In 2017 my son's mother signed documents to take me off of child support. However they never stopped taking CS out of my check. Now the state of MS is coming after me for more money.
Do I have any legal recourse here? I'm being told that even though she signed those documents... Read more »
Yes. She can refile for child support at any time prior to the child emancipating.
My baby is in NICU. MSCps took custody this week. I have called hospital every single day since she was born to check on her. They have restricted the hospital on giving me, her mother, any info. I have done andor currently everything they have asked. They said bc they havent heard my voice in... Read more »
Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... Read more »
What are the rights of the other parent in these instances?
Whether or not the terminated person is allowed to visit with the child is totally up to the discretion of the parents. The terminated person has no legal standing to demand contact with the child.
Yes. If you did not give permission to the owner to allow them to park the vehicle on property that you own.
My mother has been getting child support for me for years. My father still has quite a bit of back pay remaining. I no longer live with my mother, am over 18. She still has the card that the child support money is deposited on and is using it for her own needs. Even when I was living with her she... Read more »
I cannot tell you that it is impossible to do what you are asking; however, I can tell you that I have not seen it happen in the 20+ years that I have been practicing. MDHS is going to assume that your mother used her funds to support you during your minority; therefore, the arrearage amount is... Read more »
I am executer over estate. Original plan was for me to buy out my siblings. We cannot agree on a price bc they want 20k more than appraisal. This has been going on for 3 yrs now. I have paid ALL expenses, including 5 yrs now of taxes. The 2 yrs behind my mother owed and the3 since her passing.
No, merely paying the property taxes does not entitle anyone to the property.
A lawyer is not required to be retained for a parent to terminate her parental rights. Likewise, your husband could perform his own vasectomy without a doctor if he chose to do so. But he wouldn't do that, of course. Believe it or not, a parental termination case is just as serious as a... Read more »
I need to figure out how to get them legally out of state. They are coming to Michigan and I want to make sure that we do this right.
This is a terrible situation. I am assuming the two children are also your friend's husband's children. There is no law prohibiting her travel out of state with her children. If Michigan is where she has friends or family, that is the logical destination for her on a temporary basis. If... Read more »
He has like 5 other child support cases but his oldest two kids are grown. My child is 10. He feels like as long as I have him on child support through dhs he doesn’t have to do anything else so he wants me to close my case so that the arrearage won’t add up. He keeps changing jobs and... Read more »
First, if you drop the case with DHS, the arrearage will continue to accrue. Second, generally, child support is based on a net income figure for the paying parent and any previously court-ordered child support, not the number of children he has. If his older children have emancipated, they cannot... Read more »
I have a step daughter whom was married and divorced over three years ago to a prominent doctor. They had three children all minors born from the marriage. I continue to support her as she said she receives zero alimony or child support from the ex husband. I have gone by her word in this matter.... Read more »
The court records are open to the public. Go to the chancery court in the county where the divorce was entered. Give they clerk her name and her ex’s name and ask to see the file. The final Order will be there.
They took the taxes even though he doesn’t pay taxes to pay back child support on our case. The case was closed in March after they took our taxes. However, we still can’t get out taxes released
I really don't have enough facts to be confident about my answer. However, I am assuming you meant that the IRS took your refund. If either joint filer has a back child support issue, any refunds can be confiscated by the IRS. I don' t believe that the IRS will release the confiscated... Read more »
CPS ended up giving him custody and she signed her parental rights over to him. A year later he asked me to watch him while he went to rehab. He ended up leaving it early but he let me continue to watch him. Almost a year after he came back the birth mom was incarcerated and he committed suicide... Read more »
If her parental rights were terminated, then she cannot come back and reclaim custody. The best thing you can do is to hire an attorney and petition the court for custody yourself. You do not say whether or not there are other family members available for the child. This, of course, may complicate... Read more »
they are going off of my income from YEARS ago. and i no longer work due to health problems. i was counting on the stimulus to pay my bills but i got a paper saying they took my taxes due to child support. when i look on the website it doesnt give me any answers just more run arounds
You need to file for a modification of the last court order requesting a decrease in your child support amount. You will have to show a decrease in income since the entry of the last order that was caused by circumstances beyond your control. In other words, you didn’t voluntarily quit your job... Read more »
My friend was with a man who her mother did not approve of. Her mother would keep her most of the time while my friend worked. Her boyfriend at the time went to jail. Her mother filed for emergency custody, lied and said she brought her daughter to the jail for visits, again lied and said she was a... Read more »
Your friend will need to hire an attorney for this one. She will have to file for a modification of the present order and request custody. She will have an uphill battle and may be successful in only gaining incremental gains over time. In other words, it may take more than one filing over time.... Read more »
He doesn't want to see him at all because after getting out of prison the first time he went back to jail months later and even after getting out the second time he choose to go back to his same ways not trying to see child until months after being out now the kid just choose not to see him at... Read more »
You don’t say how old the child is, so the quick answer is maybe. If contact is denied to the father, he will have to petition to court for either visitation rights or some kind or contempt if there is an Order in place establishing his visitation rights.
The children are 10 year old triplets and have been in the father's custody for 8 years. Mother has visitation. Last night, mother sent text messages to all 3 of the children on their cell phones threatening suicide. What steps will have to be taken and is it possible to have an emergency... Read more »
Yes, an emergency hearing would be available to the custodial parent in this situation with or without notice to the noncustodial parent, depending on the circumstances. However, steps should be taken to file such a motion immediately. Once the emergency has passed, the custodial parent will have... Read more »
The biological mother and her partner are both on the birth certificate and in the agreement signed by the sperm donor and the mother states that he would not pursue any rights and that the biological mother has the right to appoint whoever she wanted as the other parent of the child.
The first consideration for Chancery Court is the best interest of the child. The contract between the donor and the birth mother is only one piece of evidence to be considered. The donor may be able to contest the arrangement and seek visitation with the child. However, it will not be an easy... Read more »
I was paying back child support and I just got a letter from DHS saying: This is an arrears only case. There is no obligation to review. What does this mean
The letter means that DHS is attempting to collect a debt of past due child support only, not current support. Also, the agency is not reviewing the file in an effort to increase the monthly support amount.
My father passed a few months prior to a settlement being reached in a class lawsuit. I reached out on his behalf and was told to submit necessary documents(death certificate, affidavit, etc). I did so by certified mail to insure proper delivery. Yet they've still refused to relinquish his... Read more »
A Mississippi attorney could advise best, but you await a response for four weeks. I'm sorry for the loss of your father. It looks like you already made diligent efforts. Ask the case administrators at the firm what further information is necessary. This might be something where more than... Read more »
I understand that the child can choose which parent they want to live with if they are 12 or older, even though the judge has the overall decision on the matter after an interview with the child. Now to my question. Is having a lawyer required for this process? Or is it something I can go to the... Read more »
It is something that you can attempt to do yourself; however, when it comes to custody matters, many judges throughout the state require that the parties be represented by an attorney.
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