They were married for 13 years but together for only six years. She abandoned him and their two sons (now ages 35 and 37). We have been married for 19 years but together for 26 years and we have a daughter age 17. His ex-wife never paid one dollar of the child support decreed by the court. My... View More 
answered on May 20, 2020
This depends on the exact wording of the divorce decree. You can not go back and try to change that. Your husband's social security will not be affected. Your husband may be able to pursue her for the back child support-depending on how far back it goes. He should get a lawyer to review this... View More
What happens if I do not fill out information papers? She has over $20,000 in back payments and continuely hides from the state. I continue to provide the state with my up to date info and submitted paperwork to prove insurance coverage for the kids already this year. If they choose to adjust her... View More
answered on May 19, 2020
This depends on Oregon law. However, in Colorado, a modification would not affect the back payments due. You should get a lawyer to help you with this.
We filed our case Dec 3 2019. We went through mediation and pre hearing with the judge already. This is a child custody hearing. Is she allowed to get a lawyer so late in the process? Also she claims my supervised UA's are not sufficient and wants a hair follicle test now. I do not see how... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020
A person can retain a lawyer at any time. If one person in a court proceeding has an attorney, then the other should seriously consider doing so as well. You are right that a personal opinion is not sufficient to support a hair follicle test. She should be introducing some evidence as to why the UA... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2020
You can file when she turns 19 which you will need to do if there are other children on the order as well.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2020
There is a doctrine called laches on Colorado that may prevent interest on support after so many years. The person who would have standing to bring a child support claim would be the parent to whom the support should have been paid rather than the child.
Our final divorce hearing is scheduled for 06/12.It's a high conflict divorce with a spouse who will not cooperate in anything.The funds were deposited into his account and he said he will not release them until the judge makes the divorce decision. With this corona situation my job shut down... View More
answered on Apr 16, 2020
I think this should be resolved at your hearing. It is unlikely that the court will address this before then. Most courts are hearing only emergency matters-this would not qualify. You should get a lawyer if you don't have one already.
My daughter has really bad asthma and they are always going to the dr. Can I call child protective services
answered on Apr 14, 2020
I doubt CPS will view this as serious enough to intervene. You may want to pursue something in the divorce court requesting a change in the parenting time arrangement. You should get a lawyer for this.
original divorce signed by both attorneys and judge. I payed more than ordered from 95-98 but according to their figures I was 3500.00 behind the day all parties signed off i owed approx 5000 for the 4 months but got stuck 117,000 plus interest now my Social security is garnished how can they do... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2020
I am sorry to hear about your situation. It is not clear what happened. If you dispute the debt you could discuss with the family support registry if you paid through that. Social security should not be garnished for debts.
They took half of the refund when I didn't owed them that much the receipt on page said they refund me so much when it didn't happen I wonder why I have 4 other little ones living with me and know they are taking my unemployment aS Well
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2020
I am sorry to hear about your situation. It looks like your tax return was garnished due to some debt owed to the government. You would have to find out what the garnishment is for and if you do not agree with the amount, take that up with the government agency involved.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2020
It depends on how you pay - weather through the family support registry or not. The registry can let you know what you owe. If you pay directly, you can calculate the amount to be paid as specified in the last court order and subtract what you have paid. The obligee can ask for compounded interest... View More
answered on Mar 24, 2020
No. Only the court can modify court-ordered child support/alimony. A party wanting a modification has to file a motion to modify with the court.
My annual bonus was paid in Feb 2019 and divorce was final in June 2019. Bonus was considered marital property and split at time. My annual bonus received today (Feb 2020) was 50% less than last year (and is consistent with bonus for previous 11 years) making my income significantly less than last... View More
answered on Mar 2, 2020
The court should use your current income. Sometimes, your prior years' income is considered a good indicator of your current income. You should run the child support calculations to see if it really makes much difference. Your contribution to your son's expenses will only matter if he is... View More
Granted full custody of daughter and CPS cased closed recently. I recieved papers to file for cild support through CSS this week with a deadline to return them. Do I have to file these papers for child support through them with my payments coming from CPS, which my ex is still involved with or can... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2020
It depends on what the paperwork says and whether there is any court order associated with the support. An attorney would have to review your paperwork and any court orders to advise you on your options.
It wasn’t stated in the divorce decree nor the child support hearing
answered on Feb 11, 2020
This will depend on what is provided by the divorce decree. It may also depend on what year the refund is for and whether that was disclosed in your financial disclosures. You should consult with an attorney to review this and advise you how best to proceed.
Family planned trip out of state ex said no my child could not go. Asked if it was in state could she go? She agreed and now the week of the trip is saying no. We are going to mediation at the end of the month and most likely court. If i still take my daughter will this hurt my chances in court?... View More
answered on Feb 6, 2020
This depends on whether you have a court-ordered/approved parenting plan. If so, you should comply with its terms. If there are no court orders on the matter, either parent is entitled to time with the child in state. If there is no agreement, you should probably not do it. It is hard to predict... View More
Do we follow Georgia laws or Colorado's law on child support issues? Thank you.
answered on Feb 6, 2020
You should follow the current decree from Georgia. If you want to modify it, you may want to file in Colorado, especially if contested. You should get a lawyer to help you with this.
mother went and got him enrolled into community college starting today so it will show he is in school on our court date 02/25. she does not give him the child support nor does he live with her. she lies about it saying he does, she is homeless living with her parents, but wants my child support to... View More
answered on Jan 23, 2020
Child support for your 19-year-old child should end when he turned 19, assuming he has graduated from high school. His being in college should not matter. However, it appears you have another child. So, child support should be re-calculated with the current incomes and time-sharing factors. You... View More
I have started the child support process without a court ordered child custody agreement? If we get a notarized parenting plan will that be enough to prevent any negative repercussion if/ when the father is served with documentation for the cs? Will he be able to just take baby from me if i have a... View More
answered on Jan 22, 2020
Your parenting plan is not effective until the court approves it and makes it a court order. You should get a lawyer to help you with this.
I have an almost 1 yr old. The father and i have a visitation schedule all figured out between us, but nothing through the courts. I have baby from friday evening through wednesday, and he has baby wednesday night through friday evening.
answered on Jan 21, 2020
YOU CAN STILL FILE FOR CHILD SUPPORT. HOWEVER, THE COURT MAY ALSO WANT TO APPROVE YOUR PARENTING PLAN AS PART OF THAT PROCESS. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.
My husband and I separated in may we have two kids I'm disabled and have no income.
answered on Dec 30, 2019
It will take some time after you file for divorce. There is an initial status conference that is scheduled within 45 days. The court can then schedule a temporary orders hearing for child support. You should get a lawyer to help you with this.
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.
