Family Law Questions & Answers

Q: So I’m not understanding is child support determined by how much time the child spends with one parent?

1 Answer | Asked in Child Support and Family Law for Maryland on
Answered on Nov 15, 2018
Mark Oakley's answer
Without an agreement, the courts calculate the child support amount according to a guidelines chart, based upon the combined gross monthly income of both parents. That gross income number determined the amount of money it takes per month for parents at that income level to raise the child(ren) (the more children, the greater the number). Then each parent is assigned their proportionate share of that number. The parent having primary physical custody does not pay their share to anyone, as...

Q: Can I sue my sister for cheating me out of my share of an inheritance?

1 Answer | Asked in Family Law for Georgia on
Answered on Nov 15, 2018
Homer P Jordan IV's answer
There are facts to your case that need to be reviewed in detail in order to provide you with direction. You should consult with an attorney who can review the facts of the case and present you with the options. You may be able to do so, but without knowing the details in depth it is difficult to say or provide direction. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: I'm 17, can I move out with permission and my own job in Georgia?

1 Answer | Asked in Family Law for Georgia on
Answered on Nov 15, 2018
Homer P Jordan IV's answer
No, you can't. Until you are 18 years old you will have to live where your parents want you to. Once you t urn 18 you can legally make the decisions on where you want to live and can move out of the home. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Georgia on
Answered on Nov 15, 2018
Homer P Jordan IV's answer
There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: Ex wife died two years ago need for QDRO to be amended to receive my full pension

1 Answer | Asked in Family Law for Georgia on
Answered on Nov 15, 2018
Homer P Jordan IV's answer
You should consult with an attorney who can review the facts of your case and help you plan the proper course of action. I'm sorry to hear about your wife passing. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: Q: GA: What legal response is required by the Custodial Parent when they receive a Child Support Reduction letter?

3 Answers | Asked in Family Law and Child Support for Georgia on
Answered on Nov 15, 2018
Regina Irene Edwards' answer
This is an agency case. If you don't respond, they will grant the reduction. You need to consult with an attorney about your options, as time limits may apply.

Q: Can you help my son he is been accused of touching another student?

1 Answer | Asked in Family Law and Education Law for North Carolina on
Answered on Nov 15, 2018
Amanda Bowden Houser's answer
You need to not make any statements to police or DSS and lawyer up. You can likely thank that ridiculous #metoo movement for all the fuss over a 7 year old boy touching a girl on the bus but yes, if the girl's story can not be immediately and conclusively disproved, suspensions, police and DSS involvement are all normal these days. If you are financially well off expect a civil suit as well. Bottom line, if he touched her in an inappropriate way, that was likely criminal and instead of it...

Q: How can I find out if my husband received a settlement from a auto accident?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Nov 15, 2018
Terrence H Thorgaard's answer
You would engage in discovery regarding your divorce. You can do a number of things, including a request for production, a request for admissions, interrogatories, and the taking of depositions. Did you review the online docket of the lawsuit in Hernando County?

Q: What does this mean or refer to: Rule nisi-civ-dv 2031

1 Answer | Asked in Family Law for Louisiana on
Answered on Nov 14, 2018
Ellen Cronin Badeaux's answer
It means a Motion was filed in a civil division.

Q: I need to get a usa passport for my child. Her father lives in Canada and i cant get a hold of him. we have not seen him

1 Answer | Asked in Family Law for Florida on
Answered on Nov 14, 2018
Rand Scott Lieber's answer
You need to explain to the passport office that the father is absent. They should have a form that you can complete.

Q: I'm a father paying child support. The mother recently told me to pay 3 yrs of increases to health ins. all at once .

1 Answer | Asked in Family Law and Child Support for Ohio on
Answered on Nov 14, 2018
Joseph Jaap's answer
An attorney would have to review the child support order and what it says about health insurance payments. If you pay what you can to spread out the $500, a court would take that into consideration. But use the Find a Lawyer tab to consult a local family law attorney.

Q: If my children's mother terminates the child support order against me I'm I still responsible for arrears

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Nov 14, 2018
Kathryn Hilbush's answer
Unless she also forgives the arrears, then yes. If the arrears are owed to the state, then the mother cannot forgive them.

Q: State of PA Minor's legal guardians (aunt/uncle) signed over custody to state His father is trying get custody from NC

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Nov 14, 2018
Kathryn Hilbush's answer
It sounds like you need representation in PA as well as in NC. I suggest that you contact an experienced family law attorney in the PA county where the child was residing when placed in care. This is a long and tedious process and having representation can often get things moving faster.

Q: How do I file Exploitation of the Infirmed

2 Answers | Asked in Family Law and Civil Litigation for Louisiana on
Answered on Nov 13, 2018
Ellen Cronin Badeaux's answer
Call the Sheriff's office.

Q: Can a lawyer in san diego call me and tell me my daughter has court in two days???

1 Answer | Asked in Family Law for California on
Answered on Nov 13, 2018
Angelina Bradley's answer
You can actually search the court system yourself at:

https://portal.prod2.odyssey.sdcourt.ca.gov/ODYPortalProd2/

You’ll need either the case number or a name to search. You can see everything but adoption, paternity, and child support only cases.

If your daughter needs legal assistance, you can pass my information along: 619-483-4343 or info@inbalancelegal.com.

Q: I’m 20 years old and I am receiving child support. I have no plans of going to college. I want to terminate my child

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Answered on Nov 13, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. No child support does not automatically end when you turn twenty one. The person paying the child support must file a motion in court requesting that the child support order be eliminated. Child support payments must continue until the court issues a ruling on the matter.

Q: I loaned an ex boyfriend 18k during the time we were together. He now has a good job, can I have his wages garnished

2 Answers | Asked in Family Law, Arbitration / Mediation Law, Civil Litigation and Small Claims for Oregon on
Answered on Nov 13, 2018
M. Nicole Clooten's answer
Unless you had some sort of contract, preferably in writing, you would have a difficult time getting a judgment against, which is required in order to get a writ of garnishment. I would contact an attorney that specializes in contract law if you think that the intent of both of was to pay you back, and you have some sort of proof of that.

Q: If there is NO custody order in place yet and the children are living in Alabama with their mom, dad lives in Tenn,

1 Answer | Asked in Family Law for Alabama on
Answered on Nov 13, 2018
Mr. James Parrish Coleman's answer
If the father's name is on the birth certificate, and if there has never been a court proceeding setting out custodial and visitation arrangements, the father cannot take the kids out of school. Mom needs to get into Court and have both child support and custody set out in a court order. Don't play at this. Get a lawyer in your county and get into court.

Q: What are grounds for annulment of marriage in Oklahoma?

1 Answer | Asked in Family Law for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
The grounds are as follows:

1. One party or both are under the age of 18.

2. One party incapable of consenting to marriage due to mental incapacity or incompetence.

3. Married to another person at the time of the marriage.

4. Fraud.

5. Divorced less than 6 months from another person.

You must establish residency in Oklahoma and meet one of the above criteria.

Q: I have a friend who was a victim of domestic violence. She is being bullied by a court appointed counselor to face her

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Answered on Nov 12, 2018
Kiele Linroth Pace's answer
She needs a Family Law attorney with experience dealing with child custody cases.

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