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Child Support Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... Read more »

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: how do i get a divorce court moved to another state due to conflict of interest?

my ex is an attorney in the court that we were divorced in. He is well known in the county and state that the divorce took place in. Im unable to pay for an attorney nor have i been able to get help from legal aid in this matter. I live in missouri now and I want the divorce court to be move to... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

There is no law that allows a divorce court or case to be transferred from one state to another. Each state has its own divorce courts. Once a divorce case has been properly began in one state, that state retains jurisdiction through the entry of the final decree. It sounds to me from your... Read more »

1 Answer | Asked in Family Law, Child Support and Child Custody for Florida on
Q: My 13 year old daughter says she wants to go live with her dad.

We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?

Rand Scott Lieber
Rand Scott Lieber
answered on May 22, 2023

If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... Read more »

1 Answer | Asked in Child Custody, Child Support, Elder Law, Juvenile Law and Family Law for California on
Q: My two nephews live with me and I’d like to file a child support case against both parents and have one nephew removed

One nephew needs to be placed with CPS as he can no longer live with me

James L. Arrasmith
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answered on May 22, 2023

If you believe that one of your nephews needs to be placed with Child Protective Services (CPS) due to concerns for their safety or well-being, it is crucial to take immediate action. Contact CPS or your local child protective services agency to report the situation and seek their assistance in... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for California on
Q: If a parent loses custody, or the child is emancipated, can they keep the child's personal belongings (such as phone)?

Also, if you would be able to cite a specific law or court case. The state is California.

James L. Arrasmith
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answered on May 22, 2023

In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: We are planning on doing 50/50 custody. Will I have to pay child support since I make more then my spouse?

I make $110,000. My spouse makes $80,000. We have 2 kids.

Robert Kane
Robert Kane
answered on May 20, 2023

It's probable, that you will have to pay child support since you make more then the other parent. "The Minnesota Child Support Division bases the Child Support Guidelines Calculator on the Minnesota Child support guidelines statute." You should input your data to determine your... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I have 4 children the father was only required to pay $55 a week. Why is that.

The court also ordered that the support be directly taken from his pay at least 8yrs ago but he still pay what he wants to pay. U really need help. With the price of living has a increasing raise.

Rand Scott Lieber
Rand Scott Lieber
answered on May 19, 2023

In Florida child support is calculated pursuant to a mathematical formula in the law. It is based on the net incomes of each parent and the number of overnights with each parent. Child support is always modifiable until the children turn eighteen. Perhaps you can return to court for a modification?... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: We live in California. I have not filed for support yet. Once I file, would I even receive any payment even though my

kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80%... Read more »

James L. Arrasmith
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answered on May 18, 2023

In California, child support is typically calculated based on various factors, including the income of both parents and the amount of time each parent spends with the children. Even if the father is currently unemployed, the court may impute income based on his earning capacity or previous... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: We live in California. I have not filed for support yet. Once I file, would I even receive any payment even though my

kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80%... Read more »

Robert Kane
Robert Kane
answered on May 18, 2023

Your income is not a factor in determining his obligation. Unemployment may affect the amount, at least temporarily. Don't let him overplay his hand (unemployment. )

Parenting time is based on numerous factors, the living environment being one factor.

See the California...
Read more »

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1 Answer | Asked in Real Estate Law and Child Support for Oklahoma on
Q: I am trying to close on a home but my husband owes back child support, how do I get a release of judgment for the deed?
Peter J. Weinman
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answered on May 18, 2023

The way to get a release of judgment for back child support is by paying the back child support. If you cannot afford to pay the arrears, you may need to look for a way out of your contract, otherwise, the buyer may be entitled to sue you. This is something your attorney should have discussed... Read more »

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: What is the deference between the "DOMESTIC RELATIONS FINANCIAL AFFIDAVIT" vs "Child Support Worksheet"?

I am in the process of filing a CS modification and wanted to know which will be used to calculate the child support amount.

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 17, 2023

First, I would urge you to hire an attorney and not represent yourself in this case, unless you are going through the Division of Child Support Services for this modification. A Domestic Relations Financial Affidavit is a document that outlines a parents income, expenses, assets and debts. You... Read more »

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Was never notified of my court date so they sided with my ex husband to stop child support. What do I do

My ex husband never paid child support. We got arrears and he sued to stop it. He has three lawyers and we cannot afford one. So on our own we responded and waited for a court date. We never got one then were told today that it was yesterday so he won due to us being a no show. We tried telling... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on May 16, 2023

Your best recourse at this point is to file a Motion for New Trial. You have 30 calendar days from the date of the court hearing to file your motion. Once you file your Motion for New Trial, you should contact the Court Coordinator to request a new court date. You will have to provide your... Read more »

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How do I enforce unpaid medical/extracurricular from the noncustodial parent?

I've already filed late CS w DCSS and they told me I could not add these expenses--only the late child support. The noncustodial parent owes over 2k in medical/extracurricular and I cover the insurance for both children and have them 100% of the time. She also owes over 7800 in CS arrears.... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 16, 2023

Per your statements if there are arrears of $7,800 and over $2,000 in expenses owed, that is worth you hiring an attorney to file for contempt. An attorney can obtain a judgment for the funds owed, and they can also assist you with post-judgment collections. Because it's not just about... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: If I let my children visit their mother out of state for a month, is she untitled to give them back?

My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 15, 2023

If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... Read more »

2 Answers | Asked in Child Custody, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I have a petition for legitimation, custody and child support dismissed ...

On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??

I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 15, 2023

A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... Read more »

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2 Answers | Asked in Child Custody, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I have a petition for legitimation, custody and child support dismissed ...

On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??

I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »

Tessie D. Edwards
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answered on May 15, 2023

Unfortunately, you will not be able to get the petition dismissed based solely on the protective order being in place. The father has the right to legitimate the children and obtain legal rights and visitation (after the protective order expires) with the children unless you can show the court it... Read more »

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: What will happen with FL child support after leaving job to open my own business? Filed for modification so far

Child support was establish while still working a traditional job. I’ve saved up over time to open my own business to be able to spend time with my family, rather than 12-13 hour workdays 6-7 days a week. I requested a modification but am worried how the DOR will look at going from a high income... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 14, 2023

When a payor's income fluctuates then the court will look at an average over time. You are allowed to change jobs/ start your own business, but you will be expected to continue to earn at the same level moving forward. There may be a temporary decrease in your income which the court will... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Hello me and my ex have a son and we are co parenting but live sperated. Ive been paying her about $400 a month thro-

Through my bank for the past year to support my son. We are on great terms and communicate everything very well. I am concerned that the Texas laws won't allow me to do this over time and I wanna be sure I'm doing the right thing. She is in a serious relationship who is paying most of the... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on May 12, 2023

If you don't currently have a Texas court order regarding child support, you can continue to do what you are doing (i.e. paying through your bank account) for however long you guys want to do it. The State of Texas doesn't have any say in the matter.

However, if there is a Texas...
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1 Answer | Asked in Family Law and Child Support for California on
Q: I need a complete copy of the final decision on a family law case no funds but it’s for child support to reduce it total

It’s to take away all I owe do to a hardship the social worker gave me the papers but I can’t get the documents to support my case

James L. Arrasmith
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answered on May 12, 2023

To obtain a complete copy of the final decision in your child support reduction case, follow these steps:

Contact the court clerk to inquire about document access and any fee waivers for financial hardship.

Seek assistance from legal aid organizations or pro bono services in your...
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2 Answers | Asked in Family Law and Child Support for Florida on
Q: My ex wife want to hire a Nanny because she want to work only on weekends,while my daughter goes to day care on weekdays

I refused to pay the Nanny with my ex wife because she just home Monday to Friday while my daughter she's at day care 7 AM to 6Pm and she just want to work weekends , i find that's not faire , what does the law say about that ? Can I take her to court for this ?

Rand Scott Lieber
Rand Scott Lieber
answered on May 11, 2023

You need to review the parenting plan that was entered in your divorce. You do not mention how old the child is or what your timesharing arrangement is. For younger children daycare costs are normally a part of the child support calculation. If you do not currently have a daycare obligation then... Read more »

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