answered on Jul 26, 2023
If there is an Income Deduction Order that has been started the only way it will be stopped is by order of the court, or if you leave that place of employment. As long as you owe money and they are aware of your employer, they can garnish your wages. Now, if you were to work out an agreement with... View More 
I received a statement from the mother of my child from her insurance company for medical expenses. The CS order states that a validated bill must be presented before 50% service to be paid by me either in reimbursement or directly to provider.
answered on Jul 11, 2023
If you received anything that might indicate your child had a procedure that wasn’t 100% covered and there is an uncovered medical expense left, I wouldn’t split hairs over whether what she gave you is a valid bill or not. You can contact the medical provider yourself and see if there is a... View More
I want to use them the witnesses in a hearing. The dad overindulged in alcohol and is aggressive to child and mother .
answered on Jul 11, 2023
I would suggest hiring an attorney to represent you at trial. Trial procedure can be difficult for non-attorneys as you cannot use affidavits at a final hearing. Your witness will have to be available to testify and you will need to prepare your questions for your witness. You will also need to... View More
The administrative process violates separation of powers and is unconstitutional. In re Marriage of Sandra Lee Holmberg vs Ronald Gerald Holmberg as well as other case laws that already a exist.
answered on Jul 4, 2023
You should hire an attorney if you have a pending child support case because the argument you have presented today will not be successful and you will be assessed with support, if you are the biological, non-custodial parent and the custodial parent seeks support. And since you will be unable to... View More
He didn't let me work due to his jealousy and also because he wanted to get citizenship through me. I basically have to do whatever he wants or he'll cut me off financially. I cant get a lawyer because I dont have the finances. He owns a business as well. He also has an order of... View More
answered on Jul 3, 2023
My best advice is to use credit, loans, family, friends, and the sale of any assets you have to hire an attorney. The attorney can then petition the court for temporary spousal support and attorneys fees so that you can attempt to obtain an order to help you pay for your lawyer and take care of... View More
I'm having an issue with my child's mom. Part of out child support agreement is that I pay 50% of non elective medical expenses. I was informed thru email 5/4 of services for our child. First service was for and ENT rendered 1/30. I was sent a bill for that service 5/4. The next 2... View More
answered on Jun 28, 2023
You submitted this question on Avvo as well and I think you got some great responses. There is no deadline for the custodial parent to submit medical bills to the non-custodial parent for payment, by law or statute in this state. Therefore, if there is not a deadline in your parenting plan, child... View More
Was employed. He is in a homeless situation, has no job, no income, his license is suspended for lack of payment and he has no transportation. He us in a tough situation. He has not been able to gain anytime of employment. How long can they hold him in jail? He has no money. Georgia
answered on Jun 22, 2023
When he lost his job he could have modified his child support using a legal aid service or representing himself. Now that he's been incarcerated, there is no timeframe for which they are legally bound to let him go. So he may sit in jail for awhile if he cannot satisfy the purge amount. They... View More
My current child support says to stop lottery winnings, federal taxes and no passport
answered on Jun 5, 2023
You should consider hiring an attorney to assist you in settling your child support case. An attorney can help you come to an agreement on how much you would pay per month. And as long as your payments are being made, the state shouldn't be trying to garnish other monies . But since you... View More
We separated in 2010 and he owed back support from that time. My ex moved to Oregon after the divorce (from South Carolina) he worked under the table for a friend and lived with this friend until both kids were 18 (~5 years). South Carolina wouldn't do anything about collecting the money. I... View More
answered on Jun 5, 2023
You can always attempt to collect child support arrears, provided the state that governs those arrears does not have a statute of limitations that has run. However, it sounds like you have not had much looking using the Division of Child Support Services in various states to collect. Thus, you... View More
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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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.
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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... View 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... View 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... View 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... View 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... View 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.... View More
FL to serve the Summons and Petition?
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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... View 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... View 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,... View More
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