Lydia Seifner's answer The second order for child support may be higher if there has been a significant increase in income between the first and second orders. Generally, the second order will be smaller and it must account for the first order during calculation. It sounds like there are some contributing facts in your case that were not disclosed in your question, so I would encourage you to talk to an attorney local to you to discuss your case.
Lydia Seifner's answer The child support amount would not automatically increase if one parent receives an increase in income. However, a significant increase income would allow the other parent to pursue an increase in child support, if desired.
Lydia Seifner's answer It depends a bit on how the daughter has moved out, if she is living in a dorm while attending college, but returning home during school breaks; the court will presume that the she is still technically living in the mother's home. However, if your daughter is legitimately living on her own, then you no longer owe child support to the mother. Contact an attorney local to you to be discuss your situation, and your options.
Lydia Seifner's answer Your rights are entirely dependent on your marital status to the custodial parent and if there has been a previous court order that the other parent might be violating. There's not enough information here to give and adequate answer, so I highly recommend you speak to a family attorney in your area.
Jennifer L. Rench's answer If I understand, you are trying to determine when child support stops if your child continues on to college. The timing of events is really crucial to give an accurate answer, but if the scenario is that your child graduates high school or completes a GED program, turns 18 but will be going on to college, then your child has until October 1st following graduation to enroll in at least 12 hours of credit for each college semester. Turning 18 won't by itself terminate child support in that...
Lydia Seifner's answer Depending on when your husband was served, the time for him to respond may not be over yet. If the court hasn't provided a date for you, you can contact them and ask for a court date to be set. It will be easier if you have an attorney do this for you, especially considering your distance from the jurisdiction. I would encourage you to contact an attorney in Tennessee to assist you.
Lydia Seifner's answer Child support is to assist the parent actually caring for the child, if your ex is not housing the children, then there is no reason for him to be the recipient of the support. You will still owe support, but can have it redirected to the household's actually caring for the children, and sometimes to the children themselves. Talk to an attorney in the county where the original judgment was filed to assist you.
Lydia Seifner's answer You will need to contact child support enforcement in may and fill out their forms for terminating child support; but otherwise you don't need to wait until October to file for termination.
Kristen Thurmond's answer Contact an attorney to help you or look at the self representation forms on the Missouri courts website. A father cannot terminate his rights unless another individual is going to step in to take his place. He can agree to no custody and you can agree to no child support. However, it is in your child's best interests to receive support from both parents if they're physically able to contribute. That said, every situation is unique. Talk with an attorney in your area.
Kristen Thurmond's answer You need to get an attorney immediately. The sooner you file, the sooner your child support obligations will stop or be retroactively stopped and the sooner you can get a new custody arrangement ordered by the court. Drug use is a very serious problem that judges will consider greatly when determining custody.
Lydia Seifner's answer If the visitation schedule has changed and the parties wish to have an modification on file with the court to reflect those changes, making them enforceable, they may do so with an uncontested Motion to Modify. But it's not necessary if both parties are in agreement.
Lydia Seifner's answer Yes, if there are minor children involved you must file a form 14. However, you can state in the petition and in the final hearing that, by agreement, neither of you are requesting child support.
Kristen Thurmond's answer If child support was ordered during the time you were denied access, then you must pay child support. Child support and parenting time are dealt with separately by courts. The reason why you were denied time may impact future time with your children. You need to find a local attorney to help you, even if it's just a paid consult to get you moving in the right direction.
Kristen Thurmond's answer Without scouring through the statutes, there is nothing I can quickly recall that requires a parent to inform the other of increases in pay. However, in practice, there does seem to be an implied obligation based on the statutes that both parents should report changes in income in regards to child support. That said, you need to get an attorney to help you make the right arguments to the court so as to not be the unreasonable, less credible parent.
Lydia Seifner's answer Yes, further custody proceedings would have to be done in Missouri, in keeping with the current Court orders. Children do not get to decide where they live; if you have sole custody of your daughter, then neither she, nor her mother, may make the decision to change her residence. You will not have to pay child support until a court changes the child support orders.
Talk to an attorney in the jurisdiction in which your orders were initially issues, unless your ex requests a...
Kristen Thurmond's answer Without knowing your specific situation, in most cases child support can accumulate when an order is pending. This is what the legal system refers to as retroactive child support. If you want to pay support in the interim to reduce the amount of arrears that will accrue from the retroactive support, always make sure it's by check or money order with the description line saying "child support" and keep a copy. You will need to show it to the family support division or judge to get a credit. You...
Lydia Seifner's answer Unfortunately, yes, a case can go on for months and years waiting on one party. The only thing you can do at this point is to keep asking for trial dates. Eventually the court will get tired of it and stop continuing it. In the until that time, you could ask for costs or enforcement of child support should they continue it again. Talk to an attorney local to you to assist you.
Kristen Thurmond's answer You need to seek the advice of local counsel. This is a serious issue and you need to go to court. Orders of Protection have two phases. An ex parte, where the filing party gets a temporary order based purely on the petition. Then there's a court hearing to determine if the order needs to become permanent, or what the court system calls "full" (Full Order of Protection). Go to the hearing with or without an attorney. Just because he has an order of protection against you, doesn't mean you don't...
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.