Child Support Legal Questions

Thank you for your question. I understand how worried you must be about paying child support. Once your son enters the military academy, he would be deemed emancipated. You may schedule a consultation with a family law attorney once he is in the naval academy for further information on the steps and procedures for emancipating your son. Please be sure to bring your supporting proofs to the consultation.... Read Answer

Yoiur question is a bit unclear, but there is no direct connection between a child support obligation and whether visitation was or was not offered or taken -- if there is a legitimate child support obligation, it continues -- with no expiration, and no statute of limitations, as explained here.  You need to consult with a family law specialist.... Read Answer

Dear Anonymous: That depends on what the original order compelling you to make the payment says. Usually, unless there was a determination that you had the present ability to pay whatever the sum the ourt ordered, there is another hearing to make that determination.  Then if the court finds you have the present ability to pay what is referred to as a "purge" (which might not be all the money you owe) an order may issue to have you picked up and incarcerated until you pay that purge. I hope this helps- but I suggest that you pay all that you can towards this sum to avoid any problems.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read Answer

If you can prove you were not served with proper process, you may have a chance to reopen the case, but if you were served initially, then just didn't receive the letter with notice of hearing, that may not be enough. You'd have to carefully look at the Court's file, and see what it says about how and when you were served, and with what. You may find a huge error, you may not.   In addition to service, there's no way for any lawyer on here to have any idea if the $22k is appropriate. It could be the right number, but a lot goes into that calculation.... Read Answer

a cashed check is great proof that payment's been made, because the person cashing the check has to sign the back.  and the bank almost always has a copy of the check available for you.  if you want more proof, you can have her sign a receipt each time she receives money.   hope this helps. susan pearlstein... Read Answer

Thank you for your question. I understand how worried you must be about your property.  The short answer is possibly. A Court can enter an Order to sell property to collect on a child support obligation.  But the final determination depends upon how the property is owned and whether there are other available sources to satisfy the obligation.   I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience with child support matters so that you can understand the implications for you and your family. ... Read Answer

  First you need to figure out what you owe.  The court  should come up with a purge amount that you are able to pay at the time of the hearing.  In other words, if you owe $5000, and all of your worldly goods (including the watch on your wrist and the money in your wallet and bank accounts, and the car you drive) add up to $3000, then that  could be the purge amount ordered.  The court could also order you to take most of your next paycheck and throw that in as well.    THe bottom line is if you do not have $5000 available then the purge cannot be the entire amount as you are unable to pay.  However, the court can make you go get a job (if you don't have one) and start paying something regularly towards the arrears to keep you out of jail down the road. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

You could file a Motion to Modify the child support based on your job change.  The Office of Attorney General may be willing to do that for you, so try them first.  If they will not help, then you may need to hire an attorney to represent you.  In the meantime, you need to continue to pay at the rate ordered.  If it has only been a few months since the date of the order, you may not be able to get the support modified so soon after the order. ... Read Answer

Thank you for your question. The biological parents of a child both have to provide financial support to a child. If paternity is contested the court may order a paternity test but at the end of the day both parents must support a child.  Additional facts are necessary to better guide you as to the factors of child support and how it will be calculated. I strongly suggest that you schedule a consultation with an attorney regarding same. ... Read Answer

There is no absolute bright-line number of days, but there are rules about this. The court can't hold someone when it is no longer coercive. That is, if the non-payment is not intentional, and the payor simply does not have the money, the payor must be released. The payor can only be held if he or she has the capability to pay but chooses not to. Edward Zohn, Attorney at Law, 908.791.0312... Read Answer

What you need to do is immediately get with an aggressive and experienced family law attorney and file a petition to modify with the court to change custody and child support. Don't mess around and waste more time... get moving now while you have all the proof that the child is living with you. Odds are that she'll have to pay you child support, and that will probably upset her and cause her to try to get the child back. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody and support claims and concerns to do what truly is in the child's best interests. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.
 Don't wait any longer, give a call and let's getting working to protect you and your child.
 
David R. Hartwig 

801-486-1715... Read Answer

  Under Florida law, a party's name as father on a birth certificate of an unmarried couple is not necessarily dispositive of paternity.  However, since he signed the birth certificate there is a period of time that, once lapsed, creates a presumption that he has  acknowledged paternity.  As such, he (and you ) may have to disestablish paternity in order to pursue child support against the biological father.  I am sure he would also require a DNA test of the putative father.  If you are planning to go through Child Support Enforcement, I would ask them if they can assist with that.  If not, you will have to do the disestablishment on your own and before you attempt to get child support.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785     ... Read Answer

Thank you for your question.  Yes, depending on what the language in your divorce judgment or Marital Settlement Agreement states.  For example if the law in Georgia states that the child support automatically ends at 18 then you need to bring an application to the court to terminate child support in NJ. However, if there is a provision in your agreement discussing college contribution, the court would have to review the terms of the agreement. I recommend setting up a consultation with a matrimonial attorney to discuss your rights and obligations under the judgment of divorce and any marital settlement agreement that you may have entered into.... Read Answer

The judge would probably not approve this arrangement.  The obligation to pay child support ends with the adoption.   As an alternative, you could agree that the arrears are a certain balance and that he pays $X per month for Y months.   Arrears are still owed after an adoption.  Check with your local county law library for the specific language to confirm the arrears, reduce it to a judgment, and set out an agreed monthly payment to pay it off.  ... Read Answer

Thank you for your question. I'm sorry you are having issues with the child's mother. You cannot voluntarily give up your parental rights unless there is another individual  willing to adopt the child. If and when the child is adopted by another individual, then child support can terminate. With regards to the child support you are ordered to pay, I strongly suggest that you consult with a family law attorney to see if the amount is appropriate or if you may be overpaying.... Read Answer

Short version:  "no."  Existing law says that, if anything, additional children would be a deviation factor for increasing support to a parent, not decreasing it.  However, entirely new laws (regulations) are set to go into effect by October and it is unknown, today, how multiple-children issues will be addressed in those regulations.  You should review them after they become effective to see if they alter your situation.... Read Answer

Thank you for your question. In the event there has been a substantial change in circumstances relating to the living arrangements of your daughter, child support can be modified. However, at this time, it is unclear if it will lessen. This is dependent on both parties’ income, the prior support Order as well as how often the child is with each of you. Based on your  circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.   ... Read Answer

Thank you for your question. As to the prior marriage, you will have no financial obligation to an ex-spouse or children from the relationship. However, given that you are looking to protect certain assets that are premarital, it may be wise to consider a pre-nuptial agreement. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns. I hope this was helpful to you.... Read Answer

  No, at the moment you are not legally obligated to pay support, but you are "doing the right thing."  If you want to establish your rights, including parental responsibility and timesharing, then you should file a petition with the court to establish same.  As my colleague indicated, keep good records of what you have paid, because the Court can go back 24 months from the time the parties separated and order you to pay retroactive support.  Of course, you will get a credit for any sums paid volutarily so that is why you need to maintain records.     Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

You will want to get a paternity test before you agree to anythng.  If you are the biological father and there is no father in a court order and no father listed on the birth certificate, the mother may pursue the child support even this long after the child was born.  If mom was married at the time she had the child, then that husband is the presumed father of the child, and different time limits are involved.  An attorney could help you understand your rights and options in this situation.   It is fair to bring up that the mother has denied you an opportunity to know your child and should not be rewarded with back pay.  Especially if she knew where you were the whole time.  That may not be sufficient to prevent the court from ordering that you pay child support to mom until the daughter is age 18 and graduated from high school, whichever occurs last.  She has the right to seek retroactive child support.  There is a presumption in the law that four years of retroactive support is the maximum that may be ordered, but the court does not have to stick to that.  They will order a lump sum that is the total of the prior years' support added up and then order you to make installment payments toward the arrearage until it is paid off.  That arrearage will bear interest at the rate of six percent per year.  So, as you see, having an attorney by your side is very important.  ... Read Answer

Your first step would be requesting a paternity test to determine if you are the biological dad. If you are, then the court will order that you pay child support to the mom based on your income. This is true whether or not you wish to ignore the child.  You may also be ordered to provide health insurance for the child or to pay the mother for the cost of health insurance she provides.   Courts will terminate a parent's rights to a child if the court determines that is in the child's best interest. The courts do not normally determine it is in the child's best interest to terminate the rights of a parent because having two parents supporting a child makes it more likely that  the child will not require state aid to survive, than if only mom has to support the child.  In addition the court does not want to create a situation where the mother needs to seek state aid in order to survive as a single parnt, which is likely to happen if your rights were terminated.   The short answer is that most courts are not going to terminate your rights unless the mother agrees and even then, the courts usually prefer to have a new parent being established-- a step-parent adopting the child-- in order for the termination of the biological dad to be approved.  ... Read Answer

Thank you for your question. Unfortunately there is no easy way to resolve the warrant but you must do so. You can turn yourself in by reporting to the county sheriff’s office and telling them you want to surrender on a child support bench warrant. Otherwise, you will be subject to arrest at any time that a member of law enforcement stops you and discovers the bench warrant.   By surrendering yourself it gives you some control over the process, it gives you the chance to bring documents you may need with you, and you may be able to do so in a fashion that you can be heard that day and have the judge lift the warrant for a lesser amount than owed in back support, which is called the purge amount.  The court may then set a date for you to appear before it for an ability to pay hearing, or you may be told to file a motion to have the amount adjusted to something you can pay in order to avoid future warrants.   If you surrender at the sheriff’s office, be sure to take your document evidence with you. While you are held awaiting the hearing, they will hold your papers. Make sure you tell them you will need them for the hearing. They will provide them to you in court. If you do not plan to surrender, you should still gather you document evidence. Try to arrange for someone you know to bring your document evidence to court if you are arrested on the bench warrant.   Please keep in mind that if you surrender you will be processed and held until a Family Part judge is available to conduct a hearing. This may take up to 72 hours, but it usually happens sooner. In most counties, hearings are held every afternoon (Mond–Fri). Many parents subject to a child support bench warrant choose to surrender to the sheriff’s office first thing in the morning, hoping to be processed in time to have a hearing that afternoon. Many parents also avoid surrender on weekends and holidays because the court is not open, and on Fridays or the day before a holiday because if you are not processed in time to see a judge that afternoon, you will remain in county jail until the next regular court day.    Although it may be difficult, you may also try to call probation to see if there is a time to go surrender yourself that will allow you to be processed and a purge amount set immediately before the judge.  Please also consider consulting with an experienced family law attorney who may have additional advice for you based on all of you circumstances. ... Read Answer