarding myself trying to commit suicide. He committed perjury by advising the judge that he has ever taken care of the children. At any time he committed perjury by... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Statements made in judicial proceedings including divorce actions are absolutely privileged and cannot provide the basis for claims of defamation or slander.

Perjury is a crime which can be reported to law enforcement. It will be up to police and to the district attorney whether the State...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: i am in contact with the AOG already, should I consider hiring an attorney to assist me with the child support process?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 4, 2024

The OAG is a good route to go without hiring an attorney IF you and the other party are NOT in agreement over who will have custody of the child(ren), or how often a parent will have some visitation with the child(ren). The OAG will assist with any disagreements over the monthly child support... View More

2 Answers | Asked in Family Law and Child Support for New York on
Q: I'm the custodial parent of 23y and 18y old boys. Dad paid $700 per month since 2014. He stopped in June 24.

I make $130,000 and he $30,000 on books. What are my options?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

One option is to do nothing. There is no requirement that citizens appear in court and report that the other parent is not paying money to the custodial parent for the child. Another option is to go to a family court and file a petition seeking enforcement. A lawyer is a necessity in today's... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for Connecticut on
Q: Online article to explain to ex-wife her obligations too chicken as the custodial and supported spouse regarding expense

Is there anything online that I can show my ex-wife that will explain to her her obligations to paying the children's expenses given that she's the custodial parent and she gets alimony and child support and has sufficient funds to pay for everything. The divorce decree was quite specific... View More

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

If your ex-spouse is harassing you to share in expenses that you are not required to share in per the order of the court, you should probably hire a lawyer for one or two hours of work to draft and mail a letter to your ex-spouse. The letter should explain what expenses the court order requires... View More

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: I am in the middle of a child support case the other opposing counsel has submitted petitioners tax return and bank stat

statements, with pay stubs, how can I submit my bank statements and pay stubs with the court so that it is not get made public and I am following the rules and regulations of submitting disclosures before mediation. I have already submitted a sworn financial statement and a certification of... View More

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

If you are talking about the mandatory financial disclosures under Colorado Rule of Civil Procedure 16.2 (the ones you have to disclose per Form 35.1), then you do not actually file the bank statements and pay stubs with the Court. What you do is you provide the bank statements and the pay stubs... View More

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: I own 7,000 child support and like 17,000alimony they put my name in the denial list to get a passport,

if i pay what i own child support will they remove my name from denial list , or i must pay both alimony and child support,

Jennifer Setters
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Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2024

Usually, it is advisable to pay off the child support debt in case your application for a passport is denied due to arrears of child support. This will help to have your name deleted from the list of persons denied a passport. The United States Department of State says those who are in arrears on... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: With Florida statute 61.1255 codifying adult disabled child support, would this be family law of guardianship?

I've tried asking a family law lawyer who said since the child is above 18, it becomes a guardianship issue. They gave me 3 guardianship lawyers. I called two and both said it would be family law. So I went to the FL child support website and called their number. They said child support is... View More

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024

Generally child support issues fall within family law. However a case related to the disabled child must be filed before the age of 18 for the family law courts to have jurisdiction over the matter beyond the age of majority. So the question is, was there ever a case that was initiated that child... View More

1 Answer | Asked in Family Law, Adoption and Child Support for Georgia on
Q: Can my parents take my stuff i buy with my own money i worked for-My dad threatened me with a knife n beats me wi paddle

I am 16 years old and I buy my food and phone with my money and my parents keep taking it when it arrives so i was wondering if they can take my stuff even tho i buy it with my money. Also My dad threatended with a knife when i backed him up because he got close and he was heated and my counselor... View More

Kedra M. Gotel
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answered on Nov 16, 2024

I'm saddened to hear this is occurring in your household. Abuse of any kind is absolutely never condoned by the law. If your dad is chastising you by striking you with foreign objects or makeshift weapons, you should contact the authorities including your local police and local department of... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Kedra M. Gotel
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answered on Nov 16, 2024

A child conceived during a marriage is presumed to be the child of the marriage unless a genetic test proves otherwise. In your divorce proceeding your husband may ask the court to enter an order for a genetic test. He would then submit to the test along with swabbing the child. If the child proves... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my soon to be ex husband give up his rights without there being someone else to b take them?

My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.

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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How do i fill out the papers for a child support modification

hello I am trying to get a child support modification it has been one year only . The reason i need a modification is because the ncp did not get in insurance so i have it and the child was not in daycare at the time but now is . All these thing are new since the last child support order 10/2023.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

Hire an attorney. It appears you didn't have an attorney the last time, which is part of the problem. Because there are steps an attorney can take to obtain the property documents to discovery the non-custodial parents actual income. It is best to hire an attorney who can draft the proper... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I have a disagreement with the mother of my child. She demands that I pay her money for expenses related to our child

At this point in time we are in family court and as of yet I have not been ordered to pay child support. I am responsible for paying recurring expenses such as child care and medical expenses. She wants me to stop doing so and send her the money so that she may do so directly.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 15, 2024

You do not mention if there is a court order or not. If there is a court order then you should do what it says. If not, how ever you choose to provide money, make sure that you keep clear records of the date and how much you paid. Without a court order, you decide what and how to pay. Speak with a... View More

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