Get free answers to your Child Support legal questions from lawyers in your area.
answered on Nov 6, 2023
There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More
I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More
answered on Nov 4, 2023
Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More
answered on Nov 4, 2023
Para trasladar una orden de manutención infantil de Nueva York a Puerto Rico, probablemente necesitará registrar la orden en Puerto Rico. Por lo general, esto implica obtener una copia certificada de la orden de Nueva York y presentarla ante el tribunal correspondiente en Puerto Rico. La Ley... View More
My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More
answered on Nov 4, 2023
Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More
Been married since 2010 to present having endured physical abuse, deformation, parental alienation and ears of narcissistic controlling behaviors, having to endure having numerous affairs, these individuals living in the homes with my children, while the narrative of being a single mother is... View More
answered on Oct 14, 2023
Unfortunately, America's laws were not written with emergencies in mind. Our current economic situation with core inflation at 5% and rising means were are entering a recession, and jobs are going away, wars are starting up, cost are escalating, and there is no end in sight until a new... View More
My son reached out to me. I don't owe back support. I have paying them for 2 years and he never lived there
answered on Oct 4, 2023
Joining the military is a basis to suspend child support. However, it is unlikely that you can get anything you paid back. You should have a consultation with an attorney and show them any orders and stipulations that you entered into.
answered on Oct 6, 2023
If the supported child no longer has a right to support, an argument of fraud may be made, for its return in an action against the other parent. The amount of money you would get back will determine if it is economical. However, you should seek modification of the support order as well. Consult... View More
answered on Sep 28, 2023
The short answer is yes. Any and all income from any source is counted toward income.
Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More
answered on Sep 7, 2023
The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.
What we can say... View More
My ex asked me for a loan of $5000. She said she would repay it by not taking my child support money until it is repayed... I pay for all of my children's needs anyway so they wouldn't really be harmed, I'm just wondering what the law says about the case where the person receiving... View More
answered on Aug 16, 2023
Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.
Tuition bc they base it off my husbands salary. The tuition is $18,000, I have no income and an old falling down house. Should t my lawyer give me a document stating this, so I can enroll my daughter for an affordable price. It’s also based on breadwinners salary.
They live in a house that she bought when they first got together, but he pays for everything. He has it set up so that 90% of his paycheck goes in her account to pay all the bills. He is a very involved father. He wants to leave for several reasons but is unsure how he should go about it so he... View More
answered on Jul 17, 2023
Since they are not married there is no need for a legal separation or divorce. However, the house is not marital. Whoever owns the house keeps it. If only the gf's name is on the deed, it is hers. As for custody and support, those canbe dealt with in family court. Whoever is the residential... View More
I am 19 and going to college this year as a freshman. I am still under the care of my mom and I will not be dorming. I know I am entitled to child support until 21 unless I am self-supporting myself. Is getting a job while in college and living with my mother enough to cancel my child support?
answered on Jul 18, 2023
You don't say if the child support is due to an Stipulation between your parents or a court order. Usually, working part time or even full time during periods that you are out of school will not affect the child support. However, if you are working full time while going to school and are... View More
The original court order was established in 2017. We submitted our Financials (three years tax returns, W2's, 3 recent pay checks) The magistrate came up with a number and that was it. I filed for a modified recently and the non custodial parent tried to get my petition dismissed. The... View More
answered on Jul 13, 2023
A trial is where the Petitioner presents their case and the Respondent defends. The Petitioner calls witnesses and presents evidence and the Respodent can cross examine the Petitioner and the witnesses. The Respodent can call witnesses and present evidence. It is a good idea to hire an attorney... View More
I believe the father contested the determination but no response from Judge after that. What can I do?
answered on Jul 7, 2023
If you have filed for child support and have not received a final termination by the Court in Manhattan, it is recommended to follow up on the status of your case. You can contact the Clerk's Office of the court where you filed the case to inquire about any updates or next steps. They should... View More
I need to prepare settlement agreement. Please contact me. Right now I represent myself.but I have no knowledge about divorce process. Please help me. I have a 3 kids. He left us.
answered on Jun 22, 2023
Feel free to contact me or anyone like me to provide more details. Sorry you’re experiencing this.
I live in ny with my son who just turned 18 and will be attending college in the fall. My son's father (we were never married) has lived in Alabama for the past year but still pays the same $50/month in child support that he has for the past 17 years. I just received a form 309A in the mail... View More
answered on Jun 20, 2023
It should not affect your son at all. YOu received the 309 because he owes you a domestic support obligation. Child support is still due and owing even with a bankruptcy and cannot be discharged.
The non custodial parent has worked over time consistently over a time span of at least 6 years which can easily be proven because his income is public record. When calculating child support in NY, will the magistrate use the overtime or the base salary of the non custodial parent who will be... View More
answered on Jun 6, 2023
If overtime is available, the court will consider it for support purposes. If the non-custodial parent can prove there is no more overtime the court might not consider if the stoppage of overtime is not the result of the non-custodial parent's action.
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.