COVID-19 Child Support Q&A by State

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COVID-19 Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Im 5k behind on child support since covid hit. I'm wondering what I should do & will I be going to jail for this?
Shane Michael Oncale
Shane Michael Oncale 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... Read more »

1 Answer | Asked in Child Support for Missouri on
Q: State of Missouri. I called child support to get mom to pay child support. They said they cant do anything due to covid

Is this true?

Caroline Bundy
Caroline Bundy 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.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son has 2 boys 9 and 10 years old. He and the mother were together for 4 years. He paid everything including ins.

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... Read more »

Sharita Blacknall
Sharita Blacknall 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... Read more »

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2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: Does he not owe child support due to COVID lockdowns and terms of the child support agreement?

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... Read more »

Rand Scott Lieber
Rand Scott Lieber 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... Read more »

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1 Answer | Asked in Child Support for New York on
Q: Can the ex husband file a motion to reduce the child support amount in NJ where he lives and the children lives in NY ?

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 .

Howard E. Knispel
Howard E. Knispel 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.

2 Answers | Asked in Child Support for Kentucky on
Q: Can my ex wife making me pay her lawyer over a motion on modification of Child support.

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... Read more »

Paul Ylvisaker
Paul Ylvisaker 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...
Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My step daughter’s mother tested positive for covid. If the child is negative does she have to stay with her?

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... Read more »

John J. Pfister Jr.
John J. Pfister Jr. 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... Read more »

1 Answer | Asked in Child Support for Florida on
Q: My sons father is supposed to pay child support, hes running a non profit organization with about 12 people and works.

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.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara 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... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: What are the penalties for custodial child support fraud? Submitting an exhibit for work related child care expenses?

Never sending child to day care while non custodial parent has to pay 50% of cost through child support?

Richard Diamond
Richard Diamond answered on Dec 30, 2020

I gather your former spouse filed an application with the court claiming that she had a child care expense of XX per month and asked that in the child support guidelines analysis used by the court, that it include an obligation for you to pay your share of that child care cost and now you have... Read more »

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1 Answer | Asked in Child Support for Missouri on
Q: Does RECEIVED child support affect PAID child support?

I want to preface this with the fact I’m in the state of Missouri. I filed for child support through the state to my sons father. He put on his form14 that his income is $1100/month (Unemployment- he’s laid off cause of Covid) & left out the $1,700 a month in child support he receives for... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 8, 2020

Receipt of child support is not considered income to the party receiving it. That money is the contribution of the other parent toward the support of the other parents’ children. In fact, he gets a credit for the 3 other children in his household for his financial support for the children in his... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: I am unemployed , lost income due to Covid-19. I have tried paying child support best I can but I no longer able. Help

I need help to submit a modification request in New New Jersey. I live out of state. My kids are both In college and not at home. I was hoping the situation and pandemic would turn around for I have no ability to maintain those payments.

Paul Ylvisaker
Paul Ylvisaker answered on Dec 3, 2020

I recommend you go to the child support services office of the state whee the children live and open a case to request modification of your child support. Most agencies have online/telephonic services to some extent that can assist you with application process. Your biggest challenge will the... Read more »

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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Nevada on
Q: Ok kids resident state is nevada Temp custody inndomestic case was filed And no new custody order has been filed sense

And no new custody order has been filed sense so as I understand those temporary custody orders have rained in effectSo now I have allowed the kids to go to visitation for part of the summer and I let them stay for an extended due to the Covid and now a lawsuit is being filed against me by child... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 2, 2020

It is best to respond to the child support lawsuit with a request that child custody also be reevaluated. If child support is awarded, it will be based on how the child custody is arranged. Both the child custody and child support cases should be held in the state where the children have resided... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can the custodial parent take away visitation if you’re behind on child support?

Income decreased due to covid. Still paying monthly but struggling to pay the full amount. Need my income legally re evaluated. But she won’t let me see my child.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 1, 2020

No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.

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3 Answers | Asked in Child Support, Domestic Violence and Family Law for California on
Q: If an alimony claim was filed in in July 2020 also a restraining order for violence, then the client used his one delay

Due to lack of a lawyer, than the lawyer pushed the hearing back 3 months, from September to December, then the lawyer dropped the client due to lack of payments, the client gets a new lawyer 3 weeks before the alimony hearing, can the case be pushed back again

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info needed.

what state, county, court, judge?

but yes it is at the discretion of the judge...and with Covid, everything is up in the air.

hopefully, you have a lawyer who can fill the judge in on the past history.

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1 Answer | Asked in Family Law and Child Support for Ohio on
Q: Will I be forced to change jobs?

An ex just had my baby and we both know we’re going to establish child support soon. I’m on limited hours due to covid And how it impacts our field. Will I be forced to find a new job? I’ve been here a few years and would normally get 40 hours, the last few months have been 20 hours at most... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 18, 2020

The current virus situation affecting your employment could be one factor in determining the child support amount. Use the Find a Lawyer tab to retain a local family law attorney who can review your financial situation, run the Ohio child support calculation using your prior and current income... Read more »

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I would like to know how and if there is a way to address current child support order.

I struggled to obtain a well paying job last year, I was let go once and I was out of a job for a few months, currently with COVID my income was affected. The first child support order was at $345 when I was consistently earning a decent income, but I no longer work there and my hours fluctuate,... Read more »

Peter W Davis
Peter W Davis answered on Sep 18, 2020

Child support can be modified in Arizona at anytime upon a showing of substantial change in circumstances. This can be done by one of 2 methods, a simplified modification where you file, serve the other party and if they don't request a hearing the Court orders your modification. There is a... Read more »

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex-wife was recently laid off due to COVID. Will this affect what I pay in child support?

No motion has been filed to make modifications to current child support. I just want to know what might potentially happen.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

No modification can be effective before a motion is filed with the court. Generally, a wage earner is expected to continue to earn at the same level as they have historically, even if they lose their job. If you are the payor and her income decreases it could actually mean that you pay less, not... Read more »

1 Answer | Asked in Child Support for California on
Q: who can help me fill out child support papers filed against me.
Maurice Mandel II
Maurice Mandel II answered on Aug 30, 2020

You can hire an attorney or do it yourself. The courts had a "self help" office that could assist you before Covid, I do not know if they have re-opened after the court closures last March. The Government does not provide you with a free attorney except in the case where your liberty is... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Is it possible to modify child support\spousal maintenance on my own? I lost my job due to Covid-19

The spousal maintenance is "non-modifiable", I have paid 11 out of the 24 required months. The Child support does not mention whether it is modifiable or not.

Mike Branum
Mike Branum answered on Aug 25, 2020

While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if... Read more »

1 Answer | Asked in Child Custody, Child Support and Health Care Law for Michigan on
Q: Will my ex be responsible for my child’s health care?

My ex and I just had a baby. I Found out five weeks before the baby was born that he was still married. And instead of him working from home he is actually a stay at home dad. I live in the state of Michigan and was already told by the child support division that he would be imputed at minimum wage... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 17, 2020

Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.

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