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Child Support Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: How do I get my divorce case moving forward again when my ex-husband refuses to show up for court

My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us... View More

James L. Arrasmith
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answered on Jul 25, 2024

To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default... View More

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: I have just been sent a letter that a child support request has been sent by my child's mother. The only major expense m

I have just been sent a letter that a child support request has been sent by my child's mother. The only major expense my 2yr old has is daycare and I have paid for that alone for 2 years without any assistance from the mom. We split the week as far as watching the child. I have Tuesday... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 25, 2024

Hire a lawyer. You may think the only major expense is daycare, but taking care of a child is a daily expense. And it sounds like you probably haven't legitimized so any visitation you have is being given to you by the mother. With their being no court order for your visitation, the court... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: how do i appeal child support in texas? We were not served and suddenly we got mail that he has to pay $600 a month

My husband had custody of his daughter, allowed her to go live with her mom and grandma, dropped the $65K arrears with the agreement she doesnt file chilc support on him. he hasnt seen his daughter in 2yrs extreme parent alienation but hes also recently diagnosed with MS and is diasabled. we cant... View More

John Michael Frick
John Michael Frick
answered on Jul 24, 2024

If he was not served, you may be able to file an appeal if the order was entered within 30 days, a restricted appeal if the order was entered within six months, or a bill of review if the order was entered within four years. The appropriate legal mechanism will depend on the facts and... View More

1 Answer | Asked in Employment Law, Tax Law, Child Support and Family Law for Texas on
Q: what can I do if my credit score got badly damaged by my employer and issue has not been fixed

They badly dropped my credit. Also they are being sued in California but I wonder if it had anything to do with the taxes of federal witheld. Is it normal for a company not to tax you federal taxes if the gross pay is lower than $1000.00 but yet when they taxed me on a check which was a christmas... View More

James L. Arrasmith
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answered on Jul 23, 2024

If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: in 2015 i was never served to go to divorce court. i have evidence to prove they never served.

it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How to expedite divorce process while spouse and her attorney delaying the responses and not very communicative ?

My spouse filed for dvro, divorce in Aug 2023. Dvro is granted after completing the trial in Mar 2024. Wife is having child custody and i am doing remote supervised visitations.

But after that, spouse and her attorney are not responding much on the divorce case. after multiple requests,... View More

James L. Arrasmith
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answered on Jul 22, 2024

To expedite the divorce process in California, you need to take a proactive approach. First, document every instance where your spouse and her attorney have been unresponsive. This includes keeping copies of emails, letters, and any other communication attempts. Having a clear record will be... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: Are non payments of court ordered child support arrears payments contemptible?

When I file contempt for 3 years of child support in CA (36 counts), am I allowed to also file 36 counts on non payment of court ordered arrears also? There is a 3 month acceleration clause in paperwork.

James L. Arrasmith
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answered on Jul 22, 2024

Yes, you can file for contempt for non-payment of court-ordered child support arrears in California. Each missed payment can be treated as a separate count of contempt, similar to missed child support payments. Therefore, if there are 36 counts of missed child support payments, you can also include... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: Filing contempt in California question.

When I file contempt in CA for non payments of court ordered child and spousal support, should I include the proof in my filing also (NCP 1099's) ?

James L. Arrasmith
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answered on Jul 22, 2024

When filing for contempt in California for non-payment of court-ordered child and spousal support, you should include proof of the non-payments in your filing. This proof can consist of documents such as 1099 forms, payment records, or any other financial statements showing the non-compliance.... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: Is refiling contempt allowed?

If I filed contempt for non-payments of child support in California, and then asked the judge to take it off of the calendar because an agreement had been made. Am I allowed to refile since NCP failed to adhere to the agreement?

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you are allowed to refile for contempt in California if the non-custodial parent (NCP) failed to adhere to the agreement. California law permits you to take action again if the other party did not follow through on their obligations.

When you previously asked the judge to take the...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I have no legal/physical custody. 1hr/wk visitation that I can't get. 6yrs+ 0Contact due to other party. Served chldsprt

I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More

James L. Arrasmith
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answered on Jul 21, 2024

Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Are parents required to pay out of pocket for their child's college tuition? This was not in the custody agreement

At the time of the agreement, I was the custodial parent. There has been no changes to the agreement. My daughter has moved to FL with her mother and she is threatening legal if I don't pay her (the mother) cash for college she has claimed to pay for. This was not in the agreement . My... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

This is not the simplest question to answer because it involves an "agreement" and an out of state issue regarding educational expenses. Rephrasing the question, does the asker have to pay education costs for his child if there is a New York agreement while the child is in Florida. The... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I am in Pa & have a 5 yr old son in Tx who may not have any formal paperwork (bc, ss).Mom refuses contact w me.options?

In Feb 2019 we had an unexpected homebirth. We lived together for 1 year when mom took our son to her family and refuses to speak, acknowledge, or even accept child support from me or my family. He was only seen informally by medical professionals, & never received legal documentation while we... View More

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

I am sorry you are going through this. Sadly based on the information you have provided if the child has not been in PA for at least six (6) months PA does not have jurisdiction over the child. You will have to go through the Texas courts. Reach out to a Texas family law attorney to inquiry about... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: Questions about alimony in Illinois and what options I may be able to pursue?

1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More

Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:

1. Reimbursement for Overpayment of Maintenance

Yes, under Illinois law, if you overpaid maintenance due to a decrease in...
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1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child mother is trying to put me on child support she lives in PR and i live in FL

My child mother is trying to put me on child support when i already give her 400 a month . She lives in puerto rico and i live in florida. She does not let me see or speak to my child if i dont give her more then $400 and is always threatening to put me on child support of i do not send her more... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

Child support obligations and rights to child visitation are handled through legal channels and are enforceable across state lines and territories, including Puerto Rico, under the Uniform Interstate Family Support Act (UIFSA). UIFSA allows for cooperation between states and territories in the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex wife move from her residence taking our daughter without telling me?

I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there... View More

1 Answer | Asked in Small Claims, Child Support and Family Law for Texas on
Q: can i sue for money paid in past under enforcement of court order in civil family court?

I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Do 1,3,5 weekend visitations still happen during summer after NCP had their consecutive 30 days for summer?

We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.

Does holiday vacation override weekend visitation for summer?

Is NCP entitled to weekend visitations?

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

For clarity, under the typical possession order, if CP timely designated July 19-21 as his/her summer possession, NCP would have weekend possession July 5-7 (the first weekend of July), and then would have possession of the child next August 2-4 (the first weekend of August).

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2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Do 1,3,5 weekend visitations still happen during summer after NCP had their consecutive 30 days for summer?

We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.

Does holiday vacation override weekend visitation for summer?

Is NCP entitled to weekend visitations?

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

In a typical Texas possession order, the NCP continues to have weekend possession typically on the 1st, 3rd, and 5th weekends during the summer subject to the CP's summer possession rights. Typically, the CP is entitled to designate one weekend of the NCP's during the summer as the... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My son and his ex have verbal agreement for child support and joint custody mom refuses to let him have his visitation.

He pays 150 a week and has proof of paying but mom won't let him see her now that he has a new relationship

James L. Arrasmith
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answered on Jul 2, 2024

In California, child support and visitation rights are separate issues. Even if your son is paying child support, the mother cannot legally withhold visitation unless there's a court order permitting it. Your son has the right to see his child according to the agreed-upon custody arrangement,... View More

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1 Answer | Asked in Family Law, Domestic Violence and Child Support for California on
Q: My ex wife is been verbally abused to are kids and specially to me I have domestic violence on her can you help me?

Stop working her own business once I got an attorney accuse me of breaking the window on her truck claims that i quit my job to not pay child support and she only accepts deposits debt the rest cash only I can’t proof her income what can I do?

James L. Arrasmith
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answered on Jul 1, 2024

I understand you're dealing with a complex and difficult situation involving your ex-wife, children, and various legal issues. Let me break down the key points and offer some general guidance:

1. Verbal abuse: If your ex-wife is verbally abusing you and your children, document these...
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