My children's dad all of a sudden wants legal rights, my boys are 3 and 6. He has not been consistent with being there for them, making a bond or providing financially. It baffles me as to why he wants to proceed with this case other than to hurt us emotionally and mentally, and continue to be... Read more »
answered on Feb 2, 2023
Your kids are of such a young age that you may not be able to stop the court from allowing the father to legitimize. If he petitions the court for legitimation and asks for visitation, I would hire an attorney.
Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »
answered on Feb 1, 2023
The court order does not go away just because a child support payee closes a case with child support enforcement. The order is still valid and most likely the case can be reopened.
Previous case was court ordered. Closed by the mother to allow the father to obtain a better job, after verbal agreement was made for father to make payments on his own. After a year in a half of making payments on his own, the father just went back on the agreement and stopped making payments. Can... Read more »
answered on Feb 1, 2023
The mother can continue to seek child support over and over until the child no longer qualifies for support, according to the law. Closing a child support case does not mean you cannot later open another case or file in superior court for child support. She never loses her right as the custodial... Read more »
the case was supposed to be closed because the order states but the mother went back and had it reopend because the kids are in their last year of school the children are both 18 he was not notified and his employer was not informed
answered on Jan 30, 2023
Simply because a case is closed does not mean it cannot be reopened. In the state of GA child support should be paid until the children turn 18 and have graduated from high school, that is, if it is a GA child support order. If the order was signed in another state, then the non-custodial parent... Read more »
I have full custody. My divorce decree states that he must pay child support and supervised visitations
answered on Jan 30, 2023
There is not enough information here for me to respond as to whether the father's parental rights can be terminated. You could file for child abandonment, based on what you have written, if he has not paid child support or seen the child. But I'm not sure if what you have written would... Read more »
Refiled with Child Support 6/2022...after 5 years of non payment... NCP went into office 11/2022 after multiple attempts to serve at residence and paid 2k and sign continuance for court 1/25/23. NCP did not make any 12/2022 or 1/2023 payment. At the time of this court date NCP has new job of 3... Read more »
answered on Jan 30, 2023
The attorney for the state represents the child, not the mother. If you did not get an opportunity to speak in Court, the attorney for the state must have thought your testimony wasn't necessary. If you don't like how child support enforcement is seeking to obtain arrears, hire a... Read more »
I also receive ebt as well as Medicaid for myself and my son as I am low income. How will this affect my ability to pay child support to another child with a different father other than the two I have now.
answered on Jan 30, 2023
Child support is based on your gross monthly income. If you are unemployed, the court will impute minimum wage and use that as your gross monthly income. Being low income doesn't affect your ability to pay child support, nor does having additional biological children whom you support. Those... Read more »
How do I start the process of getting to see my son and start the legal proceedings to obtain custody help.
answered on Jan 30, 2023
It is unclear from your question whether you are the mother or father of the child. If you are the mother, if your child was taken from your custody, you should have a hearing, in order for the state to provide you with the reasons why they feel the child should have been removed from your home.... Read more »
Sister in law refuses to give us our children back claims dcfs gave her custody but we havent had a court hearing or a case worker
answered on Jan 30, 2023
If you have not seen any paperwork that provides your sister in law with temporary custody or guardianship, her refusal to produce your children could be considered kidnapping. I would advise you to contact the juvenile court and see if there is a case involving your minor children. I would also... Read more »
My 16-year-old daughter wants to be adopted by her stepdad (my husband). Her birth father has not paid child support since early 2020, has not seen her since mid-2020 (June or July) and has not contacted her since end of 2020 (December). I have attempted to contact him with no luck in getting... Read more »
answered on Jan 30, 2023
You can contact the father to see if he will sign paperwork to consent to the adoption. You can also file to terminate his parental rights so the child can be adopted. I would seek an attorney who can assist you, as there are some who dedicate a part of their practice to the field of adoption.
They have been in foster care for 18 months and talking about termination because their father is on drugs. But I have everything that was required in order for my kids to come home.
answered on Jan 30, 2023
If you are still living with the father after 18 months of your children being in foster care, the Court has likely determined that the children can't be released back into your home, if the father is not sober. There appear to be some details that have been left out if the Court is... Read more »
Our divorce decree states that I can garnish him if he’s one month behind. But now he’s gotten almost 18k behind through child support enforcement within the last 6 years of divorcing. Before I file these documents with the courts, should I close my child support enforcement case or should I... Read more »
answered on Jan 27, 2023
I would advise you to hire a private attorney who can file an action for contempt for the total amount of the arrears. In that case your attorney can see the arrears as well as attorney's fees, so that the Court may award you the cost of your attorney in your judgment. Once the case is... Read more »
Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case
answered on Jan 20, 2023
You can't file a counterclaim in a contempt case. Having a case dismissed isn't as good as having a hearing and the Court finding you are not in contempt. Speak to an attorney about your options.
Counterclaim has been filed and there’s no response to my counterclaim. The courts are giving the plaintiff 90 days to respond. Plaintiff already missed the 1st deadline to respond. Can I file something to before the 90 days are up to dismiss the case
answered on Jan 30, 2023
It's likely that a Motion to Dismiss will be denied. The Court is going to set a trial for the Plaintiff's contempt motion to be heard. I would focus on preparing for that hearing so that you can respond to the evidence and testimony. I would also advise you to hire an attorney prior... Read more »
answered on Jan 12, 2023
Is it legal? It is not illegal for a spouse to use what could be construed as marital property. We lack the facts here to determine whether it is logical or reasonable for the wife to believe she was authorized to do so.
answered on Jan 27, 2023
If neither of you have filed for divorce and been awarded certain property on a temporary basis, then each of you have access to the camper and can use it as you see fit. Only by filing for divorce and asking to be awarded the camper on a temporary basis, can the court award you with exclusive use... Read more »
We were married 15 yrs. Lived in the camper last 4 yrs. Took camper when I was not present with all my belongings in it left me homeless
answered on Jan 12, 2023
Yes she is allowed to leave you. If the camper is marital property l, it belongs to both you so she can use it. She should not sell it or any if your belongings. You can file for divorce and ask for the property to be divided.
It is a domestics relation case. I have current litigation going on in California. And would like the other party to pay for my lawyer fees since she opened up a new case in her new home state.
We have a set hearing February 13th but have an open litigation case in California about child custody and UCCJEA. The children have been living with me since MAY 2021. I have multiple court orders from 3 different states that can prove this. What documents do I use to properly file in the Superior... Read more »
answered on Jan 11, 2023
You need to get an attorney to help you defend the case in Georgia.
During an investigation, the case worker was not helpful to me at all. Come to find out, she befriended the mother of my child and was having lunch dates with her during an active investigation. Is that legal? If it’s not illegal, is it at least a conflict of interest? Is there a possible lawsuit... Read more »
answered on Jan 11, 2023
These questions and concerns should be addressed to your attorney. Based upon what you have stated, from my experience I do not see a conflict. Could they have discussed the case at lunch? Certainly. Why do you believe that the caseworker is now biased against you? Again, speak with your... Read more »
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.
