Child Support Questions & Answers by State
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Child Support Questions & Answers
Q: If paying child support, are you required to pay half of extra things, I.e. a car, car insurance, sports?
Kristine Jones' answer
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Hello, if this is an Alabama matter, then no. Not if all you are paying is Child Support and there is nothing else listed in the Order(s). You should read whatever documents the court has ordered in your case to ensure you are in compliance. Best of luck!
Q: Will my ex have to count his income “assistance” on our financial worksheet?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Colorado
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Brynne Gant's answer
When filling out a sworn financial statement, he should claim income from any source, including from his mother. That said, it can be difficult to enforce this if she is paying him in cash. You may need to get approval from the court to request her bank statements/financial documents as well as his if this is a major concern. In addition, there is little stopping them from stating/deciding that her assistance to him is actually a debt, which could complicate things.
As for the child...
When filling out a sworn financial statement, he should claim income from any source, including from his mother. That said, it can be difficult to enforce this if she is paying him in cash. You may need to get approval from the court to request her bank statements/financial documents as well as his if this is a major concern. In addition, there is little stopping them from stating/deciding that her assistance to him is actually a debt, which could complicate things.
As for the child...
Q: My daughter is going to be turning 5 years old her father finally stepped up to the plate he gets SSDI benefits
Neville Bedford's answer
Happy birthday to your daughter. Here is some info
https://secure.ssa.gov/poms.nsf/lnx/0410115030
Happy birthday to your daughter. Here is some info
https://secure.ssa.gov/poms.nsf/lnx/0410115030
Q: My drivers license has been suspended for Child Support.
Neville Bedford's answer
Quite possibly. Talk to your attorney and also your benefits manager to see if there are any dependency benefits available to help support your child. https://www.va.gov/opa/publications/benefits_book.asp
Armed Forces Legal Services Project
The Rhode Island Bar Association United States Armed Forces Legal Services Project is specifically designed to provide those serving in the military and their families with legal assistance. Coordinated with the Attorney-Advisor at the...
Quite possibly. Talk to your attorney and also your benefits manager to see if there are any dependency benefits available to help support your child. https://www.va.gov/opa/publications/benefits_book.asp
Armed Forces Legal Services Project
The Rhode Island Bar Association United States Armed Forces Legal Services Project is specifically designed to provide those serving in the military and their families with legal assistance. Coordinated with the Attorney-Advisor at the...
Q: If I'm paying child support in rhode island can I see my kids?
Neville Bedford's answer
Parenting time is a right, and Child support is a separate obligation. If you have an order from the court granting your request for parenting time, you have the right to. If you have not addressed this issue in the court, now would be a great time to contact a family law attorney to assist you in pressing same.
Parenting time is a right, and Child support is a separate obligation. If you have an order from the court granting your request for parenting time, you have the right to. If you have not addressed this issue in the court, now would be a great time to contact a family law attorney to assist you in pressing same.
Q: How do I go about a family member collecting a death benefit check? How could I get the check put in my name?
Kathryn Hilbush's answer
Your mother is currently receiving the funds as your representative payee because you are under age. You have several options. One is to go to the local Social Security office to find out if they can change that to your grandmother if you have sufficient proof that you live with her. Or your grandmother could file for child support against your mother at your county Domestic Relations Office. The SS benefits would be taken into account when an order was entered against your mother.
Your mother is currently receiving the funds as your representative payee because you are under age. You have several options. One is to go to the local Social Security office to find out if they can change that to your grandmother if you have sufficient proof that you live with her. Or your grandmother could file for child support against your mother at your county Domestic Relations Office. The SS benefits would be taken into account when an order was entered against your mother.
Q: What can the NCP do without paying excessive attorney fees when a CP kicked the child out the house?
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Georgia
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Homer P Jordan IV's answer
You should consult with an attorney who can review the facts of your case, present you with the options, and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
You should consult with an attorney who can review the facts of your case, present you with the options, and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: If you are overpaying in child support and the court determines you have been will you be compensated the difference?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Alabama
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Mr. James Parrish Coleman's answer
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Is this an Alabama matter? You must go back to court and modify child support. You won't get money back. It is technically possible that the father could be held in contempt and be required to pay your attorney, but that is not certain. You must go back to court and get this done. If you are receiving government benefits DHR will take you back to court IF he is not paying.
Q: Hello. I'm needing to know what rights noncustodial parent has when child has been moved out of state without consent?
Lydia Seifner's answer
Your rights are entirely dependent on your marital status to the custodial parent and if there has been a previous court order that the other parent might be violating. There's not enough information here to give and adequate answer, so I highly recommend you speak to a family attorney in your area.
Your rights are entirely dependent on your marital status to the custodial parent and if there has been a previous court order that the other parent might be violating. There's not enough information here to give and adequate answer, so I highly recommend you speak to a family attorney in your area.
Q: When you say child support continues until arrearages are paid off, do you mean as they are set now?
Michael Christopher Miller's answer
Va. Code 20-60.3, "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall also provide, pursuant to § 20-78.2, for interest on the arrearage at the judgment rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest."
The support cannot be changed, as stated above, they create a judgment by operation of law....
Va. Code 20-60.3, "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall also provide, pursuant to § 20-78.2, for interest on the arrearage at the judgment rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest."
The support cannot be changed, as stated above, they create a judgment by operation of law....
Q: does she have to still pay child support if the custodian will not let her even speak on the phone with her
Timothy Denison's answer
If she is under an order to pay child support, yes she does. If there is no order, then no.
If she is under an order to pay child support, yes she does. If there is no order, then no.
Q: Is being order to pay child support the same as a civil suit?
Mr. James Parrish Coleman's answer
Essentially, yes. An order to pay support becomes a final order as to that payment. This is very important, because it means that there are jurisdictional limitations on what a court which issues that order can do about giving relief from that order. If you have an order, and you don't pay, and those payments are part of a final order -- and they fell at a time other than when litigation was ongoing -- the COurt can't let you off the hook on those payments. SeeHamilton v Hamilton quoted here:...
Essentially, yes. An order to pay support becomes a final order as to that payment. This is very important, because it means that there are jurisdictional limitations on what a court which issues that order can do about giving relief from that order. If you have an order, and you don't pay, and those payments are part of a final order -- and they fell at a time other than when litigation was ongoing -- the COurt can't let you off the hook on those payments. SeeHamilton v Hamilton quoted here:...
Q: My husband and I are separated but not divorced. There currently is no custody agreement.
Mr. James Parrish Coleman's answer
No. While this is a popular threat, you can't kidnap your own child. Your husband can take you to court in a custody matter in the divorce and have the judge order that either you bring the child back or lose custody of the child.
No. While this is a popular threat, you can't kidnap your own child. Your husband can take you to court in a custody matter in the divorce and have the judge order that either you bring the child back or lose custody of the child.
Q: Hello, My ex has filed a motion to modify parenting time, how do I respond please? Thank you!
2 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Colorado
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Courtney Edwards' answer
There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.
I would suggest at a minimum consulting with an attorney who can walk you through the process if you are unsure of what to do or expect.
There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.
I would suggest at a minimum consulting with an attorney who can walk you through the process if you are unsure of what to do or expect.
Q: Why do I have to wait until my motion hearing to file for child support again?
Cary B. Hall's answer
I'm not sure you have to wait -- who told you so? Might as well go ahead and file now, and see what happens. If you need to file again in the future, then you'll do so. Nothing ventured, nothing gained, right?
Best of luck to you.
I'm not sure you have to wait -- who told you so? Might as well go ahead and file now, and see what happens. If you need to file again in the future, then you'll do so. Nothing ventured, nothing gained, right?
Best of luck to you.
Q: Can I be required to pay child support for periods of time when I was legally married to my kids mother?
Doak Willis' answer
If you were married and the children and your spouse were living with you, you would not be required to pay child support during that time frame.
If you were married and the children and your spouse were living with you, you would not be required to pay child support during that time frame.
Q: If you have court for a motion hearing why can’t you file for child support until it’s settled?
Kathryn Hilbush's answer
There are procedures to be filed in the court system. If paternity testing was done. the court needs to officially determine that he is the father, which obviously seems unnecessary to you since the results of the testing point to him. However, the orderly process of the court must be followed. You will be entitled to collect support from at least the date when you refiled, which I think you've already done. The hearing has just been delayed by the paternity testing. There is no reason for...
There are procedures to be filed in the court system. If paternity testing was done. the court needs to officially determine that he is the father, which obviously seems unnecessary to you since the results of the testing point to him. However, the orderly process of the court must be followed. You will be entitled to collect support from at least the date when you refiled, which I think you've already done. The hearing has just been delayed by the paternity testing. There is no reason for...
Q: What penalties will there be for a parent with no custody voluntarily going to inpatient rehab while owing child support
Rich J. Peters' answer
Under Arizona law, he will continue to old child support even while he is in rehab unless he takes steps. It would be my suggestion that he file a petition for temporary modification of child support. While Arizona law allows mother to pursue child support as if father is still working, I believe he would have a very strong position to think that the court impute no income during his time of Rehabilitation.
We can certainly help him consider and then pursue his options for seeking a...
Under Arizona law, he will continue to old child support even while he is in rehab unless he takes steps. It would be my suggestion that he file a petition for temporary modification of child support. While Arizona law allows mother to pursue child support as if father is still working, I believe he would have a very strong position to think that the court impute no income during his time of Rehabilitation.
We can certainly help him consider and then pursue his options for seeking a...
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