I have a support order in place and the other party recently started a new job and they are not having taxes taken out. How do I have child support garnished from their wages?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2021
I am sorry to hear about your situation. It depends on the type of business organization and whether they are paid a salary, however with self-employment then often it may be necessary to file a motion for contempt for missed payments.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2021
It depends. Generally a release from garnishment is required for an employer to stop garnishment. If that was not done, you may be able to bring a claim in small claims court or civil court for unjust enrichment if the other party received funds to which they were not entitled.
I became disabled in 2013 I have not work since 2011. I owed a duty of child support in the amount of $3755.00 it was pd off. There was an iwo sent to the local ssa office. There were 2 Garnishments that I was not informed about the iwo untill the ssa sent me a letter stating the GARNISHED amounts.... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2021
You should speak with the caseworker. It sounds like you may not have received notice of the garnishment case so did not have the opportunity to respond. If that is what happened, and you have good cause for not responding, then you might be able to have the garnishment case reopened. If you are... View More
I have a child that was 17 at the time of her dad went missing. I was receiving child support and alimony. D's body wasn't recovered and no death certificate was issued by FL (state of accident). Montrose County filed for support of evidence that he was deceased but bec it took place in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2021
I am sorry to hear about the situation. You could talk to a caseworker who could explain the reason. Often people will have life insurance to insure support or you might be able to make a claim against the estate if probate is a possibility.
We are getting receipts that are almost a year old from the other parent, asking for repayment of our portion.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2021
The parenting plan often will specify a time. If it does not, you can have it modified to specify a time for submission and reimbursement. There is no law that specifies a time.
Colorado . ( and I know this sounds bad and heartless , but I wont go into details ).
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2021
Usually if there is still a parent whose rights have not been terminated, that parent will have to pay support to the grandparents.
In the divorce paperwork my ex wife stated that our daughter was not mine and I was not the biological father so what rights do I have and can I file charges cagainst her
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2021
I am sorry to hear about your situation. If your name is on the birth certificate or the child was born during a marriage with her, you are the presumed father. If you would like paternity testing, you can do that privately if you have doubts. As far as charges, it is not likely that you can file... View More
My wages were being garnished for back child support/maintenance and the checks were going directly to my ex and not through an agency.
I thought when I didn't owe any more money the garnishments would automatically stop. After a year of overpaying ($10,000) what can I do to get this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2021
You might be able to bring a civil claims court action for unjust enrichment, however your ex might claim that it was your responsibility to stop payments at the appropriate time and that the extra payments were a gift. Jurisdiction would be here where your ex is unless your ex has substantial ties... View More
we have no shared bank accounts or assets; we have a 2 year old daughter together so I am interested in what I should be getting for child support or maintenance.
answered on Jan 26, 2021
Child support is usually determined by the child support guidelines. These guidelines take into consideration the respective parenting time, each party's income, and certain expenses related to the child such as work related child care etc. Maintenance (spousal support) is determined by the... View More
The divorce was final in October 2020, she walked out on the family in May 2020, he is the custodial parent. He was a stay at home dad and she left them with nothing. She gets to claim them on taxes per the court paperwork and will not give the kids any of the stimulus money. It doesn't seem... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2021
Generally if the stimulus money was used for household expenses or for the children a court would not require that it be shared.
Petioner has admitted to lying in court about his employment and refuses to pay child support. He is also unemployed and does not have the funds to support our son. He is also filing his 6th motion to get child support terminated as well.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2021
The answer to your question depends on what the current status of the case is. It looks like he plans to file motion. You have the ability to respond to that motion within 21 days if you are in Colorado and within 35 if you live outside of Colorado.
answered on Jan 13, 2021
He does not have any parental rights absent a court determination that he should have them. It is sometimes possible for a non-parent to obtain parental rights if doing so appears to be in the best interests of the children.
My support was lowered in sept. I continued to received the same support in sept and oct because the child support office had not processed the court order yet. I had not received anything since Oct 7th and was told by them that was due to the modification and had been paid more in sept/oct. Made... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2021
I am sorry to hear about your situation. Everything that you are describing sounds possible. For example, your ex's payment could have been garnished for another debt. You might request a copy of the support documentation from the caseworker to review or ask to speak with a manager who might... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2020
It is unclear what you mean by taking you off of child support. If you are under order to pay support, you can initiate or reinitiate an account with the family support registry if that is what you are referring to.
Ex husband is named in a trust that is getting the money from relatives. Has not paid any child support.
answered on Dec 10, 2020
If you have an order, it may be worth going back to court to get arrears paid. If you dont have an order, you should definitely proceed with getting one on behalf of yout minor child(ren). Inheritance is not protected from child support.
A family law attorney can do that for you, or you... View More
Check being held incase he has a spouse that files taxes jointly, I know that definetly is not the case. Is there anyway around this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2020
It is not clear exactly what is happening from the facts presented, however federal stimulus payments can be intercepted and applied towards back child support payments.
My ex pulls this on a regular basis knowing that I don't have much contact with my daughter because I don't have the money to go see her. My ex has been like this for years and nothing is ever been done about it and I'm tired of always getting the short stick when it comes to it like... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2020
If there is a court order allowing you contact time, then you can enforce it. If there is not, you can file an action for a court order. It sounds like jurisdiction is in Iowa, however for parenting time matters because that is where the child is.
I filed for child support the last week of July 2020. The case worker can not get his address verified....what happens next? I do not have his address or phone number as he will not provide me with that information. No update from the case worker since the last week of September
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2020
You could file a motion for service by publication if you have made diligent efforts to locate him. You will have to describe the efforts in the motion and if granted, you can publish notice in a local newspaper for a period of time and then the court will have jurisdiction to consider the issues.
My 18 year old stepson lives independently. He has limited contact with my husband and myself, and his mother. His mother is insisting that we should still pay her child support because she has chosen to keep him on her health insurance. He would qualify to be on his mother’s health insurance... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2020
It depends on the support order but child support generally continues until age 19. There are times where a child can become emancipated before then, however if the parents don't agree on that, it is an issue for the court to decide.
He also lives in another state, so he cant help full time working mom pick up kids(not that he would if he was here). I am paid hourly and have lost money to help mom out. Can I send the father a receipt for my gas, mileage, or lost wages for picking up his kids?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2020
Childcare expense should be factored into Mom's child support so it is worth checking the support order to make sure that this is the case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
