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Child Support Questions & Answers
1 Answer | Asked in Criminal Law, Divorce and Child Support for Michigan on
Q: Can a father take back a phone and watch that were Christmas gifts or file a stole property report?

What are the laws in Michigan about receiving gifts, then asking for it back and being threatened to file a police report that’s it’s stolen property? The kid is 18 and the father is enraged that I filed for a support review for my 14 year (it’s been 10 years since the last order, oldest... View More

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

Generally, once a gift is given, it's the receiver's property. Unless the father has some evidence these items were stolen, he's risking filing a false police report - which is a crime itself - once the police investigate and find he actually gave those items and now just wants them back.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Seeking Court Order for Child’s Screen Time and Sleep Schedule?

I am seeking advice on obtaining a court order for the following conditions concerning my 4-year-old autistic child due to concerns about my ex-spouse’s smartphone addiction. so, can I request these order below during the next RFOMOD custody hearing:

1) Limit exposure to mobile devices to... View More

James L. Arrasmith
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answered on Jun 17, 2024

In California, courts make decisions about child custody and visitation based on the best interests of the child. When a child has special needs, such as autism, the court will consider those needs when making orders.

To request the specific orders you mentioned during a Request for Order...
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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How can I fire a lawyer he had not responded to me in one month? Any example letters? I paid 50% of a flat rate upfront.

The payment was in two more payments. However, after no progress on my case for a month I communicated that I need to know what work has been done on my case. The law firm then notified me that they had hired a fraudulent lawyer to work on my case that they now fired. However, when I asked for my... View More

Regina Irene Edwards
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answered on Jun 17, 2024

You can terminate representation for any reason. It doesn't have to be fancy. You can just send an email saying "I no longer wish to work with you as my attorney. Please stop work on my case and I am hiring someone else. Thank you."

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Court order for child's screen time/sleep due to co-parent's smartphone addiction?

We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More

James L. Arrasmith
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answered on Jun 16, 2024

Under California law, the court's primary concern in child custody cases is the best interests of the child. This includes ensuring that the child has a safe, stable, and nurturing environment, which can be negatively impacted by excessive screen time or inadequate sleep.

While there...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Court order for child's screen time/sleep due to co-parent's smartphone addiction?

We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 16, 2024

There is no "device" you can use to monitor the child's sleep. You can get court orders however regarding a 4-year-old's use of a smart phone all together, regarding bedtime, and regarding bedtime routines, and regarding time spent on the smart phone whether playing games or... View More

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2 Answers | Asked in Child Support and Family Law for California on
Q: Is child care part of child support? Or is it considered an add on?

Ex feels he gives me more than he should. My son lives with me and his father picks him up for 3 weekends out of the month. He gives me $800 a month. Helps pay private school which we go half on. Has him under his health plan which I’m sure he pays about $360 a year for. He’s union. Our son is... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, child support typically includes basic living expenses for the child, such as food, clothing, and housing. However, child care costs, especially those necessary for the custodial parent to work, are considered an "add-on" expense. These add-on expenses are usually... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: If I don’t show up for my court ordered parenting pick up what will happen?

Unfortunately my child mother is a very petty individual. I gave her a month notice that I’m going on vacation dates and times and she’s basically telling me no you need to be here. Vice versa whenever she’s had a vacation, I’ve gladly taken the kids during my non-parenting time. She has... View More

James L. Arrasmith
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answered on Jun 13, 2024

Not showing up for a court-ordered parenting time exchange could have serious consequences under California law. Here are a few key points to consider:

1. Contempt of court: Failing to comply with a court order, including a parenting time schedule, can be considered contempt of court. This...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: The petitioner wants to close a custody case that hasn't been decided due to stress does that stop child support?
James L. Arrasmith
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answered on Jun 13, 2024

Under California law, closing a custody case that hasn't been decided does not automatically stop child support obligations. Child support and child custody are separate legal issues, although they are often related.

Here are a few key points to consider:

1. Child support is a...
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2 Answers | Asked in Child Support, Divorce and Family Law for California on
Q: If my spouse didn’t respond after being served can I continue the process

What my next step if my spouse hasn’t responded to the divorce paperwork

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 12, 2024

If it's been more than 30 days since spouse was served and he/she has not served or filed their response to the Petition, you can proceed with a Request to Enter Default. Once default has been entered you can proceed to the next step (financial disclosures), then to judgment (unless trial is... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for California on
Q: If my spouse didn’t respond after being served can I continue the process

What my next step if my spouse hasn’t responded to the divorce paperwork

James L. Arrasmith
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answered on Jun 12, 2024

If your spouse has not responded to the divorce petition after being properly served, you can proceed with a default divorce in California. Here are the steps you should follow:

1. Wait for the response period to end: In California, your spouse has 30 days to respond after being served if...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Respondent filed amended responsive decl just 4 days before the hearing?

This is divorce case. I filed Motion to Set aside in Feb, and Respondent filed responsive declaration in March and I filed my reply in May. I believe I rebut RP's decl effectively, however, RP suddenly filed an amended responsive decl just 4 days before the hearing. RP removed all allegations... View More

James L. Arrasmith
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answered on Jun 7, 2024

In a California divorce case, if the Respondent filed an amended responsive declaration just 4 days before the hearing, it may be considered improper and unfair to you, the moving party. This is because the Respondent's amended declaration, which effectively serves as a reply to your reply,... View More

2 Answers | Asked in Family Law and Child Support for California on
Q: Under Ca law must a parent still pay support for an adult child with disabilities if that adult child moves out of state
Tobie B. Waxman
Tobie B. Waxman
answered on Jun 6, 2024

Whether or not a parent must pay support for an adult child depends entirely on what your court orders say. If there is no court order extending support for the minor past his/her reaching the age of majority and graduating from high school, then there is no legal obligation to pay support

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2 Answers | Asked in Family Law and Child Support for California on
Q: Under Ca law must a parent still pay support for an adult child with disabilities if that adult child moves out of state
James L. Arrasmith
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answered on Jun 6, 2024

In California, a parent may still be obligated to pay child support for an adult child with disabilities, even if the child moves out of state. This is because California law recognizes that some adult children with disabilities may remain dependent on their parents for financial support.... View More

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Exwiife is lying about her income&expenses worksheet. Claiming the children go to private school and they are at public

She just bought a 600,000 house , new car , rental properties and I have no job been thrown in jail for not paying her attorney fees by the time frame . I don’t have a job but she claims I make 9000 a month. I don’t even have the money now to even have a lawyer to represent me from paying her... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

You get a lawyer. That's how you resolve this. Either you have an open child support case or you file for a modification. But you have an attorney go through the proper procedure to obtain correct income information from the mother. Then you can have an accurate gross monthly income for a... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Does my new husbands income get taken into account if I try to modify the child support that I receive from my ex?

Ex husband seems to be making much more now than during the divorce. I now have a low paying part time job. Would my job and my new husbands income be taken into account and cause child support payments to be LESS if I were to try and modify? Pretty sure the ex husband is making more than 200k/yr... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

Only the parents income is used for purposes of calculating each parties gross monthly income for child support. A spouse of a parents income is not added to the worksheet. However, if you have questions like this, I would see if you and your spouse can get the funds together to hire an attorney,... View More

3 Answers | Asked in Child Support and Family Law for New York on
Q: Can my kids mom take me for more child support, if the kids are 18 and 20 and the kids don’t work?

My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also

David P. Badanes
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David P. Badanes
answered on Jun 15, 2024

In New York, you are responsible for child support until a child turns 21 years old. There are a few exceptions, for example, if the child enrolls in the military; gets married. It doesn't matter if the children work or don't work.

You might try to see if the kids will live...
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3 Answers | Asked in Child Support and Family Law for New York on
Q: Can my kids mom take me for more child support, if the kids are 18 and 20 and the kids don’t work?

My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also

Howard E. Knispel
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Howard E. Knispel
answered on Jun 5, 2024

In New York, child support terminates at 21. However, in most cases, the amount of support is determined by your income. Only where the court determines you are under-employed would the court deviate. Talk to a local attorney.

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The father of my baby says he will support the child. should I still file for child support?

The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 3, 2024

Child support in New Jersey is considered the right of the child, meaning that it cannot be waived by either parent. Parents can file for child support at any age, so even if they agree not to seek support for the time being, they can still file later. However, child support will normally be... View More

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The father of my baby says he will support the child. should I still file for child support?

The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More

Richard Diamond
Richard Diamond
answered on Jun 3, 2024

The father says that he is willing to support his child. Presuming he is being honest, why would you then file an application with the court to potentially get the same amount that he is offering without court intervention?

If anything, hire a lawyer to know what you are entitled to...
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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The father of my baby says he will support the child. should I still file for child support?

The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More

Bari Weinberger
Bari Weinberger
answered on Jun 13, 2024

Thank you for your question. Assuming that the father's paternity test was positive, you always have the right to seek child support from him for the benefit of the child, whether now or a few years from now. However, the longer that you go with accepting the goodwill of him and his family,... View More

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