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2 Answers | Asked in Appeals / Appellate Law, Child Custody and Child Support for Nebraska on
Q: How to correct inaccuracies in child support for appeal in Nebraska?

I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 8, 2025

The notice of intent to appeal is not magical - it just states that an appeal is on its way. However, it will be important that fees and costs be paid, etc. so the matter is not dismissed. Nebraska has a really good citizens' guide to appellate courts here:... View More

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2 Answers | Asked in Appeals / Appellate Law, Child Custody and Child Support for Nebraska on
Q: How to correct inaccuracies in child support for appeal in Nebraska?

I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More

Julie Fowler
Julie Fowler
answered on Mar 8, 2025

Especially if your case when to trial, there are other methods to challenge the order besides the appeal. One of the most common is a motion for new trial. A motion for new trial goes back to the same judge that made the ruling but also gives that judge a chance to take a look at the order again... View More

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for Florida on
Q: Options for dismissing ex's custody petition due to non-compliance and lack of contact with son.

I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Florida on
Q: Can child support be modified in FL/TX before resolution in IN?

I'm currently involved in a child support situation where the original order was issued in Indiana. The custodial parent, now residing in Florida, and the non-custodial parent, in Texas, have both moved out of Indiana. Despite this, child support is still being enforced in Indiana, and there... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

The truth is that neither one of you should be in Indiana court anymore. The court with jurisdiction over the child is wherever the child has lived for the past six months. If you are in Florida you may want to file your action in Florida. You will need to notify the FL court that there is also a... View More

2 Answers | Asked in Child Support, Civil Litigation and Consumer Law for California on
Q: Can we pursue fraud charges against bio mom for misusing child support?

I have had legal guardianship over a child for the past four years. During this time, the biological mother received $2,000 a month in child support from the father, as per a court order. However, the child has not lived with her, and she falsely claimed she did not receive support from the father.... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2025

This is PURE speculation but, as described, this person almost assuredly has no money, so, getting it from her is unlikely. That said, stealing child support 'feels' punishable by prison? Again NOT even close to being sure. Perhaps you should speak to family services???

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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: My ex filed a petition for legitimization, custody, and child support after getting me arrested over a tiny scratch. He

Knew It was over between us. But after the incident, he has not reach out to our son or helped in any kind of way. It’s been 4 months now. He’s been completely absent. And his lawyer and him seem to be doing everything they can to prolong the court hearing. Can I ask for this to be dismissed... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

You can ask for anything but that doesn't mean you're going to get it. The case is unlikely to get dismissed and if the father has an attorney you should have one too. His motives for filing for legitimation don't matter. He has a right to legitimize and in that action, he can ask... View More

1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: Can I pursue back child support if the mother was never successfully served in Georgia?

In February 2023, I became the custodial parent of my 16-year-old daughter and initiated a child support order against her mother. Although I attempted to serve the mother, she was never successfully served. Can I still pursue back child support, and what steps should I take to address the lack of... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

The state of Georgia does not award retroactive child support. When you do obtain a child support order, it will be from the date the order was signed going forward. It will not address child support prior to the date of the order. But it seems like your focus should be on having the... View More

1 Answer | Asked in Divorce, Child Support and Arbitration / Mediation Law for Georgia on
Q: Can an addendum be filed without a signature in a GA divorce?

I am currently going through a divorce, and my spouse and I initially agreed and signed a child support addendum. However, the amount in the addendum didn't match the worksheet, and now my spouse is refusing to sign the corrected version. We submitted the addendum previously, and we are... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

If all the necessary paperwork is not signed then you simply no longer have an uncontested divorce. Therefore, at some point you will have a trial. Then the court will decide. But if someone refuses to sign a document that is required for an uncontested divorce, you cannot force them to sign.... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can child support be modified due to children’s current living and schooling situations in MA?

I have a 21-year-old daughter who lives full-time in her college dorm despite the divorce decree stating she would live with her mother. My 18-year-old son, who just turned 18, will be living at home while attending trade school with full benefits and pay. The child support order was issued in... View More

Brian Waller
Brian Waller
answered on Mar 3, 2025

The easy answer is yes, you can always ask the court to recalculate child support if there is a difference in the amount of child support in effect compared to what the child support would be based on recalculation.

To go a little deeper though, you should first recalculate child support...
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2 Answers | Asked in Divorce, Child Custody, Child Support and Business Law for Maryland on
Q: How to draft a marital settlement agreement in a divorce with 5 children?

I'm currently in the process of a divorce and need to draft a marital settlement agreement. My spouse and I have five children, and we have discussed all the custody and support arrangements, as well as the division of assets and debts. How should I proceed with drafting the agreement to... View More

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Please hire a lawyer to do this. This is not a do-it-yourself project. You do not know what you do not know, and leaving necessary provisions out, or putting in the wrong provisions or wording, will cost a fortune in future litigation to try and reverse or correct, and potentially without... View More

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2 Answers | Asked in Child Support and Family Law for California on
Q: Why am I still paying child support when kids not on state aid?

My mother had temporary guardianship of my three children and while they were in her care, she filed for state aid, leading to a child support case being opened. My mother has not had guardianship since 2021, and my children are no longer on her state aid case. Despite this, the child support case... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 1, 2025

File a motion with child support services to modify the current orders. Grounds for modification would be the change in circumstances of the children no longer living with your mother, mother no longer on her state aid, and the fact that the children are now living with you. If you do nothing,... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How to file custody enforcement and modification from Florida?

I need assistance with filing for both custody enforcement and custody modification. The current custody order from 2018 includes vague terms with supervised visitation. Despite changes, where the father has unsupervised visits, the mother is now refusing any access. The father has tried to... View More

Raymond Chow
Raymond Chow
answered on Feb 28, 2025

The order shouldn't be vague unless you received only the ruling (1-3 pages on average), not the full final order (20-50 pages on average). Make sure you have the final order. If it's still vague, you may file your own modification suit (visitation) since you moved. It's probably... View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: How to terminate child support for non-graduating adult?

I am still paying child support for my son who will turn 22 in April. He is enrolled in an online high school, but his mother is having him earn the minimum credits to extend the support requirement. The original order ends at 18 or upon graduation, whichever comes later, and hasn't been... View More

Raymond Chow
Raymond Chow
answered on Feb 27, 2025

Under Texas Family Code § 154.002, child support can continue past the age of 18 only if the child is actively working toward a diploma and meeting attendance requirements. Given your son's age and his lack of academic progress, you have grounds to seek termination of the support order.... View More

2 Answers | Asked in Collections and Child Support for Florida on
Q: Can I seek exemption from wage garnishment in FL due to financial hardship?

I have a writ of wage garnishment delivered to my work on the 10th, but I haven't had a good mailing address in over four years to receive any related documents or respond. I earn $22.50 an hour, pay $750 a month in child support, and live in a sober living residence with no assets. The... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 25, 2025

While there is a legal limit on how much they can garnish per pay period, you probably cannot get an exemption. You would need to speak directly with the attorney that is pursuing the wage garnishment to see if you can work something out. Speak with a debt defense lawyer for more specific advice.

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2 Answers | Asked in Collections and Child Support for Florida on
Q: Can I seek exemption from wage garnishment in FL due to financial hardship?

I have a writ of wage garnishment delivered to my work on the 10th, but I haven't had a good mailing address in over four years to receive any related documents or respond. I earn $22.50 an hour, pay $750 a month in child support, and live in a sober living residence with no assets. The... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 25, 2025

You should immediately get a "claim of exemption" form from the clerk of court, and if you are entitled to an exemption, you should complete and sign it and file it with the clerk. It appears that the child support you pay is not equal to half or more of your monthly wages, so your wages... View More

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1 Answer | Asked in Probate and Child Support for Michigan on
Q: Can adult child drop back child support owed to deceased parent?

As the adult child managing my deceased parent's estate, can I drop or forgive the back child support owed to my deceased parent by the other parent?

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 25, 2025

The Personal Representative can settle and compromise claims in many circumstances but it is not a ’yes/no’ situation.

It is POSSIBLE to act in this way, but ONLY if it is in the ‘best interest of the estate’.

If you don’t already have an attorney, you need one to insure...
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2 Answers | Asked in Child Support, Child Custody and Family Law for Georgia on
Q: How to transfer my child to a new school if I'm not legitimized in GA?

I currently pay child support for my child whose mother is in jail. I’m not legitimized in Georgia and the school informed me that I can't transfer my child because I'm not on the checkout list or the person who enrolled them. I don’t have information on how long the mother will be in... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 3, 2025

File for legitimation, have the mother served, and then ask the court for a temporary hearing so you can obtain a temporary order giving you primary physical custody of your minor child. Then you can make major decisions until such time as the court can make a final determination on custody &... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: My ex decided he wants nothing to do with our baby and wants to relinquish his rights. Does he still have to if he’s not

Does he still have to sign over his rights if he’s not on the birth certificate? The baby will be born in Las Vegas,Nevada

Jennifer Setters
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answered on Feb 24, 2025

In Nevada, if the biological father is not listed on the birth certificate, he is not automatically recognized as the legal father. However, if he wants to formally relinquish his parental rights, he may still need to go through legal proceedings, especially if you or someone else (such as an... View More

1 Answer | Asked in Child Support and Gov & Administrative Law for Texas on
Q: Should I file a motion to dismiss or is my notice enough in child support case?

I am involved in a child support modification case in Texas. I filed a notice to cease and desist collection by wage withholding or any other method, arguing that Texas lacks jurisdiction to enforce state and federal Title IV-D child support enforcement. When I attempted to e-file the notice, I... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2025

In order to preserve this point for appellate review, you must not only timely make the complaint to the trial court, you must secure a written order signed by the trial court denying your complaint.

The best strategy when attempting to dramatically change the law in an instance like this...
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2 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for California on
Q: Steps to file for divorce and address custody in California.

I have been married for 13 years, and my spouse and I have been living apart for more than 2 years. We have 3 children together, but no significant assets or properties. We haven't agreed on child custody yet, but I'm currently paying child support every month. I haven't started the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 19, 2025

1) hire an attorney; 2) don't use social media, Google, or this website to teach you how to be your own lawyer. The court's website has a self-help link if you insist on handling this on your own. https://selfhelp.courts.ca.gov/divorce-california

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