I'm struggling with my own self because of what my in-laws and wife has done. I'm trying to pick up the pieces they left behind. I'm trying to do that, support my son and make a life for us. If I get hit with what is normal on child support I'll be literally on the streets.
Judges tend to place child support as priority number 1 as far as "creditors" go. I've been in front of judges that have told litigants to forego utility bills, credit cards, etc., to make their child support payments first because failure to do so could land you in jail.
My wife has taken my child from me before. This time after we got back together and moving to TN because she hated Wisconsin. She and her Mother-in-law left me with a debt that include my Mother-in-law not paying for her husband's and her cell phone in a attempt to take me out the picture.... Read more »
Child support is determined by income of the parents with certain deductions for insurance, day care, and medical costs. This calculation is then made on the guidelines in accordance with the custody schedule. Having "debt" is not going to factor much, if at all. You would be wise to hire...Read more »
My child’s father has not paid his court ordered child support in almost 5 years, the state of Tennessee tells me to get a lawyer bc we have a parenting plan which states the father is to pay 200 a month for the child. Has not paid in almost 5 years, I don’t have money to be paying for a... Read more »
As the other answer says, you can seek attorney's fees. These are authorized by statute, including civil or criminal contempt. However, if you are awarded fees, it's just a judgment like anything else. He may not have the ability to pay and you may not be able to collect. You would still...Read more »
You can get a child support order pending divorce. Or you could file for legal separation and seek custody/visitation. Support is calculated using the parties' income, deductions for things like insurance and child care, and then applied to the guidelines. Seek local counsel to assist you to...Read more »
Dad pays child support for 1 and has the standard visitation of every other weekend. There isn’t support established for the other, nor a parenting plan. He doesn’t provide any physical everyday support. The move would establish better financial support, emotional support, educational support,... Read more »
The custodial parent is free to move without the court’s approval if that move is less than 50 miles from the other parent. If that parent wants to move further or out-if-state, the law requires the parent to provide a written notice to the courts and the other parent.
Until an unmarried father petitions for and is eventually granted custody rights, the father has parentage obligations to keep the child safe and provide financial support but has absolutely zero parental or custodial rights.
The father had 4 children. 2 are adults now, 1 other and mine are minors. At time of death the father was still paying child support. The sister n law has been given Administratrix over the estate. I read somewhere that child support would have to still be paid up and would come out of the estate... Read more »
I was not married to her mother when she was born and have been told I have no rights to my daughter because of that. We do not get along very well therefore my parents do majority of communication with the mother to keep the peace and so I can see my kid. I want rights established so I can have a... Read more »
File a Petition to Establish Paternity in the County you/the Mother live in. As your name is already on the birth certificate, you should be able to get parenting time through a parenting plan without having to do a DNA test. If you have additional questions, I recommend you speak with a family law...Read more »
(I left due to him being emotionally abusive.) We were never married, and I have been taking care of them full time. I've been staying with my mother a couple hours away from him (He stills lives with his parents). He has typically helped me take care of their needs financially, outside the... Read more »
If there isn't any type of custody order from the court and potentially he didn't sign the birth certificate, you won't have to do anything and you can just move. However, this is for TN. I do not know the laws in NM and could be completely different than in TN regarding child...Read more »
For him to file for joint custody? He is currently in jail due to an FTA and we go to court next week for an order of protection. He is on probation for a domestic abuse charge that happened last October
Yes you can definitely move. In TN, there is a presumption that a child born out of wedlock is the mother's unless paternity has been established. However, he can file something in Juvenile Court seeking paternity. To provide a better individualized response to your daughter's...Read more »
We have joint legal and physical custody. But he has been primary physical parent for the last year. There is a pending legal case (charges filed today) against my daughters dad for child abuse/neglect in KY. CPS has hinted there’s a possibility she could be returned to his care unsupervised if... Read more »
Maybe. Child support is calculated based on the income of the parties, custody time, and other contributing factors such as insurance, daycare, maintenance, etc. These are applied to child the support guidelines to determine who pays how much to the other parent. Once you petition the court for...Read more »
I live in Tennessee. My 14 year old son had got into some trouble and had to go through court and probation. As a last option it was suggested that my son move in with me to see if I could straighten him out. He moved in with me right after Thanksgiving last year. I have a court ordered child... Read more »
You would need to pursue a motion to modify the current court orders and satisfy the standards for doing so as well as recalculating the child support based on the guidelines. This is not an easy process. Although some counties have forms available online, you would be wise to consult local counsel...Read more »
The remedies for his willful failure to pay support is contempt. Both civil and criminal. If you file criminal contempt, you must prove he willfully failed to pay and punishment is up to 10 days in jail for each payment missed. Have you tried the case against him for that yet? If you have a...Read more »
I have been unemployed due too not being able to afford child care and loosing my job 3 months ago. What do I need to prepare for court? He has helped with food and bills but has not spent time consistent time with our child or took on more responsibility when it comes to her custodial care as a... Read more »
An attorney would need much more info to answer a general question such as yours. Consider hiring an attorney, or, if you cannot afford one, there are associations such as legal aid that may be able to assist.
My brother retired from the Navy and has one minor child. He pays child support out of his military retirement check. He's been admitted into a skilled nursing facility. I was told that I needed to stop the child support out of his check because all of his money should be going to the... Read more »
I am sorry to here about your brother’s circumstances. The advice you received is partially inaccurate. You cant simply “stop” child support that was established by court order. If you are his conservator, you will need to obtain an order from the court terminating or modifying to $0.00. The...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.