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Child Support Questions & Answers
1 Answer | Asked in Child Support for Alabama on
Q: How do I file a petition for a child support order that is in arrears for an adult child with DHR in Alabama?
Sheila Crumley Field
Sheila Crumley Field answered on Sep 22, 2020

Go to DHR they will handle it for you.

1 Answer | Asked in Child Support for Illinois on
Q: I received a petition to determine the existence of the father and child relationship what happens now?
Cheryl Powell
Cheryl Powell answered on Sep 21, 2020

You should respond to the petition. File your response with the circuit clerk. See a lawyer.

This petition likely concerns parentage, parenting time, parenting responsibilities, child support and who claims the child on taxes. It could also be about health insurance and health expenses...
Read more »

1 Answer | Asked in Family Law and Child Support for Kentucky on
Q: Mother could not be located and child support was never established. Child is now 30. Can the court issue an order now?

My husband's mother sent him off to live with his extended family in KY when he was 14. He is now 30. We believe she signed a power of attorney granting her sister the ability to make decisions related to her son. My husband's mother has been moving from state to state and he had almost... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

No. There is no case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Child support payments were made to caregiver after child was thrown out. Any way for the child to get the money now?

My husband's mother sent him off to live with his extended family in KY when he was 14. He is now 30. We believe his mother signed a power of attorney granting her sister (my husband's aunt) the ability to make decisions related to her son, and guardianship was never officially... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

No. The statute of limitations ran on that cause of action about 11 years ago.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: How can I get the father off of my daughters birth certificate if I can't find him.

My ex husband faked an at home paternity test when my daughter was 3. I never questioned it since it was a way to get him out of our lives. He's had no contact with my daughter since. Now my daughter is 13 and wants to know for sure that he is her father and to have him removed for her birth... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

You are looking for advice on a very complicated matter that requires the assistance of counsel. I highly suggest you reach out to counsel in your county/city to discuss your options. Counsel can provide several mechanisms for locating him that you may not have at your disposal. And your case is... Read more »

3 Answers | Asked in Child Support, DUI / DWI and Family Law for California on
Q: My ex has 2 DUI from not long ago and i just filed for child support. He claims this will send him to jail, is this true

Our child is currently one and throughout this time the father only shows up to see him 2-3 times a month for about 15 minutes. The financial support is in the form of formula and diapers and almost always comes from the fathers dad. I filled for child support and he is claiming that due to his two... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2020

Unlikely that your filing a Family Law request for Child Support (current Child Support) will send him to jail. If he were in contempt of Court Orders for Child support and this became a DA matter, possibly.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Child Support for Maryland on
Q: My daughter turned 18 last year but graduated HighSchool in June. The IWO hasn't been adjusted though.

I was under the impression from correspondence that this would be automatic. When I contacted OCS I was sent a mod document which is more than I thought was necessary. Every time I try to call their 800 number for AA county it's busy. Not sure what I should do, filling out a full financial... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 21, 2020

It is not automatic. The court/ child support enforcement is not watching to see when a child turns 18 or graduates high school. You must file with the Court to terminate (modify) the support. It is only retroactive to the date of filing -- not the date of the child graduating high school so... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Establish paternity for child support father not on birth certificate does he have any rights of the child
Rand Scott Lieber
Rand Scott Lieber answered on Sep 21, 2020

If you were never married, the mother has full timesharing (custody) rights to the child until the father goes to court on a paternity action. An administrative order that determined paternity and established child support does not automatically address timesharing (custody). The father's name... Read more »

1 Answer | Asked in Child Support for New York on
Q: What happens if custodial parent refuses to show their finances to the court for child support ?

Custodial parent refused to show his income and the non-custodial parent was homeless and unemployed at the time. DSS filed against non-custodial parent on behalf of the custodial parent. Non-custodial parent was ordered to pay $90 week and the custodial parent received money from DSS for the... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 21, 2020

There is an old expression, "the law is an ass". In this case it is very applicable. The law requires both parties to produce their financial affidavit, but there is no penalty to the custodial parent for not doing so. Since basic child support is, in reality, based on the non-custodial... Read more »

1 Answer | Asked in Child Support for Louisiana on
Q: If one spouse owes child support and money owed for not paying past bills, how is that money recovered? Paycheck?

Basically, if both parents just agreed to child payment and money owed for splitting up bills (Spouse who will be paying child support had not been paying any bills) are the wages garnished from the paycheck and how much is garnished?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 20, 2020

Your attorney has to file a Motion for Contempt on the Child Support, and file to set the Partition of Community Property for trial.

1 Answer | Asked in Domestic Violence, Child Custody and Child Support for California on
Q: We’re can I find pro bono attorney I all ready got restraining order but regardless courts allowing baby daddy rights

Although federal courts agree he’s a risk to our daughter but now I have to battle custody wen he’s a stranger to my daughter

Dale S. Gribow
Dale S. Gribow answered on Sep 20, 2020

MORE INFO NEEDED

CONTACT LEGAL AID IN YOUR CITY.

I WOULD ENCOURAGE YOU TO WRITE OUT A DETAILED SUMMARY OF THE FACTS AS "FREE LAWYERS" DON'T ALWAYS HAVE A LOT OF TIME. BY WRITING THINGS OUT THE LAWYER DOESN'T HAVE TO PLAY SECRETARY.

I SUSPECT YOU MAY HAVE...
Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: I am the mom. How can I transition from supervised visitation to sole custody of my son? His father is a domestic abuse?

I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 20, 2020

Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For... Read more »

1 Answer | Asked in Child Support for Georgia on
Q: Who does the arrears belong to the mother or child?

My ex owes me CS from 2001 through my daughters date of adoption by my current husband which took place in April 2007. My daughter is now 20 years old. I’m wondering does the arrears belong to me because she thinks it belongs to her. Her biological dad and my daughter wants to take me to court.

Regina Irene Edwards
Regina Irene Edwards answered on Sep 20, 2020

The arrears belongs to you. There is nothing they can take you to court for.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: how can I get custody without the other parent paying child support if we both agreed? Is it possible to get it to $0

We both don’t want each parent to pay support. But agreed on parent plan

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

You can ask the court to set the child support where you and the other parent are generally charged with supporting the child(ren). You do have to be able to justify not paying support to each other though.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Child custody/support and relocation

My job is relocating me out of California and my ex wants to move to the same state so the kids don't have to travel for visitation. We have joint custody. Is the child custody and support order issued originally in California still in effect if both parents no longer live there? Would an... Read more »

Shawna Murray
Shawna Murray answered on Sep 18, 2020

Yes, the child custody agreement is still in effect even if you both move out of California. You can and probably should register the California child custody agreement in the new state's court system. I recommend that you consult with an attorney in the state where you have relocated to get... Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: I would like to know how and if there is a way to address current child support order.

I struggled to obtain a well paying job last year, I was let go once and I was out of a job for a few months, currently with COVID my income was affected. The first child support order was at $345 when I was consistently earning a decent income, but I no longer work there and my hours fluctuate,... Read more »

Peter W Davis
Peter W Davis answered on Sep 18, 2020

Child support can be modified in Arizona at anytime upon a showing of substantial change in circumstances. This can be done by one of 2 methods, a simplified modification where you file, serve the other party and if they don't request a hearing the Court orders your modification. There is a... Read more »

1 Answer | Asked in Child Support for Louisiana on
Q: Will I be arrested and jailed for a child support warrant although I have paid for the past 18 months?

I learned from my case worker that I had a warrant from child support court. This is after he approved my driver's license reinstatement after seeing that I had been working and paying on arrears for 18 months which cut my arrears in half (from $13k to $6k owed at present). The license... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 18, 2020

Hire a child support lawyer.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My daughter just turned 18 08/28/20. Due to COVID she will not go to college this semester can she still receive suppor

She plans on attending school when i go on mydhr it’s looks like the case has been closed. Was I to contact someone to let them know she does plan to attend. She has applied but not ready to take that risk

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

If you are referring to child support, that usually ends when the child graduates high school at 18/19 years old.

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: Hello, I’m currently dealing with a child support case for my 2 children. The non custodial parent is “self employed”

and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex-wife was recently laid off due to COVID. Will this affect what I pay in child support?

No motion has been filed to make modifications to current child support. I just want to know what might potentially happen.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

No modification can be effective before a motion is filed with the court. Generally, a wage earner is expected to continue to earn at the same level as they have historically, even if they lose their job. If you are the payor and her income decreases it could actually mean that you pay less, not... Read more »

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