Get free answers to your Child Support legal questions from lawyers in your area.
Never married, no custody arrangement in place. I recently filed for child support and coincidentally he filed an abuse/neglect report with CPS. He releases him to me after he takes him every other weekend. He's repeatedly told me he wants me to move away with him and I'm not sure how to... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025
If you were never married and there is no custody order in place then you literally have all the power. Unmarried father's have no custodial rights in Ohio unless a court grants them parenting time. You would be within your rights to simply not give him any parenting time. In short, you... View More
My childs father does not have sole custody and he does have to pay child support. There is no custody or visitation order through court but i do let him see his son on the weekends if hes not busy so its not a guaranteed every weekend. He is on the birth certificate so he is the established... View More
answered on Mar 30, 2024
If there truly is no custody order, parenting plan or visitation order on the record, and assuming you and father were never married, you may move. He has the right to file a motion to establish his rights however. You would be best served by investing in an attorney in the county in which you... View More
answered on Feb 26, 2024
Tricky question. Technically a parent has an obligation to parent a child until they emancipate. That usually happens when the child is both 18 AND a high school graduate. This may be further complicated if a parent is receiving child support on behalf of that child. This question does not... View More
How do I go about getting a DNA test? She is obstructing and being difficult at every opportunity, vowing not to ever let me near the baby out of nothing more than spite. I can't afford to retain a lawyer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
I would suggest taking a few steps to establish paternity:
1. Seek legal counsel. A family law attorney can advise you on your rights and the process for establishing paternity in your state. They can help you file a motion with the court to compel a DNA test if the mother is uncooperative.... View More
Support that she needs to have changed in the court system. She can't afford a lawyer and I don't think our area legal aid handles these cases anymore. Any advice or help for her appreciated.
answered on Feb 25, 2024
She and the ex need to file a joint entry (with the judge's signature) modifying the parenting plan to reflect this new situation. Once that is in place she needs to contact CSEA and provide a certified copy of the filed entry to them requesting the modification of the support award.
Hello, I am reaching for some legal help. Does my wife have right to take our children away to her mothers house? I was “kicked out” from the home a month ago, against my will, but been present and coming back daily to see the children and to spend time with them. My wife is claiming that she... View More
answered on Feb 5, 2024
In the absence of a court order, married parents have equal rights to their children. Thus, she is within her rights to take them over to her mother's house, and you are within your rights to spend time with them as well. Your best course would be to hire an attorney and file a divorce and... View More
I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More
answered on Jan 30, 2024
That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can... View More
Everything was ordered in court but still waiting on entry
answered on Jan 23, 2024
Generally speaking, the judgment entry will be issued after the magistrate's decision. Generally speaking in Ohio, the court is expected to do so "timely" following an adjudicative hearing. If a magistrate is issuing a decision, you will have 14 days to file any objections to that... View More
My daughter has anorexia and was diagnosed when she was 15. She’s been in a lot of treatment over the years. Last year she was in a treatment center that cost $15k out of pocket. My seperate agreements states we split medical bills. Does the splitting of medical bills stop when my daughter turned... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
In general the duty to support goes to age18 or graduation from high school, whichever comes later. If she hasn't graduated you may be able to enforce payment. If she has graduated then she is no longer part of your divorce decree and he has no duty to support.
My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More
answered on Jan 15, 2024
The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have... View More
answered on Jan 4, 2024
The parent seeking retroactive child support will have to file a formal petition with the court. Their petition must specifically ask for retroactive payments for certain dates and needs to include reasons that justify the support award. Reasons to seek retroactive child support include:... View More
I pay child support to him, how do I change that to my mother since she has my duagther now?. He does not help nor has he reached out since my child moved to my mother's house in Sept.
answered on Dec 11, 2023
This really should be handled by an attorney. This case could turn on many facts not stated in the question. Why did Father have custody? Why is the chlid with maternal grandmother? It is likely your mother will need to file a Motion to intervene as a party and then file a motion to... View More
The person pays the mother monthly with a portion of their paycheck even when they don't get to see the child, there is no existing child support order due the fact of paternity not being established as of yet.
answered on Dec 7, 2023
Under these facts no one is going to jail. If there is no order, there is no arrears. If there is a pending case, the Court may award arrears, however, the obligor will have an opportunity to pay back them back over time. Seeing the child is a separate matter from whether one must pay support.... View More
A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her... View More
answered on Nov 29, 2023
If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has... View More
I am currently in Ohio, and my ex-fiancée and our 3-year-old son are in Oregon. We had no formal custody arrangements before. Recently, my ex-fiancée, influenced by false claims from a social media contact about my relationship status, blocked me on all platforms and filed for sole custody and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025
If your child has been in Oregon for three years then Oregon has jurisdiction. I recommend you reach out to an Oregon family law attorney for a consultation.
In Ohio, I have an existing child support order and am currently modifying back child support to the date of my disability. I have three children, and they all receive SSDI benefits. Does the SSDI my children receive count toward my contribution to child support?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025
In Ohio, yes, the SSDI benefits your children receive due to your disability generally count toward your child support obligation. These derivative benefits are typically credited dollar-for-dollar against what you owe in current child support. This means if your court-ordered support amount is... View More
As the custodial parent, can the non-custodial parent file the child on his taxes because he pays child support? My child lives with me for more than half of the year. The non-custodial parent only gets the child for two overnights a month, starting from January 2025. This is the first time this... View More
answered on Mar 6, 2025
Generally speaking, and this is not legal advice, for tax, non-custodial parent can only claim the child if you (custodial parent) provide a written declaration releasing your claim.
I recently received a notice from the child support authority in Ohio regarding the garnishment of my personal injury settlement. There is an existing agreement for child support, and despite a 22-year incarceration which prevented me from fulfilling my obligations, since my release in 2022, I have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2025
You can try, but they have very little reason to accept less than the amount owed.
I’m leaving my abusive boyfriend and his family and going to my parents. His family is also abusive as well. And would voice recordings be enough proof of them being abusive to keel them away from my kids. Ps I’m leaving today Jan 31 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2025
Leaving an abusive situation is never easy, but your safety and your children’s well-being come first. If there is no existing custody order, you are not legally required to allow him to see the kids right now. However, he may have rights as their father, and the court will ultimately decide... View More
The mother of our kids moved out. Now I have a request to pay child support. She advised it wasn't her doing. Unsure if I'm being lied to or if she the state really would request this without her approval
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024
If a person applies for any public benefits they are required to also file for child support. If she did that, it is possible that she signed up for child support and did not even know that she has done so.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
