A complaint would need to filed with the court asking that he be found in contempt and asking for the back support, attorney’s fees, and expenses. The court can order that he be incarcerated, as well, but whether or not you receive the full amount in lump sum depends on how much is owed.

You should retain an attorney and file a petition asking that your ex be found in contempt and requesting any amounts owed to you, including attorney’s fees, filing fees, and service fees.

You will have to pay the support until you file a petition with the court asking that the support be terminated for the above reasons.

Yes, you can ask for a reduction of child support at retirement; however, it will not be rubber stamped. The court will look at several factors while making a decision to grant or deny your request, e.g. your age, your health, the reason for the retirement, your ability pay, whether you can/will... View More

I cannot tell you that it is impossible to do what you are asking; however, I can tell you that I have not seen it happen in the 20+ years that I have been practicing. MDHS is going to assume that your mother used her funds to support you during your minority; therefore, the arrearage amount is... View More

A lawyer is not required to be retained for a parent to terminate her parental rights. Likewise, your husband could perform his own vasectomy without a doctor if he chose to do so. But he wouldn't do that, of course. Believe it or not, a parental termination case is just as serious as a... View More

This is a terrible situation. I am assuming the two children are also your friend's husband's children. There is no law prohibiting her travel out of state with her children. If Michigan is where she has friends or family, that is the logical destination for her on a temporary basis. If... View More

Yes. If you have temporary physical custody of your child by virtue of a court order, you can be taken off child support. The temporary order should order that, but if it does not, contact your DHS case worker and provide her with a copy of the order showing that you have temporary physical... View More

First, if you drop the case with DHS, the arrearage will continue to accrue. Second, generally, child support is based on a net income figure for the paying parent and any previously court-ordered child support, not the number of children he has. If his older children have emancipated, they cannot... View More

I really don't have enough facts to be confident about my answer. However, I am assuming you meant that the IRS took your refund. If either joint filer has a back child support issue, any refunds can be confiscated by the IRS. I don' t believe that the IRS will release the confiscated... View More

If the emancipation is due to the child reaching the age of 21, there is really nothing for you to do. If the child support is being taken out via a withholding order and/or DHS is collecting the money each month, you may want to contact that agency to ensure that they are aware that the child is... View More

Your boyfriend is probably paying off an arrearage in child support. Child support in Mississippi becomes vested once due and cannot be forgiven. However, the courts can give credits against the debt. If it is an arrearage, then he is basically on the hook until it is paid off.

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answered on Jun 29, 2021

There is no recourse for you against anyone. But your Parents probably took the property as heirs at law under intestate succession. You may want to hire a competent attorney to search the title and determine heirship. Then you record an Affidavit of Heirship in the County Records. That will... View More

Yes; since the child is living with you, it is in your best interest to notify DHS of the change in living arrangement and petition the court to suspend child support so that you will no longer be paying.

Once the back support becomes due, it is vested. It cannot be forgiven or waived. You would still be entitled to the back support if he was ordered to pay you in the court order. If you allow your child to live with your mother, she should receive it because you would no longer have the child and... View More

You need to file for a modification of the last court order requesting a decrease in your child support amount. You will have to show a decrease in income since the entry of the last order that was caused by circumstances beyond your control. In other words, you didn’t voluntarily quit your job... View More

The letter means that DHS is attempting to collect a debt of past due child support only, not current support. Also, the agency is not reviewing the file in an effort to increase the monthly support amount.

Yes. Your children’s emancipation (turning 18 usually) has no bearing on past support not paid. Child support will be collected until paid in full or waived by the paent receiving. Keep in mind that some states charge interest on the principal amount and the debt is not paid until both principal... View More

It's really going to depend on the language in the child support order; however, since your son has reached the age of majority, he will need to sue his father for the back child support within a certain time frame, otherwise he will not be able to collect the back child support.

Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would... View More