Get free answers to your Child Support legal questions from lawyers in your area.
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
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... 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 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.... View 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 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
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... View 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... View 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... 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.
answered on Nov 20, 2022
If you pay the amount owed, the license will be reinstated.
We have mediation and court scheduled. I don't understand why I have to pay for my attorney and mediation when all that needs to be done is calculate CS. Ex is high conflict and not working but they have copies of her pay stubs and what she was making before she purposely was terminated. Do... View More
answered on Oct 18, 2022
She is not obligated to agree to what you want. No one can make anyone sign anything. I'm sure your attorney has a worksheet prepared and will do their best to get her to sign. But we all have free will. If she doesn't want to sign, then you have to go to court in order to get the... View More
I am going to file for an uncontested divorce without an attorney. My ex and I have actually been separated for over ten years. We do have two children together, one is no longer a minor. He has agreed to sign the divorce packet if I waive the child support. Is this possible? I know that it isn’t... View More
answered on Oct 11, 2022
Child Support can't be waived.
answered on Oct 9, 2022
Yes, you need to keep paying it. Child support and parenting time are not connected. If you need help with parenting time, contact an attorney.
There are 3 children born during my marriage. 2 of them are my husband's biological children and 1 was born after we split. It is not my husband's biological child and he has never supported or raised this child in any way. What do I do regarding that child in the divorce process?
answered on Oct 6, 2022
You need to speak to an attorney about this. It is possible to note the husband has no responsibility for the other child, but it must be done correctly. Legally, all children born during the marriage are legally the husband's.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.