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 »
Yes. If you have temporary physical custody of your child by virtue of a court order, you can be taken off child support. The temporary order should order that, but if it does not, contact your DHS case worker and provide her with a copy of the order showing that you have temporary physical...Read more »
He has like 5 other child support cases but his oldest two kids are grown. My child is 10. He feels like as long as I have him on child support through dhs he doesn’t have to do anything else so he wants me to close my case so that the arrearage won’t add up. He keeps changing jobs and... Read more »
First, if you drop the case with DHS, the arrearage will continue to accrue. Second, generally, child support is based on a net income figure for the paying parent and any previously court-ordered child support, not the number of children he has. If his older children have emancipated, they cannot...Read more »
I really don't have enough facts to be confident about my answer. However, I am assuming you meant that the IRS took your refund. If either joint filer has a back child support issue, any refunds can be confiscated by the IRS. I don' t believe that the IRS will release the confiscated...Read more »
If the emancipation is due to the child reaching the age of 21, there is really nothing for you to do. If the child support is being taken out via a withholding order and/or DHS is collecting the money each month, you may want to contact that agency to ensure that they are aware that the child is...Read more »
Your boyfriend is probably paying off an arrearage in child support. Child support in Mississippi becomes vested once due and cannot be forgiven. However, the courts can give credits against the debt. If it is an arrearage, then he is basically on the hook until it is paid off.
There is no recourse for you against anyone. But your Parents probably took the property as heirs at law under intestate succession. You may want to hire a competent attorney to search the title and determine heirship. Then you record an Affidavit of Heirship in the County Records. That will...Read more »
Yes; since the child is living with you, it is in your best interest to notify DHS of the change in living arrangement and petition the court to suspend child support so that you will no longer be paying.
I have been to court with her biological father 4 times he has never been on thebirth certificate And we are waiting on the district attorney To pick up a felony charge for the $43000 back child support he owes now at 7 the child wants to live with my mom Does that mean at that point that my mom is... Read more »
Once the back support becomes due, it is vested. It cannot be forgiven or waived. You would still be entitled to the back support if he was ordered to pay you in the court order. If you allow your child to live with your mother, she should receive it because you would no longer have the child and...Read more »
they are going off of my income from YEARS ago. and i no longer work due to health problems. i was counting on the stimulus to pay my bills but i got a paper saying they took my taxes due to child support. when i look on the website it doesnt give me any answers just more run arounds
You need to file for a modification of the last court order requesting a decrease in your child support amount. You will have to show a decrease in income since the entry of the last order that was caused by circumstances beyond your control. In other words, you didn’t voluntarily quit your job...Read more »
The letter means that DHS is attempting to collect a debt of past due child support only, not current support. Also, the agency is not reviewing the file in an effort to increase the monthly support amount.
Yes. Your children’s emancipation (turning 18 usually) has no bearing on past support not paid. Child support will be collected until paid in full or waived by the paent receiving. Keep in mind that some states charge interest on the principal amount and the debt is not paid until both principal...Read more »
It's really going to depend on the language in the child support order; however, since your son has reached the age of majority, he will need to sue his father for the back child support within a certain time frame, otherwise he will not be able to collect the back child support.
We have made a divorce settlement that isn’t signed yet. I’m thinking I don’t want to sign it after all. I don’t like the custody arrangement and his lack of paying child support. If I sign it, I know I have to wait until there’s a material change to readjust custody arrangements, but do... Read more »
Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would...Read more »
Yes. Your children (or you acting on their behalf) have until their 28th birthday to initiate an action against your ex to collect the arrears, otherwise the balance may be wiped clean. I would highly encourage you to reach out to a family law attorney as soon as possible, so that an action can be...Read more »
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