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Child Support Questions & Answers
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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1 Answer | Asked in Divorce, Child Support and Family Law for Texas on
Q: Do I qualify for spousal support after 5-year marriage and having custody of 1 child?

I have been married for 5 years and have custody of our only child. My spouse, who is employed, has moved out, and I am currently unemployed. We have not filed for divorce or legal separation yet, and we only have a verbal agreement with no prenuptial agreement in place. Do I qualify for spousal... View More

John Michael Frick
John Michael Frick
answered on Feb 18, 2025

Once a divorce petition is filed, the court may award temporary spousal support during the pendency of the case. There are many factors that the court could consider including the spouses’ education, work experience, any physical or mental limitations, access to assets, monthly... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Massachusetts on
Q: Will withholding child from father affect child support case?

I recently left my son's father and moved back to Massachusetts. We were never married. I've raised concerns about a bunk bed he bought for our two-year-old son, but when I asked to see a picture for safety reasons, he insulted me. He has violent tendencies, although never physical with... View More

Lissa McKinney
Lissa McKinney
answered on Feb 17, 2025

Situations like this are best managed in Court, so the boundaries are clear. You may be afraid, but the real question is whether you have a real fear of harm to your child as a result. If he has never harmed the baby and offers responsible care, you might look bad for refusing the parenting time.... View More

1 Answer | Asked in Child Support, Civil Litigation and Family Law for Texas on
Q: Misspelled name on child support motion; is it a concern?

I am involved in a child support case, and the other party's middle name is misspelled on the motion for hearing and motion for transfer. I've notified the relevant authorities, and they initially said it could be corrected before the final order. However, now they claim they will not... View More

John Michael Frick
John Michael Frick
answered on Feb 17, 2025

There is no legal prohibition regarding the length of a party's name on a pleading. It is best practice to ensure that the parties' names are 100% correct on all court papers filed in a matter. Sometimes, it may not be harmful, for example on an agreed motion to dismiss a civil lawsuit... View More

2 Answers | Asked in Child Support and Family Law for California on
Q: Can my finances be targeted for my fiancé's child support if we marry?

My fiancé owes child support and back pay, and there is a current court order for child support. We do not share any assets or accounts, and we haven't taken any financial steps together such as buying property or opening joint accounts. Can his ex come after my finances for child support if... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 17, 2025

You are not financially responsible for someone else’s biological children and your finances cannot be used to satisfy her child support obligation and also cannot be used to calculate her child support obligations. Err on the side of caution however and consider getting a prenup

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1 Answer | Asked in Child Support, Contracts and Family Law for Illinois on
Q: Can my maintenance be decreased after a salary reduction due to a promotion?

I am currently obligated to pay $1,800 a month in maintenance and $600 in child support for our one child, who lives with my ex-wife the majority of the time. I recently accepted a promotion at work, which resulted in a $24,000 decrease in my annual income due to the elimination of overtime pay. I... View More

Cheryl Powell
Cheryl Powell
answered on Feb 15, 2025

I don't believe so. You knew your promotion would result in a salary cut. Given that, you could have chosen to refuse that offer of employment. When the decrease in income is voluntary, one cannot decrease the maintenance they are paying. I suspect the court would keep you obligations the... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for New York on
Q: I'm 16 right now, turning 17 on August 4th of this year. Can I leave on August 5th?

The police and CPS have not been able to help my family situation, and it's to the point where I will go insane if I can't get out. I have a safe place to go, and jobs lined up, and I know that in New York, sometimes 17 year olds have more freedom than in other states. My only other... View More

Michael J Stachowski
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answered on Feb 13, 2025

The simple answer is yes The law in New York I. Parent child family Court proceedings is a person in need of Supervision or a PINS petition. The court does not have PINS jurisdiction over a 17 year old. Therefore no mechanism exists to supervise a 17 year old by his parents. Thus you can move... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I’m being garnished for child support, leaving me with $150/week (40 hours/wk). I’ve been overcharged & manipulated

I was overcharged $2000 in one 3-week period and have been paying for child care my daughters whole life, despite her not having received child care for years. I now have judgements I’m paying and feel I’ve been misrepresented by my lawyers. My last lawyer had me sign a document stating that my... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

To be found as wilfully refusing to pay child support, especially by admission, means you repeatedly and unjustifiably were not paying your full child support. You may file for changed circumstances and get the support amount reduced if you are successful, but that will only apply to future... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Can a 25-year-old child take her father to child support for arrears?

Twenty-six years ago, I was in a relationship with a woman who claimed she was pregnant with my child. When I requested a DNA test to confirm paternity, she became furious and refused to cooperate. Now, twenty-five years later, my daughter has reached out to me, saying her mother told her I am her... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

I infer the mother never started a child support action against you, so no support order, much less arrears, was ever put in place. It is highly unlikely that the child, now an adult, can request child support from a court. I cannot think of an exception, but to be sure, contact a local family... View More

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2 Answers | Asked in Family Law and Child Support for California on
Q: If my ex paid for the kids sports and I called for a refund. & only half was refunded. Is there grounds for prosecution?

Can criminal charges be filed against me for accepting 50% to be refunded to the ex?

Do I owe her the 50% that wasn’t refunded to her?

Jennifer Setters
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answered on Jan 31, 2025

Whether criminal charges could be filed against you for requesting and receiving a partial refund depends on several factors, including intent, agreements between you and your ex, and how the refund was processed. However, here are some key legal considerations:

1. Was It Fraudulent?...
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3 Answers | Asked in Child Support and Family Law for California on
Q: Q: My ex “lost” the child support check I gave her 4 weeks ago. Do I legally HAVE to cut her a new check?

4 weeks ago I gave my ex a child support check (in full and in time). It was a cashiers check. She just messaged me to inform me that she misplaced the check, and is demanding that I process a stop payment for the original, and issue her a new one. I understand HOW to do this. My question is, what... View More

William John Light
William John Light
answered on Jan 31, 2025

Of course you do. You have an obligation to pay. You haven't paid, although through no fault of your own. You obligation still exists. Also, this is for your child. Shame on you for not immediately doing all you can to make sure your child has the money necessary for his/her survival,... View More

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2 Answers | Asked in Child Support and Family Law for Nebraska on
Q: My kids are 37 and 31 yrs old. My question is, is it at all possible to have my child support terminated?
Julie Fowler
Julie Fowler
answered on Jan 27, 2025

Child support generally terminates when a child reaches the age of majority. In Nebraska, the child support ends when a child turns 19 years old. If you did not make the child support payments timely when the children were minors, you will still owe the back child support, including the... View More

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2 Answers | Asked in Child Support and Family Law for Nebraska on
Q: My kids are 37 and 31 yrs old. My question is, is it at all possible to have my child support terminated?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jan 28, 2025

In Nebraska child support generally ends at 19 years old when the child becomes an adult under the law. In some cases parents may extend this by agreement such as for special needs children who will require care as adults. If you are paying on arrearages (past due), the answer is no- all support... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: If the kids live with me is he still qualified for alimony and child support
James R. Dickinson
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answered on Jan 29, 2025

For child support, it depends primarily on the timeshare and the parties income. See the statewide child support guideline. Spousal support depends on whether the support you're referring to is temporary or permanent/long-term, and even, FC 4320 would need to be applied regarding the latter,... View More

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