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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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 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... View More
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... View More
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... View 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.
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... View 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... View 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... View 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.
I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More
answered on Mar 26, 2024
Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More
answered on Mar 21, 2024
Yes. Giving up your parental rights will not relieve you of your obligation to financially support your minor child.
Through dfcs without my knowledge?
answered on Mar 13, 2024
A potential father can take a mother to court on an action to legitimize and the court can order a paternity test. If he is determined to be the biological father the court may award him some form of custody & visitation.
When my ex and i divorced we agreed, no child support. Now, I want to take him back. Since our divorced my pay increased 4k and his decreased 2k. We shared 50/50 custody and now our incomes are almost the same. Maybe off by 300 a month. Would it be a waste of my time to take him back to court?
answered on Mar 2, 2024
No one can tell you what the child support would be without any financial documents. Child support can be modified every two years without a material change in circumstances. If you think there could be an increase, you could hire an attorney and take the father back to court.
The non-custodial parent has never made a payment for child support, that was court ordered in 2016. He is over $28,000 in arrears (according to DFCS case portal) but they won't enforce saying I have to re-file as a "Full" case.
answered on Feb 19, 2024
I wold advise you to hire an attorney and file for contempt. An attorney can assist you in obtaining a judgment and in post-judgment collections to collect on that judgment.
answered on Jan 2, 2024
You can file a case with the state for your arrears or hire a private attorney to file a contempt action. Those are your options.
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