Your current state is Ohio
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
answered on May 29, 2020
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
THEY HAVE TAKEN ALL HIS MONEY DISABILITY CHECK, UNEMPLOYMENT, STITULMUS CHECK, FOOD STAMPS, HE IS LIVING WITH ME NOW ALL FOR CHILD SUPPORT, WHAT CAN BE DONE, HE HAS NOTHING.
answered on May 12, 2020
I take it this is a new support order or a modified one, to which your son objected. Now he's waiting on the hearing. Unfortunately, there is not much that can be done. At the hearing, if the court agrees with his position, there could be an argument made that whatever amount ordered should go... View More
He lives in TN and order is for MD, he has never had arrears until COVID-19 (and might only be one month if that) he got a letter stating they want 60% of his paycheck and all 3 kids are listed. (one is 21 and the other 20) but the payment he was paying for all 3 is still the same for one kid. He... View More
answered on May 7, 2020
The payment does not automatically change. No one at the court or child support enforcement is keeping track of children's ages. The only solution is what you were told. You must file to modify it.
Does my husband need to go to Court to get the child support terminated? Or can he just stop paying it?
answered on May 4, 2020
The best practice would be to submit an agreed order to the court noting that both parties agree that the support obligation has expired.
However, given the times and the court closures, simply stopping payment could work as well.
The issue is that the other side, if they are... View More
He has his own company but no work coming in. He usually pays our rent and divides the amount weekly. Im unemployed waiting on unemployment, i have no income whatsoever, and we have 4 children, they all live with me.
answered on Apr 28, 2020
Your setting is terrible and im truly sorry for how this pandemic has destroyed your family's financial setting. Before resorting to the court system for relief, can you reach out to your former husband and ask him to sit down with you ( on the phone or otherwise) to figure out how to work... View More
We used a well know service provider, neither party was given copies of paper work. They are not open due to covid-19. The support amount is of by 2 dollars. Will the application for divorce be thrown out over this issue? The court has given me or us 30 days to provide the documentation or the... View More
answered on Apr 22, 2020
Child support for one child is calculated as 17% of the combined income of the parties, up to $154,000.00. If there is an error in the child support calculations, the Court might not accept your uncontested divorce paperwork. The Domestic Relations Law requires very specific language in all... View More
I know with the virus everything is crazy but my child is 18 and officially done with high school and has moved out of his mothers house. The mother claims that she is taking me back to court for more money and for me to have to pay for his college. How is this legal and how can I get my obligation... View More
answered on Apr 20, 2020
"Done with high school", does not mean he has graduated. If he is still studying online to graduate, you are still liable for child support until he graduates, but no later than his 19th birthday. if there is a garnishment or if there are younger siblings, you will need a lawyer to end... View More
My ex husband has had custody for 3 years. I returned from deployment in January and will not be returning to work until May. Due to coronavirus, I offered to watch my daughter so that no one would miss work. Because she has school work, he feels it is more convenient for his mom, dad, or sister to... View More
answered on Apr 11, 2020
If a party is ordered to pay a share of child care expenses, this can include payment if a relative is the child care provider. That being said, a number of factors come into play when the child care provider is a relative and the specific wording in the order could likely affect whether the party... View More
I have offered to give him days if I hold onto the kids until COVID clears, he declined and wants to pass them from house to house. What are my rights? He and his wife are currently working, his wife works in healthcare, and they have 2 additional daughters who attend daycare. I have a daughter and... View More
answered on Mar 29, 2020
To answer your question, you have a right to seek an Emergency Protective Custody Order that may or may not be granted.
Once filed, you would be set for an Emergency PCO hearing. At the hearing you would need to establish that the facts and circumstances are sufficient to lead an... View More
answered on Mar 24, 2020
Nothing will happen with existing orders at this time. To the extent that an order exists and is subject to income withholding, and the payer is not working because of the pandemic, I imagine that some relief will be forthcoming. How and what that looks like will remain to be seen.
If there... View More
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