Your current state is Virginia
The mother and I made a verbal agreement about paying support plus other things. She found out I was in a relationship and my case was reopened. because I wasn’t paying the full amount of child support which is why we stop the child support in the first place due to the way I work by the job and... View More 
answered on Sep 27, 2023
Closing a child support case doesn’t stop the child support. Closing the case stops child support enforcement of the order. Also, when she agreed to a lesser amount, that didn’t change the courts order. So anything less than the order you weren’t paying she could ask the court to order... View More
My ex-husband filed child support modification due to a job loss, after COVID his company closed, my ex has an engineering degree, 12 y exp, judge ordered him to look for a job we had a court in June before the final hearing. My ex still can't find a job, he’s been out of work for almost a... View More
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answered on Aug 30, 2021
It's possible to subpeona bank records so you can track spending and income. There isn't an easy way to explain the process. You have to issues the subpoenas, give notice to the other side and also know how to get them into evidence.
You should probably hire an attorney to assist you.
To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... View More
answered on Aug 23, 2021
Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.
The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over... View More
We are one week on/off. He wants to pick her up even though his whole household tested positive. She is negative and I don’t want her to get sick. I told him I would give him back his time or use vacation days while I have her till his family gets a negative Covid test. He won’t have any of it... View More
answered on Aug 5, 2021
1. Try talking to the father again.
2. You may file a Request for Temporary Emergency (EX Parte) Orders and ask that no visitation to Father.
3. Depending on which county you live in you may consider filing a good cause report, but usually filing one requires immediate threat of... View More
I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... View More
answered on Jul 29, 2021
You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... View More
I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... View More
answered on Jul 17, 2021
You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.
I am Canadian, my son's father is American. Support is being handled in Michigan, and custody in Ontario. Friend of the court said it's only valid from the time filed. So essentially, he's absolved of his parental responsibilities for the first 12 months of his life? When the... View More
answered on Jul 12, 2021
Support would go back to when the action is filed; birth expenses - if the state paid for it, are separate and in addition to support.
The family courts mostly continued through COVID. Even if your particular court could not conduct a hearing - most made the transition to ZOOM hearings... View More
My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... View More
answered on Jun 1, 2021
That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.
I can offord the payment but I send something every week and I don’t have a job cause of covid but I do pay money to child support every week I have court soon and I’m not sure why
answered on Apr 23, 2021
Thank you for your question. The court calculates child support based on a number of factors. To have that amount adjusted you need to prove a permanent change in circumstances. Unemployment is generally not considered permanent. You are likely being summoned to a court appearance for an... View More
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answered on Mar 17, 2021
This may not be possible. Zoom hearings are standard because of the pandemic. Judges are required to hold via zoom absent an emergency.
My ex ended up claiming the kids on taxes and received all the COVID relief money 1st, 2nd, and it looks like the 3rd. Below is the history and im looking for who is the rightful owner of this. Also Ive tried discussing it with the other party several times and the reply i get is "not up for... View More
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answered on Mar 8, 2021
If you have primary custody, you can claim the children as dependents. You can't do anything about the COVID relief money. If your ex owes you child support since September, you can file a contempt for that.
My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?
answered on Mar 5, 2021
If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... View More
answered on Feb 13, 2021
You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that... View More
Is this true?
answered on Feb 11, 2021
It depends on who you called. Is there a current income withholding order in place? I would reach out to DFS to see if they can help. Otherwise, I'd recommend seeking legal counsel from a family law attorney.
insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... View More
answered on Feb 10, 2021
Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... View More
Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... View More
answered on Jan 19, 2021
You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... View More
He moved to NJ in aug 2020 and changed his work using the COVID-19 situation and did not pay the support for 7months now.
The divorce decree was from NY .
answered on Jan 19, 2021
Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.
My ex wife and I have been divorced 2013 now our oldest Son is 19 will be out of school in May. My ex wife is trying to get me to keep paying for child support on him and try to say he’s Whole dependent. He has autism is very high functioning. Last year I found out he was not attending aftercare... View More
answered on Jan 4, 2021
She can request attorney’s fees and costs and the court can awasrd them. However such requests and orders are usually based on malfeasance by one party or the other. Income disparity can be a factor,
Child supoort can be awarded for a child beyond emancipation, but the standard is very... View More
My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She... View More
answered on Jan 1, 2021
This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID... View More
He is telling child support that he cant work because of the pandemic and so they reinstated his license. But goes on vacations and leaves the state often. How can I get my child support if he is able to work.
answered on Dec 31, 2020
You have to be able to prove that he is working, or that he is spending money on vacations and trips so that the court can calculate the income he has based on the amounts of money he is spending. If you are only having hearings in child support enforcement court, you must remember that the... View More
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