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...Read more »
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... Read more »
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.
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...Read more »
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 »
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... Read more »
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 »
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 »
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 »
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... Read 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... Read more »
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 »
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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
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 »
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 »
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 »
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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