One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the...Read more »
abandonment in the state of MS, and the non-custodial parent is willing to sign them, but the children aren’t being adopted by someone else, will the non-custodial parent still be required to pay child support after they have relinquished their legal rights?
No. Once the parental relationship is terminated, all obligations cease. The exception is that if the non-custodial parent had accrued a child support arrearage prior to the termination and a contempt action was brought to recover those funds, the arrearage is still owed.
You have to look at the order regarding how he must pay the child support. more than likely there is not a requirement to pay lump sums in specific intervals, except for the monthly support amount. The question is have you had him cited for contempt. If he is not paying and is this far behind, you...Read more »
My child is 7. Has never seen her “father”. We just finalized court, he terminated his rights, I agreed. Everything is sealed and done. But I did apply for food stamps. I received a letter: Notice of Right to Request Review. I’m not sure what to do at this point considering rights are... Read more »
The outcome will always depend on the Judge and the facts of each case. However, I can tell you that if child support is not paid as ordered then the Judge can order the back support paid, order the payor to reimburse attorney’s fees and any costs, order the payor to jail until the amount is...Read more »
He signed a petition of what he was ordered to pay. As of today there has been no payments made and the order has not even been filed at chancery court bc they keep saying it has to go before a judge for signature
I am going to assume that you went through DHS to establish paternity and child support. If the Order was signed by all parties in July, 2021, there is no excuse for the delay in presenting it to the Judge. You should contact the attorney handling the paternity action and make a demand that the...Read more »
My son will be 19 yrs old in January and is currently in college; however, he may not be next semester due to him joining the military. Does joining the military automatically emancipate him and child support stops or will I need to file a modification to end the child support and show proof of him... Read more »
A complaint would need to filed with the court asking that he be found in contempt and asking for the back support, attorney’s fees, and expenses. The court can order that he be incarcerated, as well, but whether or not you receive the full amount in lump sum depends on how much is owed.
My divorce papers state that my ex husband is supposed to have insurance on my children and pay extra expenses for any extra curricular activities or expenses. My daughter has had braces twice and I’ve paid out of pocket neither him nor his insurance has paid anything and my son is taking college... Read more »
Will this retirement be considered voluntary if it's for the 30 years which is the benchmark retirement year? I will be 55 years old at that time. I'm also in bad health with multiple issues with my spine and knee and severe anxiety.
Yes, you can ask for a reduction of child support at retirement; however, it will not be rubber stamped. The court will look at several factors while making a decision to grant or deny your request, e.g. your age, your health, the reason for the retirement, your ability pay, whether you can/will...Read more »
My mother has been getting child support for me for years. My father still has quite a bit of back pay remaining. I no longer live with my mother, am over 18. She still has the card that the child support money is deposited on and is using it for her own needs. Even when I was living with her she... Read more »
I cannot tell you that it is impossible to do what you are asking; however, I can tell you that I have not seen it happen in the 20+ years that I have been practicing. MDHS is going to assume that your mother used her funds to support you during your minority; therefore, the arrearage amount is...Read more »
A lawyer is not required to be retained for a parent to terminate her parental rights. Likewise, your husband could perform his own vasectomy without a doctor if he chose to do so. But he wouldn't do that, of course. Believe it or not, a parental termination case is just as serious as a...Read more »
This is a terrible situation. I am assuming the two children are also your friend's husband's children. There is no law prohibiting her travel out of state with her children. If Michigan is where she has friends or family, that is the logical destination for her on a temporary basis. If...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.