Child Support Legal Questions

Contact the family court clerk in your county where your case is from and ask them if they can provide a list of not for profit lawyers or law firms who may be willing to take your case pro bono or for limited fees. Many counties also offer a free limited legal advice clinic. Milwaukee, Ozaukee, Waukesha and Washington counties also offer such services.... Read More

Thank you for your question. In order to enforce the Agreement, you have to file a motion with the court to Enforce Litigant’s Rights.  I suggest meeting with a family law attorney who can review your situation and give you a more detailed approach as to the necessary motion.    I hope this information was helpful to you. ... Read More

Your boyfriend needs to get moving on this matter. When you say he was denied a paternity test, how was that done? Was it by the court?   Your situation involves major factual and procedural issues. These are issues that we can discuss. 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, or email, my office. 
Don't wait any longer, give a call and let's getting working to protect your child and your rights.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

Certain motions must be personally served, such as contempt and order to show cause hearings. General motions may be mailed. Mail the motion for support out to his last known address with an affidavit of mailing. While I can't promise you it holds up in court, it may, as there is no technical legal requirement for a general motion for support to be personally served.... Read More

Thank you for your question.Typically a parent’s rights can be terminated either voluntarily or involuntarily.   Parental rights are typically reserved unless enforcing them is not in the child’s interest.  Involuntarily termination of your rights has a very high standard to meet.   However, more facts about your case is needed to give a more thorough answer as to how your rights will be impacted. I suggest that you meet with an experienced family law attorney who can assess your situation and guide you in order to protect your rights.I hope this information was helpful to you.... Read More

Thank you for your question.Based on the information you provided, it appears that you would not be able to collect retroactive support.  When you make an application to modify child support, it is retroactive to the date that your application was filed.  I highly suggest you meet with a family law attorney so that you can discuss the situation a little further and gather information on how to better protect your rights.I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about your child support arrears.  The short answer is that you should immediately contact an experienced family law lawyer to assist in filing an enforcement of litigant’s rights motion.   When child support is not paid, the court will entertain a motion, known as an enforcement of litigant’s rights motion,  and can order various forms of “enforcement” of the child support order including the payback of arrears, sanctions, and even incarceration and the payment of counsel fees.  You should therefore immediately contact an experienced family law attorney to protect your interests and ensure that your rights are preserved.   I hope this information was helpful to you.... Read More

First, it depends where the order awarding child support was entered.  In Florida,  child support typically terminates when a child reaches 18 or graduates from high school, provided there is a reasonalbe expectation that he graduate before his 19th birthday. However, there are always exceptions, and the terms of the order/agreement would govern.  In certain states child support extends beyond age 18, so to answer this fully would require a review of the order. Now, with that said, although the support should terminate automatically it rarely does.  If you are the person obligated to pay, you would have to take action by getting a court order to stop the support.  Your son, or the parent who was receiving the support on behalf of your son, can agree to the order and then usually this can be submitted  to the court  by agreement and it goes a little smoother. Good luck! Regards, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com ,... Read More

Generally yes.  You will need to look at the order/decree language about what is included.  Normally dental and vision is referenced as part of the medical expenses.  If it is not, you would need to seek court assistance to determine if dental and vision is included.    onna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read More

If you are just talking about child support, the general answer is no.  There is a narrow provision where they could get back support for a few months, but not for years.  The increased support, if necessary based on the facts, would be for future payments.   If you are talking about alimony, there is more of a chance to get increased payments, but that would depend on the facts of your case.    Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read More

Mr. Mitchell:    You do not state whether there is a court order for you to pay (child support? alimony?- you don't specify) for a sum of more than $600.00.  If so, then  to modify the court order, your ex and you have to get a superceding court order to change this.  Depending on whether this was an administrative order or a circuit court judge's order may also dictate how the language is worded.   Either way, you will need more than a text message.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.   Broward/Boca Raton 954-316-3496/561-962-2785... Read More

In my opinion, you should have a lawyer present with you in court; there is much at stake; custody, placement, child support, among other issues. At a minimum, make an appointment to consult with an experienced family lawyer to see what rights you have and what can be done in court to help you. Many offer a free initial consultation. ... Read More

From the information you provide, it appears you have a basis to request a modification of custody, support, and visitation.  A modification requires a substantial change in circumstances since the original decision was entered.     You should consult with an attorney about the procedure to start this process.  If you want to represent yourself, there are forms for child support modification on the Judicial website:  https://www.iowacourts.gov/for-the-public/court-forms/   Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read More

Thre are some gaps in that narrative, but to start your review you can find "holw all this workks" by reviewing our child support page, and our interest and penalties page.  In Nevada, there is no statute of limitations for child support incurred in the modern era, so the question will be what order existed; if there wasn't one, then it is possible that only up to 4 years back support can be collected.  It would probably be best if your grandmother made an appointment with a family law specialist, bringing in for a consultation all the court orders involved; any knowledgeable family law attorney should be able to analyze the situation and advise you.  If you really wish to try all this on your own, it probably would still be a good idea to get some analysis and advice, but the self help forms can be found here.... Read More

It is possible for you to file a petition seeking a court order terminating your parental rights. However, unless your child's mother has remarried and the husband is seeking to adopt your child, it is unlikely that a court would grant your petition. Since you have been ordered to participate in a paternity test, the mother likely wants you to pay child support. You cannot waive or sign away that obligation if you are the biological father. If you choose to not participate in your child's life, nobody can force to you be a father- but you CAN be forced to pay child support.   ... Read More

THE ISSUE OF RELOCATING IS COMPLICATED IF THE OTHER PARTY OBJECTS.  CHILD SUPPORT CANNOT BE WAIVED BY THE PARENTS AS IT IS A RIGHT OF THE CHILD AND IF YOU ARE RECEIVING STATE BENEFITS, THE STATE WILL GO AFTER CHILD SUPPORT AND REIMBURSEMENT FOR EXPENSES.     I HIGHLY SUGGEST YOUR HIRING AN ATTORNEY. ... Read More

You are obligated to pay child support under the guidelines in the Texas Family Code. You are also required to provide medical insurance for the child. If you do not set up child support through the state, you may owe arrears. If you have been sending the mother money, you should keep a record of what you have sent. You also have a right to access and possession of the child. You have a right to spend time with the child as well as call or video chat with the child.... Read More

Deportation is a seperate topic and in many counties and states is not a matter of the court to report anyone legal status to immigration authorities. And no attorney can provide an accurate answer because the answer to your question is theoretical and has no control over anyone or anything. The courts might be in agreement with ICE or etc or it might not be. Your rights as a parent to request child support is a family court concern and you should move towards utilizing your rights. Suppose you do not utilize your rights and for some reasons the child father is deported, you will be stuck in terms of legality of the custody with the child. Please contact an attorney directly to discuss your situation. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More