Visitation and child support are separate issues. The lack of visitation does not mean no child support is owed. Conversely, withholding of visitation does not relieve the parent of the obligation to pay support. If the parental rights of the parent are terminated by court order, the obligation to...View More
Paternity would need to be established before filing against him for child support. Once the Court determines he is the biological father, child support may be awarded based on a certain percentage of the father's adjusted gross income. The percentage will depend on how many children are involved.
Name was changed and all. DHS keeps taking money out of my brothers paycheck. If he was adopted after my brother signed over his rights, would DHS get a copy sent over once he was adopted to stop taking money out of his checks? And if not, how could they change the child’s last name without being... View More
DHS would not automatically receive a copy of the adoption Order. If your brother has a copy, he should take them a copy or contact the caseworker and them that one was entered. However, if your brother was behind on his child support at the time of entry of the Order, he is still responsible for...View More
Your question answers itself. One reason that a child support case would go to court IS because the mother requested support. It has nothing to do with the age of either parent. The second reason that a child support case would go to court is because the mother received benefits from the State,...View More
My daughter is 19 and my son is 22 i still have to pay child support to they mom, my children live together in Iowa I live in Mississippi and my children's mom lives in Florida my children get no support from their mom. My children have been living on they own for 1 and 1/2 years now. My son... View More
Because your children are living independently from your ex-wife and your son is over 21, you should petition the court immediately to stop the child support and grant you credits toward any arrearage for the months that they have been living separately from her. They will not do this...View More
I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... View More
His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.
I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... View More
They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of...View More
Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.
Not necessarily. If your child support order specifies an amount for each child, I.e., $200 per month per child for a total of $400 per month, then you would be safe to reduce your child support by the amount designated for the child that has joined the military, if he/she has joined the full...View More
I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.
The mother is extremely irrational, irate, and narcissistic. Child is being held over the fathers head and used as a tool to emotionally attack the father. The father is being stalked, harrsssed and bullied online by thousands of people.
A father can voluntarily relinquish his parental rights; however, none of the reasons you have given would allow for a termination. The reasons may be a reason to change custody of the child to the father if he is suitable in other respects. However, if the mother agrees to the termination, the...View More
If your child reaches the age of 18, graduates from high school but does not go on to college, and becomes employed full time, you should file a motion to terminate your child support. More than one emancipation event will have taken place; however, an attorney cannot tell you will 100% surety that...View More
I hired a private lawyer in 2020. July 2021 our court order was signed by my childrens father. His payments are suppose to come out his check through the state from his job. But it’s been one whole year and the payments are still not right. I have been to the child support office almost every... View More
You would probably do better to take all of your paperwork to a private attorney and let him/her review it. The private attorney will be better able to spend the time on trying to determine what is going on with your case. If the court order states a specific amount each month for current support,...View More
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...View 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...View More
For my 20 yr old full-time college student, I receive child support through the state and estranged husband maintains health insurance for her and 23 yr old son. Do Iist the 20 yr old as a minor as the MS age if majority is 21?
You should hire an attorney and file a contempt action against him for failing to comply with the court order. You would ask for payment of the arrears, incarceration of the other parent, and reimbursement of attorney’s fees, court costs, and other expenses.
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