It is unclear what exactly you are asking, but just as a general answer, if a filing or an action was "dismissed without prejudice and stricken," that means that the court has terminated it and will take no further action on it, but the "without prejudice" part means that the... Read more »
You may consider filing a counterclaim or challenging his paternity in court. However, your question does not provide many specifics so it is difficult to say. You might seriously consider sitting down with an experienced family law attorney to discuss your case in more detail.
If she takes one vehicle, does that subtract from child support or do I pay for it still plus all of the child support?
Unmarried couples who are trying to split property face different challenges than those going through a divorce. You should speak with an attorney who can look at your situation in more detail and lay out a path forward.
I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... Read more »
If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... Read more »
They will not tell me her name. And my x went against my wishes when I asked him to not have his gf around our toddler till I met her and was comfortable with it
That will largely depend on the girlfriend's background, and also whether you have a formal custody order in place (and what it says). You should speak with a family law attorney to discuss your case in more detail.
My children are now both over 19 years old. Per Indiana law they are emancipated from child support. It was never set up to take child support out of my paycheck / wages. However I made all payments and my ex-wife will confirm that I have. What document(s) do I need to provide for the court as... Read more »
How did you pay her? If you paid with anything other than cash (e.g. checks, money orders, electronic payments) then the best thing to do is simply produce that documentation (cleared checks, money order receipts, etc.). If you paid by cash, then any receipts you received from the mother will help.... Read more »
Mother is having felony neglect charges
That depends. It is possible, but usually that decision will be made by the court that is handling the DCS case.
You should contact your local court clerk, they may have templates you can use. You should also consider consulting with a family law attorney, who can possibly help you draft the document you need.
My husband and I have been seperated since August 2018. I finally got child support ordered in Dec 2019. He did not help with the kids and has no contact with them. Can I get support for the 16 months prior to when we had our hearing in Dec 2019. Due to Covid our divorce hearing has been moved... Read more »
The short answer is generally yes. But if you have an attorney you should be consulting directly with him.
I was married in Indiana in 1993, had a child in 1994, and divorced in 1996. My ex wife had sole custody until he turned 19. There was no child support order in place (that I know of) for this whole time, but once she became disabled and was forced to stay for quite some time in a nursing facility,... Read more »
It is possible for the party receiving support payments to waive child support arrears. However, if the state provided cash benefits to the mother at any point during the child’s minority a waiver of child support by the mother will only be granted up to the amount owed less what the state is... Read more »
My husband filed modif. Of child support due to work loss and disability. The hearing was today where his ex wife's attorney wanted to know my income and how many hours I work a week. The judge made my husband answer. I feel violated as it's my personal right to my own information and i... Read more »
Generally the answer is “it depends”. The judge can allow the question, but he or she should not make a finding or ruling on your ability to pay child support that includes consideration of a step parents income. There are caveats to that. For example, if the income is derived from your work... Read more »
Always a difficult question because it does involve a financial commitment and often times emotions get in the way of rational decisions when it comes to separating a household.
If the divorce is amicable (rarely), there are no disareements about assets and debts (and your financial... Read more »
Will she lose her license? She is refusing me to talk to my children when she has them.
You can bring an action for contempt in the court that has jurisdiction of the case. The court will hold a hearing, at which point you would present your evidence, and ask the judge to hold the mother in contempt and force her to pay the money owed. I would recommend that you speak with an... Read more »
There is a Statute of Limitations of 10 years after the child turns 19...she turned 19 in 2007....GA has been enforcing the support order even after the statute of limitations has run out. What do I do? Am I still required to pay? If not, can I recoup what I paid after the statute of limitations... Read more »
If the order was from Indiana, that state’s law controls. If the case originated under Title IV-D (Social Security statute), which it sounds like it might, there is no statute of limitations if what you owe are arrears for non-payment while the child was a minor. Yes, you are required to pay... Read more »
Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... Read more »
They may be. If there was a court order in place, and child support was properly set up, then the state should be keeping track. However, you may need to contact them or initiate a court filing in order to hold the father responsible.
This is to set initial custody child support etc.
You should consider contacting one of the lawyers on Justia to see if you can set up a brief consultation to review your matter. Having representation for a case like this can be very helpful. If you cannot find an attorney by the time of tomorrow's hearing, you can ask the court for a... Read more »
Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... Read more »
It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.
Does non-custodial parent have to file some kind of motion with a court (Indiana) to make sure that they no longer have to make CS payments? Child finished secondary school, is not going to college and is not handicapped.
Motion has to be filed requesting it.
Myex filed a protection order as part of divorce dissolution. 14 pictures of sunburn entered as evidence. Have the texts stating I put sunscreen on the kids several times. Just want to show that to the judge. Also is sunburn really enough to keep an active father from his children for almost a... Read more »
If the text messages are communications between the parties to the case, you should be able to admit them with little trouble.
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