I also have a child from a previous marriage that I care for and we have a new baby together. (3 kids total) He has been consistently paying $600 a month for 5 years. His ex wife now wants to increase the amount because he is remarried to me and wants my income taken into consideration to increase... Read more »
What the ex wants and what she will get are two different things. Your income does not factor into the calculations for his child support and your income is not a basis for modification (if everything else has remained the same). However, your new baby together may possible lower his obligation...Read more »
They hold little (or no) weight when it comes to child custody as the court needs to independently determine what custodial schedule is in the child's best interests. However, to the extent that the parties ended up FOLLOWING the agreed upon schedule, the court can use this information and...Read more »
If she is breaking agreements then you likely need a court order. Violate a court order and the punishment aspect can be a lot more severe. As to child support, that is a simple guideline formula based on incomes and it is difficult to deviate from what the guidelines say. Your best bet is to...Read more »
I'm a little hesitant to answer this question as I'm not certain what you mean you say "calendar court," and because each county does things a little differently. That said, what I think you are referring to is simply the date where the parties come before the court and pick...Read more »
I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.
To the extent he isn't paying, any efforts on your part to have...Read more »
I’m trying to determine if Worksheet A or B should be used to determine the amount of child support I pay. Based solely on the weekly custody schedule in my consent order, my sons spend 120 overnights with me/year. But if you factor in holidays and vacation time also defined in the consent order,... Read more »
A properly drafted consent order should have already properly calculated child support. However, what worksheet you use is based on what type of custody you have. Since we do not know that, we can not answer your question. You should likely consult with a local family law attorney if you want to...Read more »
Most people who think of themselves as 'paralegals are really nothing more than administrative assistants at best and secretaries / receptionists at worst. However, bonafied paralegal or not, she likely does have some upper hand due to her potential connections but it is highly unlikely...Read more »
I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... Read more »
Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For...Read more »
I am in a custidy battle. I have 2 children, each have a different father. With my youngest son, I tested positive for drugs when I gave birth and a CPS case was automatically opened. Everything was fine with the baby at birth and at home, the home visits went well, I wasn't found to be... Read more »
I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both.t He voluntarily agreed to pay child support to me, and that order lasted a few... Read more »
Asking the question in a different way isn't going to yield different results. Without seeing the paperwork, our best guess is going to be - who knows. You say the child support was voluntary but then mention Orders and Motions -which indicates you likely are not using the correct...Read more »
I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both. However, at one point he was voluntarily agreed to pay child support to me, and... Read more »
Typically jurisdiction is where the child has primarily resided for the last six months. If you had court ordered child support, the order likely would have stated where jurisdiction is and that would likely still be proper assuming the child did not primarily reside anywhere else for more than...Read more »
Doing your own legal work when you are not an attorney is the functional equivalent of attempting to rebuild your car's transmission if you are not a mechanic. So your best bet would be to hire an attorney. Essentially, you file, calendar and serve a Motion to Change Venue then appear at the...Read more »
The best step would be to consult with a local family law attorney as they would be able to give you the best advice. That said, it appears like you need to file a child custody action in your county and either come to an agreement on custody or have it heard before a judge. I don't practice...Read more »
My ex told me after we broke up that she was pregnant and that her unborn child was mine and that there was absolutely no one else who could be the child's father. I took her at her word and when the child was born, I signed the birth certificate. We never got back together but I would see the... Read more »
The short answer is - yes. If you don't want to be on the hook for child support, you will need to take steps to have paternity determined and to have child support stopped if it has been court ordered. Your best bet is likely to consult with a local family law attorney who can review you...Read more »
We have a contested separation agreement which defines us as sharing 50% custody. Her older sister who is 16 has also been with my ex-wife since we separated. My ex has pretty lax rules compared to me. I had to get these two and a friend released from Cary Police custody because they were... Read more »
My ex and I have a son together and she and I agreed that I would pay the power bill at the house she is in in lieu of child support. She is in a house with 10 people now. I only have legal obligation to one person in that house and that’s the minor child. My question is, if I pay the full amount... Read more »
You really should just pay whatever amount of child support you are required to pay under child support guidelines and then you would not have to be concerned with these other petty issues. That would likely be a significant burden you'd no longer have to be concerned with. As to what say...Read more »
It's certainly illegal based on the COVID-19 rules to stay home unless you are an essential worker or going to an essential workplace, such as a grocery store, to conduct business.... Regardless of your age.
Where in NC? you can hire an attorney in NC in the locale of the case and they can file the motion to suspend or terminate support. You would need documentation that you are not the biological parent and even with that there may be issues that bar you from raising paternity as a defense if you...Read more »
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