She only let's me talk to them if I send her money. I am behind on child support but working and paying it off. It takes 50% of my income. I have receipts where I have sent the co-parent thousands of dollars outside of child support, but I have not been allowed to see them in 2 years. Now she says... Read more »
Although it will take time and a lawyer, you need to file court papers to set up a "parenting plan" or schedule of visitation. You are required to pay child support, but at the same time , she is required to allow you to have time with the children. If you get a Judge to order the scheduled...Read more »
If the child is born during the marriage, then you are legally the father. And you will be liable for child support to her if there is a divorce. The same result if you marry after birth and adopt. If no marriage, then she may pursue child support through a Paternity Action, which will probably...Read more »
A court order is always best, especially if there are payroll deductions or wage assignments already in place. I would also suggest sending a "reminder" letter to the spouse receiving the support which advises the support obligation will end at the graduation ( since she is already over 18) and...Read more »
He is married and she does have a steady income. Is she responsible to keep his supposed up to date? He is not one to not pay his support. He has always been up to date.. so not having his own income and being able to pay is driving him nuts. I would think it would be considered one of his regular... Read more »
Was ordered to pay when child was 6 amount doesn't ever come down child support office says they have never gotten my tax money also said missed 2 months last year and I showed proof it came out of my check. Also they have my income tax return from the his they claim they don't IRS sent to them .... Read more »
Child Support bureaucrats will always claim you are behind. But you should not be generating Tax Refunds. Claim at least 1 if not 2 Exemptions on your W4. You lawyer should have told you this a long time ago. Tax Refunds are bad almost always.
First hire a competent attorney to examine the Case File where he was ordered to pay support. He may owe arrearages or may not. He probably needs to move the Court to terminate support if he did not do this at the Termination Order. Was there an Order terminating his rights? He needs to read it...Read more »
DCS placed the kids with my parents because of truancy and my sister's drug addiction. After a year, my parents were awarded custody. My sister was ordered the $150,000 in child support before that happened. My sister has co-occurring disorders, but hasn't gone to rehab and does not provide for the... Read more »
Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying...Read more »
You have no duty to support another persons' children- only the biological parents owe child support. I assume this is what you mean when you say the children are "outside"- that is, these are not your biological children.
Current custody order was finalized in GA approx 9 years ago, but minor child and CP have resided in TN since 2015. NCP has had no contact and provided no support for the last two years. NCP still resides in GA, but is currently incarcerated (in GA) awaiting trial regarding felony drug charges,... Read more »
Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the...Read more »
The child is now deceased. She went to court exactly one year from his death. He lived with me the last 3 1/2 years of his life. There was not a change through courts of a custodial parent. I have proof of him living with me through those years. I keep reading about the courts only going back five... Read more »
The 5 year limit you are referring to is a fairly new statute that applies when the court is first establishing a support obligation. When doing so, the la requires the Judge to also make a decision ( called "findings") about past due support or "retroactive" support. However, is rare cases the...Read more »
It's hard to answer accurately on the limited information given in your question. However, I suspect the answer is YES, BUT a recent amendment to Tennessee law limits an award of "retroactive child support" to 5 years, unless extraordinary circumstances exist. Consult an experienced family law...Read more »
DNA tests are now regularly, almost always, used to determine paternity.
If you admit the relationship with the boyfriend and there is some chance that he fathered the child, I suspect the Judge will allow the testing. If the boyfriend is the father, you will have to negotiate a parenting...Read more »
Consider filing a petition to have the arrearages reduced to a judgment.
The Tennessee judgment can be then "enrolled" as a judgment in Oklahoma. At that point, you should be able to find a collection lawyer in Oklahoma who would take the case on a percentage or contingency basis. there's...Read more »
At the present time, maybe not, but eventually, YES. Unless they get married and live "happily ever-after," there will most likely be some disagreement between them, thus causing the mother to file for child support. He has no parental rights to the child unless he files a paternity action, so...Read more »
Child turned 18 April 1, 2018 and graduated high school May/June of 2018. I continued paying child support until October of 2018 when I realized the rules are when they graduate high school and not after they turn 19. At least I hope this is correct.
Unless you owe an arrearage ( or old past due child support) you should stop paying immediately. Child support ends when the child turns 18 , or graduates, whichever event is last to occur. You only need to file a motion if there is a wage assignment or garnishment in effect, or your employer...Read more »
Controlling In regards to our son.He’s been doing this after we left court on January 17th,2019.This was helpful my ex husband was there during to parent plan adjustment.He got 89 days out of 365 and only gets to decide extracurricular activities.He gets supervise visits every 2 weeks.I think the... Read more »
Harassing phone calls can be a criminal offense. At the same time, your parenting plan requires you to make a good faith effort to work with the other parent to resolve minor disputes ( that is what is BEST for your CHILD). If the plan was changed on 1/17/2019- your ex still has time to appeal the...Read more »
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...Read more »
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...Read more »
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.