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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

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

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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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: I'm trying to get a old child support order modified payment. Kids r grown n order Wat can b done n how much
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

You can't modify a previous order for support for adult children. The order should have terminated when the children no longer met the requirements for support. However, any arrears owed likely remain, unless there is a statute of limitations they have met.

1 Answer | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Summer vacation child support question

I am a single parent, and divorced 4 years ago ,

All our grandparents are abroad (me and my ex)... this July summer break we split the kids for two weeks

I would like to take my kids to be with with the grandparents and family for two weeks.

My ex is OK with that.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 3, 2024

If a court order says you pay child support then you pay child support. If the order doesn't suspend child support during periods of visitation then child support remains the same, even during those periods. The child support worksheet you should have had, when this support was calculated,... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: My kids father left for rehab in another state over a year ago and now is outta treatment living working in that state.

When is it child abondment

Jane E. Probst
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Jane E. Probst
answered on Jun 3, 2024

Abandonment is only considered in termination of parental rights cases when there is also an accompanying adoption. In that case, it would be six months with absolutely no contact with the child.

In Wisconsin with Family Court cases, if he is not exercising court ordered placement, you can...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My wife has 2 children from a previous marriage. We want to move to Orlando. Her ex doesn't work and pays for none of

The kids Insurance or extracurricular activities. My family, her family, and even his family live in the Orlando area. They have 50/50 time with the kids. We have no idea how he pays his bills as he hasn't worked In over a year. What do we have to do to force him to let us move.

Pamela J. Fero
Pamela J. Fero
answered on Jun 3, 2024

Try to talk with the kids' dad. Since you all have ties to Orlando, he might see the move as beneficial too. If he agrees, that's good! Just be sure to get that agreement in writing. If he’s not on board or things are a bit tricky, then you might need to petition the court for... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: what are the stipulations of a capias order being recalled in circuit court
James L. Arrasmith
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answered on Jun 3, 2024

To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More

3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Can my ex-husband, modify child support, if he's been paying me directly, not through probate Court?

He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.

Leonard R. Boyer
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answered on Jun 1, 2024

You should realize by now unless the Court Order's your ex-husband to pay what he is supposed to, he is going to do whatever he wants. You need to retain an experienced matrimonial attorney who will charge you for about 1/2 to 1 hour of attorney time to review all the relevant documents and... View More

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Can my ex-husband, modify child support, if he's been paying me directly, not through probate Court?

He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 1, 2024

Generally speaking, a party seeking to modify child support based on changed circumstances (like one child graduating from college) should file a petition in Court requesting to change or terminate support. While it may be that your child would be considered emancipated, the proper course is to... View More

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Can my ex-husband, modify child support, if he's been paying me directly, not through probate Court?

He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.

Richard Diamond
Richard Diamond
answered on Jun 1, 2024

If your son graduated from college, isnt it safe to say that he is emancipated under the law? I presume your settlement agreement imposed a support obligation on your former husband until your son graduated from college. Typically, a payor would reach out to the other spouse in advance of the... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: He Court’s Inclination for Custody and Its Implications?

We have adhered to a 3-4-4 custody schedule for an extended period. However, in December, an error on my part led to unintended parenting time. This was not formalized in an Order After Hearing but was noted in the minute order as per the stipulation agreed upon by both parties (Not signed by... View More

James L. Arrasmith
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answered on May 31, 2024

In California, a new judge may consider the previous judge's inclination, but they are not bound to follow it. Judges often give weight to prior rulings, especially if there is a documented history and a minute order reflecting the schedule. However, each judge has the discretion to review the... View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: If child isn't in guardians custody an there getting child support an the child isn't with them do they have to pay back

My mother had my son since Jan 2024 he's been back in my custody she won't give him his child support he's been getting will she have to pay that back when we go to modification court? It's been 6 months she's received 200 every two weeks since and hasn't given him any of it.

John Michael Frick
John Michael Frick
answered on May 31, 2024

If the obligor (the person ordered to pay child support) has filed a motion to modify child support against your mother, the court can retroactively modify the child support back to the date of filing of that motion as long as the obligor used due diligence to serve your mother in that modification... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: What is the best way to label attachments that are being added to an income and expense declaration?

I am adding an additional page with the answer to questions #4 and #20, Question #4 also has an additional 8 page attachment.

James L. Arrasmith
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answered on May 28, 2024

Under California law, when adding attachments to an Income and Expense Declaration form (FL-150), it's important to clearly label them for the court's reference. Here are some tips for labeling your attachments effectively:

1. Identify the form and question number: Begin the label...
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1 Answer | Asked in Child Support and Family Law for California on
Q: if my ex-wife did not have our child living with her for three years but was still receiving Child support is that Legal

Now he’s 30 years old has his own house and Child and I had a stroke two years ago and have been not able to pay my child support

James L. Arrasmith
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answered on May 28, 2024

Based on the information you provided, there are a few important legal considerations:

1. Child support obligations generally end when the child reaches the age of majority (18 in California) or becomes emancipated. If your son is now 30 years old, it is likely that you are no longer...
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1 Answer | Asked in Family Law, Child Support, Gov & Administrative Law and Social Security for Washington on
Q: What the procedure for obtaining a copy of a court order issued from washington state child support agency I'm my child

I'm trying to find the process to obtain a copy of the court order that was given to garnish my social security for child support arrears.

What forms do I need.

I'm retired and on social security how do I and what forms do I need to file to stop the garnishment of my... View More

James L. Arrasmith
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answered on May 27, 2024

To obtain a copy of the court order issued by the Washington State Child Support Agency, you should contact the Washington State Division of Child Support (DCS). You can request the court order and your complete financial history from them. It's best to do this in writing, providing your case... View More

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: [Family Law] How to Request a Sanction Order Against the Opposing Party’s Attorney?

We have a divorce case (with one case number) and three different motions in two different courts awaiting hearings. The opposing party’s attorney has made contradictory statements about one fact, varying by the court and motion. The first hearing is coming up. How can I request a sanction... View More

James L. Arrasmith
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answered on May 26, 2024

In California, requesting sanctions against the opposing party's attorney for alleged perjury or inconsistent statements requires following specific procedures. Here's what you should consider:

1. Written motion: It is generally advisable to file a written motion for sanctions...
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1 Answer | Asked in Child Support, Civil Rights, Federal Crimes and Family Law for Kentucky on
Q: Can employee of KY child support office also be employed by local detention center at same time? It's excessive power.

This woman literally sends some sort of notice or request to the county attorney, while listing the parties in reference as (name of parent 1) VS (name of parent 2)? Although the complainant isn't "parent 1", although that's the implication. These papers forwarded from her and... View More

James L. Arrasmith
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answered on May 24, 2024

In Kentucky, there are ethical and legal concerns regarding an individual holding positions in both the child support office and the local detention center simultaneously. This situation can create a conflict of interest and potentially an abuse of power. The ability to influence both the... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: Can I exclude an investment property from my income and expense declaration?

I am thinking about transferring an income property into a single-member LLC and having the single member be a trust. The property revenue would be deposited into the LLC checking account and there would be a separate tax return filed for the trust. I would not receive income from the property or... View More

James L. Arrasmith
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answered on May 23, 2024

Under California law, when filing an Income and Expense Declaration (Form FL-150), you are required to provide a complete and accurate disclosure of your financial situation, including all sources of income and expenses. This includes any income or expenses related to investment properties.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Nebraska on
Q: I finally filed for divorce from my husband who was very emotionally, verbal, and towards the last year of marriage.

I was the primary caregiver to our girls, only getting a part-job because I was tired of money being thrown in my face and cutting off my access to cards when we fought about his drinking. the judge sided with my ex claiming that I didn't change my work schedule (im in health care) and he had... View More

Julie Fowler
Julie Fowler
answered on May 23, 2024

Is your divorce action still pending? If only a temporary order was entered, you have a lot more options than if the final divorce decree was already entered. From the wording of your question, it sounds like you may already be divorced at this time. You only have 10 days after the divorce decree... View More

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