Get free answers to your Child Support legal questions from lawyers in your area.
Do I still pay child support to my ex, if he lives with me permanently
answered on Mar 7, 2018
You need to comply with the existing order until/unless it is modified. You can file a motion for modification. The modification can be made retroactive to the time there was a consensual change of custody. You should retain an attorney to do this for you
My ex- wife has earned around double, if not more than, myself since since 1996 or so. I never tried to get the child support re- adjusted. (I couldn't afford to hire a lawyer, but made more than allowed for assistance.) I also figured my boys were worth it. I fell on some hard times, and... View More 
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answered on Mar 6, 2018
The only way to get out of a back child support obligation is if your ex wife agrees to let it go and an agreement (stipulation) is filed with the court reflecting your agreement. Beyond that there is nothing you can do to get out of the debt.
answered on Mar 5, 2018
You can have the court issue an income assignment. That will require his employer to withhold the support payment from his paycheck and send it to the child support enforcement agency which will then send it to you. Child support enforcement can set this up for you or you can retain an attorney to... View More
The kid is 12 years old and is tired of her belongings being lost and moving from place to place with her mother multiple times a year. Is this enough for myself (father) to get majority parenting time? We would be looking for Sunday thru Friday so she is stable at least for the school week. As... View More
answered on Mar 2, 2018
Being poor is not the issue. The issue is the best interest of the child. I think your position has merit. however, mother may be able to resume the prior schedule once she obtains a stable living situation. You should retain an attorney to help you obtain the best outcome for your child.
My new spouse is not the parent of the children in this case.
answered on Feb 28, 2018
Generally, your new spouse's income is not considered- just the income of the children's parents. (you and your ex)
My ex-wife and I (we are divorced) are planning to get to an agreement on opening college funds for our kids and contribute monthly to the college funds. We did not include anything of that sort on our divorce decree and parenting plan, so now we have to come up with an agreement now. Basically, we... View More
answered on Feb 27, 2018
You should detail the amount and time of each party's contribution and remedies for breach. Is there a way to cancel the agreement? What if the children do not go to college? How will funds be held/invested? What if there is a disagreement about managing the funds? Who is the owner of the... View More
answered on Feb 27, 2018
You can request a paternity test as part of the child support proceedings. There are time limits involved so you should move promptly. You should retain an attorney to help you with this.
My fiance got served with child support papers sating he owes 18000 in back child support and his wages are garnished 115 biweekly for current support. 3 months after the child was born the mother got married to a man in the army and moved to Germany for several years. Is he responsible for the... View More
answered on Feb 20, 2018
I think he remains responsible for child support even if she lived out of the country. I do not see how that would affect his obligation.
My ex thinks that I pay the full support for both girls until the youngest reaches 19 Years. I have been paying $900/month. I believe that this support is now half after the oldest turns 19.
answered on Feb 19, 2018
The existing order is in place until the court enters a new order. You can file a motion to modify child support. The amount depends on each party's income and the number of overnights each party has with the child. The support amount for 1 child is not just 1/2 the amount for 2 children. It... View More
This is to occur each year and doesn't require further litigation. I lost my job in 2015 and have been struggling financially ever since even with my new job. Paying child support has been difficult and I can't afford to go back to court. I just recently realized our stipulation has this... View More
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answered on Feb 19, 2018
You cannot just cancel or stop paying child support. That will get you into trouble. You need to file a motion to modify child support. Forms can be obtained online and if you are truly destitute you may be able to get the court to waive the filing fee. An attorney would need to look at... View More
We are in Co. he is in Az. He left us homeless and destitute. We had a home in Castle Rock, co. He was 1/2 owner of pro plumbing there. He got into drugs and other women and flipped out when he was busted. I was not working at the time but I had no idea what he was doing. He hadnt paid taxes or... View More
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answered on Feb 19, 2018
If you are looking to file a case on your own, you can get forms from the Colorado judicial branch website, file them with the court, and have him served in AZ. Colorado still has personal jurisdiction over him for both divorce and financial issues. If you do not want to do it on your own you... View More
We have 50/50 custody and I pay child support. If I am not paid money owed from equity what are my options to get what I am owed, Could I request a modification in child support and be paid back that way?
answered on Feb 14, 2018
You will be able to enforce the order either by getting a judgment or by contempt. You will not be able to offset the child support you owe. If you get a judgment, you can garnish wages and bank accounts and place a lien on real estate. If she is found in contempt, she could be sentenced to jail... View More
I now have one son diagnosed with epilepsy and one with diabetes. He has been informed of both, but still does not help. Can I go after him for back support with the current order and request the amount raised going forward. The kids are 14 and 15.
answered on Feb 9, 2018
Yes, you should be able seek (unpaid) back support with the existing 2006 order via an enforcement order. You can also seek an increase in support via a modification. These requests can be filed together and you may be able to retroactively apply the modification amount. You may want to contact an... View More
My son 17 yrs old still lives with his mom but has decided to drop out of high school to work full-time to support his girlfriend who lives with them as well.
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answered on Feb 9, 2018
More information is needed to answer your question. If he is self sufficient and on his own that may be a basis to modify the support. If he is working to support his girlfriend but mother is still supporting him, then support would likely continue. Hopefully he goes back to school soon. Child... View More
he makes really good money and was court order to pay and has not what can she do to have his wages garnished ?
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answered on Feb 8, 2018
She needs to file an Income Withholding for Support to garnish his wages. In terms of arrears, she should file a Verified Entry of Support Judgment, with interest calculated, and then garnish on that, too. These things can be technical and she may want to consider hiring an attorney to help.... View More
Should I still be required to pay support if they will not let me see my kids?
answered on Feb 5, 2018
Yes, child support is completely independent of parenting time. you still have a legal obligation to provide support even if you are not permitted any contact.
Per parenting plan, we alternate claiming our child. It is his dad's turn but he owes support from last year. Is there a date by which he has to be current? 12/31/17? Does the amount of arrears make a difference? He owes $150? Can I claim my son since he is behind?
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answered on Feb 5, 2018
There is no specific deadline in statute. If your orders contain no deadline, the general presumption would be that if you file first you file first and have done nothing wrong. There is also no amount. He could be behind $1 or $1,000,000 and would still lose the right to claim the exemption if... View More
I am legally still married but my spouse and separate in 2013 . I currently gave birth to a child who is not my spouses. My spouse has provided for my son from day after the biological father when awol . After genetic testing confirmed the biological dad a court hearing is set .
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answered on Feb 2, 2018
More information is needed to answer your question. A child born during a marriage is presumed to be the child of the husband. However, this is a rebuttable presumption and the husband can raise the issue of paternity within 5 years. If the husband is on the birth certificate that can muddy the... View More
I know my brother was involved with her but I had never once met her.
answered on Feb 1, 2018
You would have had to be served with court papers. that as your opportunity to challenge the matter. You may still be able to do so. you need to retain an attorney to see if anything is possible.
answered on Jan 31, 2018
Child support and visitation are completely separate. You can not lower your support just because you are being denied parenting time. Your remedy is to ask the court to establish or enforce parenting time orders. You should retain an attorney to help you with this.
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