Child Support Legal Questions

If the child support case is being handled through the Nevada Child Support Enforcement Office, any payment made outside the system (directly to you) will not automatically be credited toward his arrears. The state generally requires all payments to go through the official child support office so they can be recorded, tracked, and distributed correctly. If he owes arrears on multiple cases, the state may apply part of any lump-sum payment toward all his debts, not just yours. That’s why private side agreements can be risky—if he pays you directly, the court may still consider the arrears unpaid, and he could remain responsible for the full amount. If you both want to settle, the proper way is to contact the Nevada child support office or a family law attorney to request a formal compromise or arrears settlement. Once approved and documented, it ensures the payment is recognized and that the balance is updated in the official system. Avoid accepting a private payment unless it’s formally approved; otherwise, you could face disputes later about whether it counts toward his obligation.      ... Read Answer

An attorney can probably help you get a copy of your entire payment history but I'm not sure what you mean by "complete copy of your file". Who is maintaining this file that you're talking about. If you're talking about the court file you should be able to get a complete copy of the court file (you'll have to pay the copy costs to the clerk) but if you're talking about child support enforcement's internal file, you are not entitled to a copy of that. You should definitely talk to a local attorney who can help you navigate this situation and get your payments straightened out.  To answer your last question: No, you dont need a lawyer to get a complete copy of your entire file, if you know what to do to get it on your own.  If you don't know how to get it on your own, then, yes, you will need an attorney to help with that.  ... Read Answer

You and the mother can enter into a mediated settlement agreement to ensure that no child support becomes part of the bargained for agreement when modifying the prior order to change custody.  Also, take into consideration as to what the minor child wants and the reasons behind it as he/she is one year away from becoming an adult.... Read Answer

Dear Anonymous: If the mother now seeks to get child support through the Depratment of Revenue  or through an independent case, she can do so.  However, you state that there was never a paternity test.  You can ask for that paternity test in any case brought seeking to have you pay child support, and if there is any doubt, I suggest you do that. If you are the biological father, then the other parent seeking support can only seek retroactive support for a period of 24 months from the date of filing.  So, if you can provide proof of the payments you made during this 24 month period, they will be credited toward any support that you would owe.  If you paid more than the law requires then any overage would be applied to support going forward.  If you paid less than the law requires, then whatever the retrroactive amount (after the credit for monies paid) is, the court can order that to be repaid.  Usually, it is paid overtime, and the law permits the judge to add 20% on to your current support obligation.  So, for example, if you owe, going forward, $500 per month, the Court can add an additional $100 that would go to pay any retroactive support that might be owed.  Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade: 954-316-3496 Palm Beach- Boca Raton: 561-962-2785... Read Answer

If your 19 year old is working full time or otherwise financially independent, married, or in the military, you can go to court and make a motion for a reduction in child support based upon her being emancipated. However, if she is still financially dependent on her custodial parent, you're obliged to pay until she's at least 21 or as per any child support agreement you signed that sets out the circumstances under which your children are considered emancipated for purposes of child support obligations.... Read Answer

Your question is a little confusing.  It sounds to me like you say your wife has been receiving child support from you since 2012.  So I am assuming that in 2012, you and she were not married, but had a child together.  At some point thereafter, you got married, but no one notified the OAG or SDU.  An order for you to pay child support automatically terminates when the payor marries the payee.  Tex. Fam. Code 154.006(b).Since you say you need to file for divorce, I assume that you and she are still married, but have been separated since 2019.  If so, you need to file a motion to terminate withholding and attach a copy of your marriage certificate proving the date on which you were married.  It is a math question whether all of the support you paid through the OAG, including any tax refunds, exceeds the total amount of child support you owed from the date the order was entered through the date of your marriage.You might be able to argue that amounts you paid her other than through the OAG, via Zelle or PayPal, also ought to be credited to any past due child support you owe her for the time before your marriage.  The burden will be on you to show that those payments were specifically for child support, and not for another purpose.  ... Read Answer

Dear Anonymous:   Although I do not have a copy of the notice, it appears that the Department of Revenue was involved in the original child support order, and they are now asking the court to make them a party to the case that you filed for modification.  The "non-representation" means that DOR does not represent the children's mother as it pertains to any change in the time-sharing arrangement, but  DOR does deal with the monetary issues.     As to the objection to the referral to general master,  apparently the Court referred some of the issues you raised in your Petition to the General Master, who would then hear that part of the case and make recommendations to the Court.  A party can object to a referral to the general master, which DOR apparently did, and then the matter will be heard by the judge.   I know all of these procedural matters are a little confusing but hopefully this explanation helps.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

Dear Anonymous:    You indicate that the "non-custodial" (the courts do not use that term these days) parent could not see the child until the child turned 18, yet you say "they" never went to court. If one parent cannot see the child, it is usually because there was a court order stating as such.   You also do not say if  the custodial parent was the mother or father.  Assuming the non-custodial parent is the father, and there was a court order stating he could not see the child, that usually means that paternity was established.  Usually, with paternity there is also an order for support.  If paternity was never established by a court, (again assuming non-custodial was father) then there is no way to pursue child support now since the child is emancipated, and the custodial parent's rights to seek support are extinguished (except in very unusual circumstances).  If paternity was established, a parent can only go back 24 months from the date of the request for support.  However, because the custodial parent waited until the child turned 18, the Court will not order retroactive support since that parent has slept on his/her rights to pursue the support for the last 18 years.    The parent can try, but success would be illusive. Glad you are having time with your child now.  It's never too late to build a relationship.  Wishing you the best of luck. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A.  Broward/Miami- Dade: 954.316.3496 Boca Raton/Palm Beach: 561.962.2795... Read Answer

Dear Anonymous,     Unfortunately, since you are still living together you have no legal recourse.  If you were living apart, you could file an action for separate maintanance under Florida Statute 61.09 and 61.10.  Those statutes allow the court to give a spouse who is living separately from the other spouse both  spousal support as well as  child support, if under the law, the spouse qualified for same.    However, when the spouses reside together there is no relief available from the court.    Sorry I could not provide more positive information.   Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 ... Read Answer

You should check your child support order to see if it already includes a name change. If you were not married to the mother when the child was born, you would have had a paternity suit to prove paternity. Once paternity is established in such a situation, the order usually includes a name change. If there is no name change in the order, you can petition the court for a name change. In Texas, most courts will grant a name change to the father's name.... Read Answer

The short answer is "no".  The issue of any adoption is not a matter before the court enforcing the support orders.  For the Court to hear a matter the issue must have been pleaded beforehand.  Indiana is a "notice pleading" state.  Adoption would be a separate case. Also, suggesting that Dad terminate his parental rights is often viewed very negitavely by the Court.  Nonpayment of support does not impact a parent's ability to have parenting time with their children - see the Indiana Parenting Time and Child Support Gudelines. If you are interested in pursuing an adoption, you should seek a consulttion with an attorney in your county who does adoptions and properly notice Father of your Petition.  Any child support order would stop after any Decree of Adoption is issued, but Dad would still owe all child support before then.  Also, if the State is owed any funds under the support order, you may not have any say in that part of the collection process.... Read Answer

I am not sure if you mean that you have been denied possession and access to your child, or if your parental rights were terminated by a court order.  A parent can be ordered to pay child support yet denied possession of or access to the child if the court finds it is in the child's best interest. My suggestion is you look up the case on the court's electronic file online. Most counties have electronic access. If that is not the case, a call or trip to the court clerk may help you out. At this point, I think more detailed information will help you and an attorney.   ... Read Answer

There's a lot going on here.  It sounds like both of you live in different states, so the first thing to address is where your court order is.  That state controls how child support is calculated and enforced, but that state can move the order to a different state for support enforcement.  In Indiana, Social Security disability benefits can impact child support obligations depending upon the kind of benefit received.  See Indiana Child Support Guidelines 3F.  https://www.in.gov/courts/rules/child_support/#g6 If you have a support order, then in all likelihood you also have a paternity order or dissolution decree.  At some point, paternity of the child would have been either assumed or determined.  If a court has found you to be the father of this child, there are only a few very limited ways to contest paternity, and they usually involve a claim made by the actual biological parent.   The time to contest paternity has probably long passed.   This question is complicated and I would strongly recommend seeking the advice of an attorney in your state before your next hearing.... Read Answer

Our practice is comprised of 3 family law attorneys, 2 who are male and 1 who is female and a female paralegal who jhas worked with me for the past 28 years. I gather that your children are living with your former spouse and are not being properly cared for / addressing their educational needs and your former spouse is not responsive to your concerns. Presuming my understanding is correct, then you can either file a complaint with DCPP for neglect or you can file an application with the court for a change in the custodial setting for the children or both. If you file a complaint with DCPP, make sure that you have detailed information to provide the representative with so that your former spouse cannot simply dismiss the claim. Do your homework first and confirm with the local school district that the children are not enrolled nor has your former spouse put them into a home school program. ... Read Answer

Who is she?  Why was she drawing a check if she lost custody of your son, as well?  Have you seen the formal adoption file?  Has an attorney reviewed that file to determine whether the child was lawfully adopted?  Did the mother claim or have actual physical custody of the child?   Your's is a good question, but we need clarification.  Perhaps, this is something that needs to be discussed with the State of Tennessee if she lacked custody of the child.  However, this is unclear without a careful review of the adoption and child support law in Tennessee.... Read Answer

If you are going through the Attorney General, they will have the court order a DNA test on the presumed father. If he is indeed the father, it doesn't matter whether he signed the birth certificate, he will be required to pay child support and the court will most likely order the birth certificate amended to reflect the kid's paternity.As far as your personal life goes and him bringing up bad things about you, gather as much evidence as you have to the contrary. Unless you are engaging in criminal conduct, it is typically difficult for a father to gain full custody of an infant in Texas.... Read Answer

Before a court can order that you must pay support the court will address the question of paternity.  If you deny or question whether you are the father, testing will be conducted to consider if paternity exists.   If I court order is issued requiring the payment of support and you fail to comply with the order you could be arrested for wilful failure to comply with the terms of the court order.... Read Answer

With certain important exceptions, a parent is obligated to support his or her child up to the age of 21 years.  You should consult an experienced Family Law attorney since these cases are very fact-dependent (for example, is there an existing court order; is either child emancipated; and other factors).... Read Answer

The Attorney General of Texas has a form you and your wife can complete that indicates direct payments of child support. This is the link for the form: https://www.texasattorneygeneral.gov/sites/default/files/files/child-support/forms/direct-payment.pdf Fill out the form and send it in as indicated. This will allow the Attorney General to correct the child support amount due.... Read Answer

Child support is the obligation of a non custodial parent until the child turns 18 and graduates high school, whichever is later.  If custody changed, so would the child support.  However, custody cannot simply change without your agreement or a court order.  If you didn’t agree to it, you should consider an Emergency Petition to reverse the custody change. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.      Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Only your wife’s income will be considered for child support purposes, not yours.  Dad could argue an earning capacity such that, even if her income is $0.00, a conference officer could assign her a phantom income for support purposes.  However, if dad makes a significant amount, it will likely not amount to much. I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.        Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Child Support laws exist to help custodial parents obtain support from non custodial parents.  It has not been criminal for almost 50 years, but civil.  That means that only you can seek to obtain support which you would do through the Domestic Relations Office of your county.  If you are receiving cash assistance, welfare will take any support up to the amount of your cash payment. However, simply because DRO exists as a method of obtaining an Order for child support, doesn’t mean he will pay it.  Ultimately, he can be held in contempt for failure to pay a support order and incarcerated until he does pay, but that obviously doesn’t assure he will pay. I hope this has been helpful, but feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer