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 »
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 »
I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.
So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... Read more »
answered on Jan 20, 2023
Sounds complicated. See and likely pay an estate attorney. The money you save will be your own.
I also have a child with autism and a pregnant wife I also have two other children with my wife can that help reduce my child support as I have to pay for everything in home including my visitation costs
answered on Dec 30, 2022
It is possible that there might be a decrease. If your income has increased since the last order and / or your ex's income decreased, then the overall amount may not actually decrease. You need to consult with an attorney who can give advice based on your situation.
I also have a child with autism and a pregnant wife I also have two other children with my wife can that help reduce my child support as I have to pay for everything in home including my visitation costs
answered on Jan 30, 2023
If your child's mother did not have the job and business during the child support case when the current order was established and this occurred after the order was signed, then you may have a material change in circumstances that might qualify you for a modification of child support. Also, if... Read more »
long story short my son is about 15 months old and his father has never paid child support or tried to help me out. He doesn’t visit him and the only way he sees him is if I drive him 8 hours to my home town (yes I have told him he can come visit, his reason is not being able to put miles on his... Read more »
answered on Dec 25, 2022
You need to ask a Kentucky lawyer. Laws are different state by state.
My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »
answered on Dec 24, 2022
The question is whether the bio father legitimated the child or not. It’s a court proceeding. If the child is not legitimated, the father has no legal rights over the child - no right of visitation or custody.
My child’s father is not on his birth certificate, and he’s really not all that involved… He does not pay child support and does not visit. The only time he sees him is if I drive eight hours to my hometown to let him. I only moved a month ago and visited once, I put a tracker in my... Read more »
answered on Dec 24, 2022
In the absence of a court custody decree, a child’s father has the exact same legal rights as a child’s mother.
Would you be upset if he was tracking you when the child was with you?
When I got sick I wasn't able to work . I went to child support recovery an showed them my paper work where I had to apply for disability I filed for a modification of child support was denied so still was suppose to pay $ 645 a month with no income at all . I was in am out of the hospital for... Read more »
answered on Dec 14, 2022
In a contempt case, you have to prove that you have exhausted all resources in order to avoid contempt. Your being able to work is not the only solution. Sometimes, people have to borrow money, take a loan from a bank, or sell assets in order to come up with the money.
Is there anything that can be done about the custodial parent that will not get a job? Her not working has my monthly payment sky high. She chooses to not work and get state assistance, living assistance, and child support...
answered on Dec 14, 2022
No one can force her to work. You can file a modification and try to prove she is capable of earning more. Also, you have to fact in thr cost of child care if she were to work. You would have to contribute to that also.
Or representation and having issues with being told that I were to pay child support and kids are in the custody of State and that I have no visitation rights how is these things possible when I wrote a letter notarized letter stating that I needed time to prepare for this civil matter while I was... Read more »
answered on Dec 11, 2022
The court is not required to wait until you are ready. You need to hire an attorney immediately to represent your interests. A letter isn't able to be used to stop or slow down the case.
I have custody of my child. her mother gets her every other weekend. my sister gets visitation the 2nd weekend of the month. my child's mother says when the second weekend of the month falls on the mother's weekend it doesn't count as her weekend but when the 2nd weekend of the month... Read more »
answered on Nov 30, 2022
Every other weekend is exactly what it sounds like. Numbered weekends are different. In order for an attorney to correctly interpret what your parenting plan says, you should set up a consultation so they can review the plan and give you advice based on what it says.
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