I am in the process of filing a CS modification and wanted to know which will be used to calculate the child support amount.
answered on May 17, 2023
First, I would urge you to hire an attorney and not represent yourself in this case, unless you are going through the Division of Child Support Services for this modification. A Domestic Relations Financial Affidavit is a document that outlines a parents income, expenses, assets and debts. You... Read more »
I've already filed late CS w DCSS and they told me I could not add these expenses--only the late child support. The noncustodial parent owes over 2k in medical/extracurricular and I cover the insurance for both children and have them 100% of the time. She also owes over 7800 in CS arrears.... Read more »
answered on May 16, 2023
Per your statements if there are arrears of $7,800 and over $2,000 in expenses owed, that is worth you hiring an attorney to file for contempt. An attorney can obtain a judgment for the funds owed, and they can also assist you with post-judgment collections. Because it's not just about... Read more »
On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??
I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »
answered on May 15, 2023
A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... Read more »
On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??
I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »
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answered on May 15, 2023
Unfortunately, you will not be able to get the petition dismissed based solely on the protective order being in place. The father has the right to legitimate the children and obtain legal rights and visitation (after the protective order expires) with the children unless you can show the court it... Read more »
Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.
answered on May 8, 2023
The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... Read more »
He has no contact with the children in a few years now, he doesn't support them at all. He never calls it texts or writes them. He doesn't buy them things on birthdays or holidays. They are now teenagers 15&13. They don't even know him other than when they were younger. I have... Read more »
answered on Apr 10, 2023
Although you may object to the legitimation, if the Court determines that it is in the best interest of the children that they develop a relationship with the non-custodial parent, and he addresses the Court regarding his desire to become a part of their lives, the Court may still grant the action... Read more »
How I can move the case to the states because I have been paying my child support directly through my check. But I have not seeing my kids in years thanks to the mom!
answered on Apr 10, 2023
I assume you know that Puerto Rico is part of the United States. However, the state in which you live now can take over enforcement of your child support, since neither parent lives in Puerto Rico. As far as not seeing your child, one has nothing to do with the other. Moving your child support... Read more »
FL to serve the Summons and Petition?
answered on Apr 8, 2023
The first thing you should do is hire an attorney and not file that modification yourself. The language an attorney can use is not the same as the language in the forms you will find online. And if a modification is not done properly and you don't obtain a reduction in support, you could end... Read more »
FL to serve the Summons and Petition?
answered on Apr 8, 2023
The first answer is not correct. You can serve per Georgia law. You have to use someone on Fulton's process server list who is willing to go serve in Florida, or you have to use the sheriff in Florida, or file a motion to have a process server in Florida appointed. That requires a motion and... Read more »
FL to serve the Summons and Petition?
answered on Apr 10, 2023
My previous answer is correct as service varies by state, and perfecting PROPER service may be different in the state of FL than it is in GA. For example, there are forms of service that are acceptable in NY that were not necessarily proper service in GA, but my client was serving a NY defendant.... Read more »
My brother had a relationship with a woman who is still married, but separated. She became pregnant. Said child is now two years old. The mother is trying to go after my brother for child support. Given that she is still legally married to someone else, who is legally responsible for paying child... Read more »
answered on Mar 31, 2023
If the mother believes your brother is the father she can open up a case with the Division of Child Support Services or hire a private attorney and file an action for paternity. The husband of the mother is presumed to be the father, however that presumption is rebuttable. And if your brother,... Read more »
I have gotten 4 different stories from 4 different people at the child support office. I just don't understand I get that they say that it's a rear's but how did they let me go for almost 3 years if I was supposed? To be paying this.
Dinner case get reopened or something. I... Read more »
answered on Mar 30, 2023
Arrears do not disappear, even if you gain physical custody. Because arrears are past due payments, not current child support. Now if you obtained physical custody through a court order, then your child support order for future payments should have been dismissed. If you simply took physical... Read more »
The matter will be heard in Fulton Country GA and a petition for Paternity and Child Support was filed. I know I need to file an answer and counterclaim for legitimation to get proper rights in GA and a definitive visitation schedule.
There is already a child support order from Illinois... Read more »
answered on Mar 8, 2023
If you choose to represent yourself you will be expected to have the same knowledge as an attorney. You will be expected to handle your own discovery, your case in chief and to prepare all of your documents for Court. I would highly suggest hiring an attorney, because the child support, custody... Read more »
I pay half of private school tuition for my two kids. In addition I give their mother a monthly child support amount. I also pay for half of summer camps, and half of medical expenses that she pays out of pocket. However, she is asking me to also pay half of other expenses incurred during the year... Read more »
answered on Feb 17, 2023
If you have an order for support your order should state what you pay. There should have been a child support worksheet completed when the court established your order that included any expenses the parties pay. There could have also been a child support addendum, which further explained what... Read more »
papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?
answered on Feb 9, 2023
It is always better to hire an attorney and have that attorney file your modification paperwork, rather than ask the Division of Child Support Services for a modification. That is because an attorney representing you is going to collect far more documents from the custodial parent than the... Read more »
papers. Is there a way I speed this up? Can I do my own CS case? If so what is the difference between DCS and a judge CS calculation?
answered on Feb 6, 2023
You can hire a private attorney and you probably will get a result quicker. Both judges use the same rules. It's just usually quicker to go through superior court and a private attorney, but you will have to pay the attorneys fees. DCS is free.
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 »
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 »
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