Anthony Marvin Avery's answer They usually track you down through your Social Security Number. Sometimes you have told someone who tells the mother. Or you are forced to disclose your job in Court or annual 1040 IRS Forms the obligee
gets. Internet searches can sometime disclose your job, especially if you are careless enough to use facebook or similar blogs.
Leonard Robert Grefseng's answer apply to the child support office for a "review" of your case. You will need to prove that the child no longer resides with her. Keep in mind that the mother may attempt to correct this when she finds out that you have asked for the review. consult an experienced family law attorney for advice on your specific situation.
The child support order is a court order where the Judge has ordered the father to pay an amount of money, ( in order words, CASH or funds ). The judge did not order the father to buy clothes or pay doctor bills. As a result, unless the Mother just agrees to allow this as a credit, buying clothes or paying doctor bills is NOT complying with the support order.
Consult an experienced family law attorney for advice on your specific situation.
Leonard Robert Grefseng's answer All courts work on written requests, sometimes called a "complaint" or "petition" or "motion." In your case it sound like the proper paper to file with the court clerk where your divorce case took place would be a "petition to modify the parenting plan." I assume the boy had been living with the other parent. If so, you must get court approval of that arrangement ( it does not have to be a battle, your ex can agree to the change). You and he/she can't just change things on your own- the Court...
Leonard Robert Grefseng's answer If I understand the situation, the answer is NO: you can sign away ( the proper legal term is "surrender") your parental rights ONLY if someone else is willing to adopt the child and therefore assume the responsibility of supporting the child. You can't just sign to avoid the payment of child support. An adoption terminates only the current or existing support, it does NOT terminate any past due or arrears in the support.
Leonard Robert Grefseng's answer No, the support is a continuing duty, which is subject to modification ( meaning increases or decreases) as circumstances change. Any "extra " support can be deemed a "gift." The general rule is : pay the required amount on time, every time, not a penny more, but not a penny less.
Leonard Robert Grefseng's answer Sorry, but you haven't provided enough information to provide an accurate answer- I am not sure what you mean by "percentage rate."
If you mean the interest on the arrears- that is set by state statute and therefore it can't be lowered. I suspect your situation is more complicated, so YES, consult an experienced family law attorney for specific advice on your situation.
Leonard Robert Grefseng's answer If you are paying by wage assignment, it is sometimes necessary to get a court order to convince the employer to stop the wage assignment. If you are paying directly, you can simply stop paying on the graduation. It might be wise to warn the recipient that you intend to stop payments at that time to make sure they agree that there is no arrearage.
Leonard Robert Grefseng's answer You need to contact the child support enforcement office in your county ( In Tennessee, it is part of the District Attorney's office) and tell them your situation. If you are off public assistance, it's likely your can terminate your child support case. If you later get divorced, the divorce court can again set child support ( assuming you are the primary residential parent - "custody" is no longer a proper term).
Leonard Robert Grefseng's answer Insufficient information to enable a response. Was there a divorce? check your parenting plan. If you were never married- how was paternity established- DNA tests or voluntary acknowledgment of paternity (VAP) .
If paternity was established, then you should file a petition to establish a parenting plan. You are entitled to have time with the child/children and if you and the mother can't agree on a schedule for that, the Judge will decide a schedule for you and you both will be bound by...
Leonard Robert Grefseng's answer Nothing will automatically happen- you will have to make a request. Every county in Tennessee has a child support enforcement office ( it is part of the district attorney's office). Once the child is born, consult that office if your are need of child support.
Leonard Robert Grefseng's answer He should file a petition ( a request) in the court that set the support asking to change the payment to the care-taker family. ( He can't automaticly change anything about child support- it's set by a court order, so in the strict sense, only the Judge who set it can change it). He must comply with the existing court order until the Judge changes it. Under Tennessee law, the "child support Calculator" is a computer program available on line and the program takes into account the number of days...
Leonard Robert Grefseng's answer Modification of a parenting plan requires a showing in court of a "material change of circumstances"- which is heavily fact dependent, or in other words, on a case by case basis., each case to be examined on its own. Unfortunately, college expense for the other child is of no importance- no parent can be required to support a child past their 18th birthday, If there have been no problems with the existing arrangement ( arguments about holidays or pick up times, etc) then, some judge will go by...
Bennett James Wills' answer To change custody the petitioner would need to demonstrate a material change in circumstances. If nothing has really changed, then he may not prevail. If, however, you hire counsel and do prevail, the court, at its discretion, is permitted to award you with your reasonable attorney's fees per statute.
Leonard Robert Grefseng's answer Although many debts can be eliminated or reduced in bankruptcy court, child support is not of them. In that sense, there is no need to worry too much about his bankruptcy since the support obligation cannot be changed by the bankruptcy court. However, he could likely avoid the medical bills, so I don't think you can ignore the process completely. Your question doesn't say the type of bankruptcy he filed ( there are several: "chapter 7"- chapter 13 or chapter 11- all named for the specific...
Leonard Robert Grefseng's answer Child support is NO longer calculated as a percentage of income. Support in Tennessee is now determined by a computer program ( called the "child support calculator"- try googling that term). The program requires the gross income of BOTH parents, the number of parenting time days each parent spends with the child, the umber of other children in each home or which are also supported by the parent, the cost of health insurance coverage for the child ( if any) and the cost of work related daycare...
Leonard Robert Grefseng's answer Your question is not clear- strictly speaking , the term "child support" generally refers to a sum of money, a fixed amount of dollars, which is usually paid monthly ( but can also be paid weekly or bi-weekly , or in really any interval that the parties agree on). Under Tennessee law, this amount is determined by a computer program which takes into account the gross income of both parents and the number of days each parent has with the child ( but there are other factors as well). One parent...
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.