Child Support Questions & Answers

Q: grandparents filed emergency custody against both parents and now pursuing child support from father but not mother.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Answered on Nov 18, 2017

In response to your question, although the court can't order mother to move from her parents home. They can require her to pay child support for the children. The grandparents can't pick and choose who to go after for child support payments. Mother who has unstable job history and substance abuse issues may not be able to pay more than a minimum amount of support for the children. There was a recently case decided by the Court of Appeals of Maryland,Burak v. Burak, 455 Md. 564, 168 A.3d 883,...
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Q: My son lives with me but his mom wants child support! Will it be granted to her?

1 Answer | Asked in Child Support for Alabama on
Answered on Nov 18, 2017

Have you ever been to Court over this? A judge will have to adjudicate paternity to you before mom can even begin to ask for child support. If the child lives with you she will not be successful in having you pay support. If you and the child have lived in a state other than Alabama you should go to the court in the home state of the child to deal with issues of paternity, support and visitation.
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Q: Would you still be liable for child support if you give up your parental rights in Alabama?

1 Answer | Asked in Child Support for Alabama on
Answered on Nov 17, 2017

You might be. Many people believe that you will not be liable for child support after your rights are terminated. THat is not true. You CERTAINLY will be responsible for past support. THe way out is to make sure the child is adopted and not a burden on the state.
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Q: The judge didn't include my child support payments for my other children at the hearing. What can I do?

1 Answer | Asked in Child Support for Colorado on
Answered on Nov 17, 2017

More information is needed to answer your question, including as relates to the judge. If a magistrate, you will have to file a petition for district court review of the magistrates order, pursuant to Colorado of Magistrates Rule 7. If a judge, you would file a motion to amend the order pursuant to CRCP Rule 59 or seek relief from the order pursuant to CRCP Rule 60. If a judge, it's highly unlikely he/she would overturn his/herself. As such, you might have to file an appeal, which is a...
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Q: I want to take out life ins for my ex that I have children with. He is refusing to sign the papers, what are my options?

2 Answers | Asked in Family Law and Child Support for Florida on
Answered on Nov 17, 2017

If your settlement agreement says anything about life insurance then that is the first place to look. If he has a child support obligation then you can request through the court that he have enough life insurance to secure his child support obligation. It may be too late to force hime to get a policy that you pay for. That is something that could have been included in your original settlement agreement.
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Q: Is it legal for my step dad put me on child support for my own children?

1 Answer | Asked in Child Support and Family Law for Alabama on
Answered on Nov 17, 2017

You are going to have to provide more details than this before I can answer
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Q: If my childs father has been absent from his life for 6 years, can i refuse the DNA tests for his rights ?

1 Answer | Asked in Child Custody and Child Support for Ohio on
Answered on Nov 17, 2017

You must comply with any order of the court, or you can be held in contempt. But the court can consider his absence in determining what sort of future involvement the father might have with the child if DNA proves him to be the father, and the court will likely also order him to pay child support.
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Q: The non-custodial parent has voluntarily taken a lower paying job and is modifying child support. Can the order change?

1 Answer | Asked in Child Support for Maryland on
Answered on Nov 17, 2017

The child support under the current order remains due and owing until changed by another Order. The other person still has to pay the full amount currently ordered. If they do not, they can be held in contempt. Taking a lower paying job without a good reason, may not result in a lower child support amount. You should consult with an attorney about your options.
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Q: I am a dad trying to change from Joint Legal/Primary Physical to SOLE custody?

1 Answer | Asked in Child Custody and Child Support for Alabama on
Answered on Nov 17, 2017

You can petition the Court to modify custody, but you must carry the McClendon Standard to show that the mother should not see her child. You can certainly go back to court and ask for child support. You will get that, unless she is disabled.
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Q: How do I proceed if I need to modify my cs order to include things previously left out that have become an issue?

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Answered on Nov 16, 2017

You can go back to court to attempt to have him pay half of the uncovered medical expenses. Rule 32 anticipates health care expenses, but does not apply to extracurricular activities. You probably will have no luck there. His impression that you mention is basically correct. You can modify support if his income has increased by 10 percent or more. Hire someone to help you with this. Mobile county Courts are difficult to navigate without counsel on these issues.
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Q: Do bank statements have to be provided in child support hearing if they're from a joint bank account?

1 Answer | Asked in Family Law and Child Support for Florida on
Answered on Nov 16, 2017

You can file a motion to limit the information that must be disclosed (Social security number, etc.), but you should be clear about what your concerns are (are you afraid that the ex might try to steal your identity, and if so why are you so concerned?): in general he is entitled to discover how much money is available to her.
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Q: My child support case was closed due to my daughter reaching 18 in Sept of 17, however she is still in HS

1 Answer | Asked in Child Support for Florida on
Answered on Nov 16, 2017

You need to read your original settlement agreement. If it does not say otherwise then child support can terminate on the 18th birthday.
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Q: I have been out of work for 7 months, due to moving. How much child support will I owe? I notified her a month in advan

1 Answer | Asked in Child Support for Alabama on
Answered on Nov 16, 2017

You owe whatever the order says you have to pay. You don't get to stop paying child support because you are not working -- unless you get a court order relieving you of that obligation.
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Q: If the farther of my child is married to someone else and was at the time of conception and birth, what is his rights?

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Answered on Nov 16, 2017

If he is the biological father, he has parental rights. He would have file a court action to establish paternity in order to have those right formally recognized, usually after DNA tests are done to prove he is the father. This would also include the duty to pay child support, but just because he is married to someone else does not prevent him from asserting those rights. You should consult an experienced family law attorney to assist you.
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Q: is there a way to make it to where you don't have to pay child support for your spouse or count your income towards it

2 Answers | Asked in Child Support for Colorado on
Answered on Nov 16, 2017

Your income is not counted in calculating your spouse's child support obligation (for a child that is not your child). Also, you have no obligation to pay your spouse's child support obligation.
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Q: I'm trying to get a divorce in Chicago and I would like to know : Is child support mandatory even if I don't want it?

1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Answered on Nov 16, 2017

The court is mandated to order child support even if you don't want it. After all, how's the judge to know your spouse isn't strong arming you to waive child support. You can always give it back to him if you don't want it, but the judge has to order it.
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Q: I'm behind in my child support but paying what I can is it likely that state of Tennessee will still give me jail time?

1 Answer | Asked in Child Support for Tennessee on
Answered on Nov 16, 2017

Its impossible to say based on the limited info you've provided. How far behind are you? How much do you earn and what are the other expenses ( child support is number one) ? do you have a history of getting behind and then catching up? Its not possible in this limited question/answer format to discuss and evaluate your exposure. Contempt of court ( jail) must be willful or intentional. The other side must prove you had the ability to pay and you decided not to pay or to use the money for...
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Q: Can I file for emergency custody in New Jersey if my child is a resident of Missouri?

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Answered on Nov 16, 2017

Hello and thanks for your question. I'm sorry you and your child are going through this very difficult situation. I strongly suggest you go and talk with a family law attorney because more details about your family and your existing court orders is necessary in order to give you specific advice.

Generally speaking, a court in New Jersey can take emergency jurisdiction if the child needs immediate protection from threatened or actual mistreatment or abuse. This certainly may be the case...
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Q: Can a judge force me to pay child support for my child that was taken out of state without permissher mom has a warrant?

1 Answer | Asked in Child Custody and Child Support for Michigan on
Answered on Nov 16, 2017

You have an obligation to comply with the Court Order for Support until another such order is entered. I suggest you retain an experienced family law attorney to file a Motion to Suspend Support and to require her to bring the child(ren) back if that's what you want. Again, much could depend on what your Judgment states and how long she's been out of the State of Michigan with the child(ren). All Judgments are to state that the domicile or residence of the minor child(ren) cannot be removed...
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Q: My daughter turned 18 in August and is a full time college student is my ex husband still obligated to pay child support

2 Answers | Asked in Child Support for Virginia on
Answered on Nov 16, 2017

The law in Virginia is that once the child turns 18 and has graduated high school, there is no more obligation to pay child support or share any expenses for children, unless they are disabled and were disabled prior to becoming 18. If you have a written Agreement with your ex-husband that states otherwise, then there may be an obligation on your ex's part.
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