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... View 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...View 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...View 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... View 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...View 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... View 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...View 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,... View 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...View More
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...View More
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...View More
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...View More
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... View More
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.
The mother of my kids doesn't let me get share custody. Now she has blocked me and my wife and can't get in contact with her or my kids. Im tired of this. I just want shared custody over my kids. My kids have mentioned to me that want to live with me? Does it help if I file for custody... View More
Getting full custody may be difficult. The mother has rights too, unless she is abusive or neglectful. The children's wishes may be taken into account depending on their ages. Remember, they probably say different things to each parent. That is typical survival behavior. They want to please...View More
Filling out the response before court? I have court in about a week and still haven’t responded. I was served back in February but because of the pandemic it’s been pushed until next week. The petitioner submitted pay stubs for December of 2019 and... View More
Call the Self-Help Centers. Many are answering questions and helping people fill out forms on the phone, even though their offices are closed. If you haven't filled out your papers before the court date, be sure to go to the court hearing and ask the judge for more time, explaining why you...View More
Yesterday was her with in order to pay child support it's dated November 13th when she filed but my son has lived with me since around halloween 2019. It wasnt planned for him to move in with me. I normally had him friday, saturday sunday, and would drop him off at school moday morning. My... View More
If you were served with an order to pay child support, it could be a form from Child Support Services, or an order from the child support court, or it could be a document called Findings and Order After Hearing from the family law court, or it could be an Income Withholding Order, form FL-195, or...View More
The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the...View More
Paid arrears for 17 years for being approx 1 month behind. CP filed in March, court date and agreement reached in April of 2003. Case just closed but I don't believe I should have been paying arrears for that long. Can I get full History of payments?
Sure. Contract the county Domestic Relations Office which handled the case and ask what they need you to do in order to obtain an accounting of your payments. You may have to email them. It's hard to tell you what the process will be because it's likely their procedures have been...View More
We have 50/50 custody of my stepson and also take care of my husbands elderly mother. She is considered high risk. Today we found out that my husbands ex has not been practicing social distancing and has been letting their son play with children closely. Talks in the house have been it might not... View More
If there's no court order, there aren't any "official" rules by which to play -- at least right now. He has two recourses: (1) work it out informally, just like he always has, or (2) file a Complaint for Custody and let the court sort everything out.
You must follow the court order as written. If you need to change that, you need to file a petition for modification. Even if you case is not heard right away as the courts are closed, your petition will be filed and any modification award would be retroactive to the date of filing.
Since Covid, the local daycare has closed down. But my ex demands that I continue to pay for childcare. My divorce decree includes a monthly childcare payment amount based on an estimate. It says it shall not be adjusted according a cost of living increase but should be based on the actual cost of... View More
Without reading your current order for child support, it is difficult to give you the best answer. With that said, in order for you to modify the amount you are paying per month for childcare support you will need to file a motion with the Court. The good news, however, is that child care support...View More
The court case was started in KY because of ex husband. My lawyer in KY is not contacting me when court is in session. They have not put my daughter on the custody or support case (born Feb 2020) and my ex husband is lying to the judge about the circumstances of myself and my son moving back to NY... View More
It seems that a custody and child support case for your daughter is not pending in Kentucky. If this is correct, there is nothing stopping you from filing in New York. Typically you would start with a custody petition and file a child support petition. The custody petition generally would be...View More
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