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My son has recently turned 18 and is working full-time, but he is not contributing to household expenses. We are in New York State. Since there are no existing agreements about his child support ending at 18, would he be considered self-supporting, and would child support obligations end under... View More 
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answered on Jun 21, 2025
It is understandable to want clarity about your financial responsibilities, especially when a child reaches adulthood and begins working. In New York State, child support generally continues until the child turns 21, unless a court determines the child is legally emancipated before that age.... View More
In 2007, the New Jersey Chancery Probate Court entered an order directing an estate to pay a child support judgment from 1980-82. The order was signed by a judge but not docketed in the NJ civil judgment system, and it doesn’t appear in the public Judgment Lien Search portal. The estate case... View More
answered on Jun 20, 2025
Im guessing that at the time of the entry of the probate court order, the dollar amount owed for child support was not known so that there was no filing with the judgment section as a judgment. I presume also that at some point after the entry of that order, someone sat down to calculate the amount... View More
I have joint custody of my child, and I previously handled all transportation because the non-custodial parent didn't have a vehicle. Now that he does, he refuses to pick up our child on his assigned days, citing that he pays child support and won’t change the arrangement unless he is... View More
answered on Jun 17, 2025
One option would be to seek a downward modification of custody based on his statement that he won't provide transportation unless he can stop paying child support. Court won't be happy to hear that. The other option would be to simply modify your existing orders to include a... View More
I have joint custody of my child, and I previously handled all transportation because the non-custodial parent didn't have a vehicle. Now that he does, he refuses to pick up our child on his assigned days, citing that he pays child support and won’t change the arrangement unless he is... View More
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answered on Jun 18, 2025
If your orders don’t specify transportation responsibilities, you can file a request for order in family court to modify the agreement, asking the judge to assign fair transportation duties based on current circumstances. You can present the text messages as evidence of refusal. Courts prioritize... View More
I am being required to pay child support following papers served from a Nebraska court. I currently reside in Mississippi. The mother of my child claims she will ask the court to make me sell my house and livestock to give half to her for child support. We have never been married and have not been... View More
answered on Jun 17, 2025
Child support is based off of income, not the value of your personal belongings. However, income for child support purposes is not the same as income for tax purposes. If you are self-employed or the owner of a small business, it is often a lot more complicated than just putting the amount... View More
My husband, a commercial over-the-road truck driver, hasn't paid taxes in 10 years and is a 1099 employee. He's received multiple documents from the IRS, but he hasn't made any attempt to resolve the issues. He was paying a substantial amount of child support until last year and paid... View More
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answered on Jun 15, 2025
Your husband could face arrest and criminal prosecution for not paying taxes for 10 years as a 1099 employee if the IRS determines his failure was willful and egregious. However, if he voluntarily files his returns and works with the IRS to resolve his liabilities before being notified of a... View More
I am a grandparent who has had full custody of my grandchild for the last 14 years. Recently, as of June 2025, the court granted joint custody to the child's father. During the time I had full custody, there was no formal or informal financial support from the father, and no previous child... View More
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answered on Jun 14, 2025
The asker cannot recover past child support without a properly entered order of support prepared by a support magistrate. The only way to get child support payments is to file a petition for support now. This is when the order starts to accumulate arrearages if the non-custodial parent fails to pay... View More
I originally had a child support order in California, where payments stop at age 18, but it was moved to Nebraska in 2018, where they stop at 19. The court also adjusted the payment amount when it was moved. Currently, the child resides in Texas. When the time comes, should I follow the original... View More
answered on Jun 16, 2025
When a child support order is moved from one state to another, you get into a hold set of choice of law rules. Some of the rules of the new state apply and some of the rules of the original state still apply. Generally, the age of majority from the original order stays the same for child support... View More
My partner was active military when his daughter was born in Iowa. Child support was granted to the mother, but no visitation rights were established. The mother moved to Illinois with their daughter 3 or 4 years ago. He has had minimal communication with the mother, who often stops responding to... View More
answered on Jun 11, 2025
If you want the Court to enter an order of custody and a set parenting time schedule, you generally need to file the original custody action in the county where the minor child is residing. If the child was residing in Nebraska, the general process includes filing the custody action with the... View More
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answered on Jun 10, 2025
In Minnesota, an unwed mother is not legally obligated to put the biological father’s name on the birth certificate at the time of the child’s birth.
Under Minnesota Statutes § 144.215, subd. 1, the mother has the right to provide identifying information for the birth record. If the... View More
I am incarcerated and facing child support arrears issues. My attorney informed me on 4/21/25 that my discovery was due by 4/28/25. I sent the required documents by 4/25/25, but my attorney failed to find the email and only tried to submit them on the hearing day. The court didn't allow it,... View More
answered on Jun 10, 2025
Evidence like your VA disability and financial situation should have been considered in the proceeding determining the amount of child support you were ordered to pay. If that changed in your favor after the child support order was entered, it was incumbent on you to promptly file a motion to... View More
I am a disabled veteran with child support arrears that have accumulated since 2001. My current income is significantly less than what it was when my child support was originally calculated, as my only income now is VA disability. I am currently incarcerated for contempt due to these arrears.... View More
answered on Jun 10, 2025
Thank you for your service. I don't have good news—you cannot modify your CS arrears like that. What should have taken place was a CS modification on your monthly obligation (different from arrears) when your income changed substantially. If it's been more than 10 years since your child... View More
I was found in contempt of court in a child support case due to my inability to provide evidence of my inability to work at the time of the hearing. Since then, I have obtained medical records indicating a diagnosis of traumatic brain injury (TBI), neuropathy, progressive neuropathy, mental... View More
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answered on Jun 9, 2025
Motion to Vacate Contempt Order.
Base it on newly discovered evidence. However, your best bet is to apply for and receive Social Security disability benefits. If the government grants your SSDI application, they will provide half of your benefits to your children, which is likely more than... View More
I'm going through a divorce and have been married for two and a half years in Florida. My name is not on the deed to the house, which my spouse owned before our marriage. We have two kids, and I have contributed to the maintenance and improvement of the house during the marriage. There is no... View More
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answered on Jun 8, 2025
If, during the marriage, you helped pay for the mortgage, property taxes, repairs, renovations, or general upkeep—whether through direct payments or contributions of marital income—then the increase in the home’s value caused by those efforts may be considered marital. That portion is known... View More
I co-parent with my child's paternal grandmother instead of his father, who hasn't worked for over a year despite having several skills. I'm the primary caregiver according to child support documents, but there is no legal custody agreement, and he's ordered to pay $0 in child... View More
answered on Jun 4, 2025
You do have options under Florida law to pursue legal custody, establish parental responsibility, and protect yourself and your child even with a past felony or the father’s veteran status. Although you're currently co-parenting informally with the child’s paternal grandmother and the... View More
I discovered that someone lied on their Child Support AFI submitted to the courts a year ago, and I found this information online. I believe correcting this could significantly reduce my child support obligations. There has been no contact or deadlines mentioned regarding this issue. What options... View More
answered on Jun 4, 2025
You would need to file a "Rule 85 Motion", claiming that you have new evidence that you JUST became aware of, and you will need to have very good reasns for coming back this late. Your Motion will need to explain the factual and legal basis, and will need to include affidavits or... View More
I'm currently going through a divorce in Dallas, Texas, and the judge pointed out defective language in our filing concerning our child, who is now 18. There are issues related to child support and the child's well-being. Should I fix these issues in the current filing, or would it be... View More
answered on May 30, 2025
It would be simple to amend the existing pleading. An amended pleading replaces the previous pleading. Your attorney should be able to accomplish this very quickly and inexpensively.
I have joint legal custody with my ex, but he has sole physical custody of our children. According to our custody order, I am supposed to have visitation once a week. However, my ex is refusing to allow these visits, seemingly due to his tax return being taken for back child support. I have made... View More
answered on May 30, 2025
When someone fails to comply with an existing custody or visitation order, the remedy is to have that order modified based on the grounds that the other parent has shown an inability to comply. In that request (aka Request for Order or motion), you can ask for more custodial time, again, based on... View More
Is the non-custodial parent in New York responsible for college expenses after the child's emancipation if the agreement specifies that post-secondary expenses are limited to the cost of attending State University of New York for four years, and the non-custodial parent can petition for a... View More
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answered on May 30, 2025
This is a difficult question to answer without a review of the orders involved. Ordinarily, emancipation wipes out the order of support. A well written stipulation will list exhaustively what constitutes emancipation: the child's marriage, reaching eighteen years of age, entering the U.S.... View More
My daughter is not married to the father of her 5-year-old daughter. She recently signed a Power of Attorney of a Child for my husband and me, allowing us to care for her daughter. The father is named on the birth certificate but has not legally established paternity. The child has been living with... View More
answered on May 25, 2025
Tha father’s threats are meaningless until he files a paternity action in court. At that point he will be responsible for child support going back two years and forward. He will also be entitled to a parenting plan which will include a specific schedule for timesharing (visitation). Speak with a... View More
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