Child Support Legal Questions

Child support can be waived by the parent that is entitled to or requesting. If you can settle a deal with her to not pursue child support, for now, she can elect to not pursue it. But she can pursue it down the road when circumstances for her changes. This is not a permanent binding decision. Waived for now only. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

The best course of action would be to go over your current court order in detail. Do you have documented evidence like receipts, etc for payments of child support? You are out of state, but you should still appoint a local attorney to defend and protect you. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

 I do not know about government benefits, but it should not be used to calculate child support (unless there are extenuating circumstances - both parents have very low income, e.g.).  If the money is in your name, you cannot be forced to pay for college.     Donna Miller Grefe & Sidney 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read More

The state won't be able to provide you financial support aside from certain benefits offered by the government in raising kids. The state can certainly enforce child support even with overseas parents. You will really need to work with an attorney to get the help you need since he/she you chose to work with will be able to go over your options.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

Putting the other parent on child support is a personal and financial decision. If you can afford to raise the kids on your own without his support than you DON'T have to. If you need financial support in raising your kids and don't mind him utilizing his parental rights than sure it might give you a helping hand.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

Assuming there's a court order that requires you both to split the cost of college tuition equally, if she's not paying her share, you can take your ex-wife to court for violating the order. If you win, you may get reimbursement in the form of a credit toward your child support payments, or the court may order her to reimburse you in a lump sum. ... Read More

Your inquiry is a little vague in terms of which court you are in (D.A. or regular Family Curt) and the stage of proceedings, or exactly why you think you are not getting a response.  If this was in family court and I represented a party in a case where the other side's employer was not responding to such inquiries, I would ask the court to presume a salary at the highest possible range that the other side's salary might be, and make it the other party's problem to show that the actual amount would be different.  It might make sense for you to confer with a family law specialist.... Read More

You can file a petition for a downward modification of your child support obligations in the Family Court in the county in which the child lives. Depending how far from court you live, if your attorney makes an application for your to appear remotely (by telephone), it may be granted. If you have legitimate reasons why you can't meet your financial obligations, the court may reduce your child support payments. Child support is an absolute obligation only to the extent that paying it does not leave you impoverished. ... Read More

while youare receiving it and no longerhave her in your custody, you can refund to the Dad to has her - keep track of all disbursementsto him.  You can also file a supplemental petition for modifucation of child support and the military will probably send child support from your account, once you get that sorted out.  Speak to the military about it.... Read More

The facts are not totally clear, but you have several options.  Presumably, the situation you describe is that you are owed $8k from your ex for support of a child.  If so, that sum is probably even greater, as interest and penalties should apply, as explained here and here. As to collection, if he "retired" with a military pension, that can be garnished for back support; see some explanation here.  If he got out of service before serving enough years to earn a pension, all sums can be garnished from his incipient police salary -- and he might be motivated to start making payments since Metro probably will not be pleased to hear that one of its applicants is in contempt of a court order for support.  If you are not sure what to do or how to do it, you should consult with a family law specialist well versed in child support, retirement benefits, and collections.... Read More

The question is too vague to answer with precision, but the short version is that, in Nevada, child support arrears do not expire (no "statute of lmitiations" applies) and both interest and penalties continue to accrue until paid.  There is a commission now in place looking at potential changes to the Nevada child support statutes, but it is highly unlikely that any changes made would be retroactive.  You should consult a family law specialist to get an idea of your options.... Read More

It's difficult to prove someone's income when they're working off the books, but courts see this all the time. They're not particularly interested in reporting parents to the IRS- they're not in the business of catching people who cheat on their taxes. However, the court may impute a certain income to your ex if they believe he can pay more than his tax return shows- and this goes for people who are self-employed, as well- and sometimes this IS done under threat of making reports to the IRS.  Take him to court for underpayment of child support right away- you can go back to his first payment given your son is 5- there's a 6 year statute of limitations. ... Read More

The only person who can waive back child support owed (arrears) is the recipient to the money, which apparently is her. If she had been on state aid at  any time, part of those arrears may be owed to the state, and that she cannot waive, only the state through the child support enforcement attorneys or corporation counsel for the county where the case is pending. Child support can be held open, but it cannot be waived or terminated as it a right that belongs to the child. Further, any such agreements to "hold open" child support, is subject to the approval of the court, and since the court must make a specific finding as to why the percentage guidelines are not being applied, absent a rationale explanation from both of you as to why, the court may refuse to approve the order. Further, even if the court were to do so, she could easily come in and after the fact and say there is now a need for continued support and ask the court to set a child support order on you anyhow, depending on if there is a substantial change in circumstances at that point. So be careful; you may be consenting to allow her to change the last name of the child, thinking you are out of the arrrears and child support, only to find out that such an agreement may be unenforceable by the court or that she comes back into court down the road anyhow and requests support from you.... Read More

If the boyfriend does not live with you you can return the papers to the sender and inform them that they have not properly served your boyfriend. If he has notice otherwise (like service at an alternate address perhaps), then he has been served and needs to attend or have an attorney enter an appearance on his behalf. If he fails to answer or appear, he may ultimately need to provide proof that he was living at an alternate address and was improperly served. He should discuss this with an attorney because he might end up with a default against him that can lead to things like wage garnishments, suspended driver's license, etc.... Read More

The answer to your question is that "it depends." If the other party has primary placement of the children and you are paying the full percentage guideline for support, usually, variable costs doesn't kick in. If you have a shared or equal placement arrangement and the amount of support you are paying is using the shared placement formula (which considers your income, their income and the percentage of time you both spend with the children), than variable costs needs to be allocated between the parties and that may include school supplies and lunches, which is what your question referred to. Medical expenses is a separate line item regardless of child support, and both parents are expected to provide health insurance (one or the other) and help with the cost, as well as any uninsured medical and health expenses for the minor children.... Read More

The amount of child support your brother must pay is determined by a statutory formula, and takes into account his income and expenses, including child support he pays for his other children, the mother's income, and other factors. If your brother is self-employed or the court determines your brother is hiding cash income, intentionally working too few hours, or working in a low-paying job for which he is over-qualified to avoid paying adequate child support, the court may impute a higher income to your brother than that which he shows on his tax returns for purposes of calculating his child support obligation. Food stamps are irrelevant for calculating child support, but if your child's mother is committing fraud you can report her to the local SNAP (Supplemental Nutritional Assistance Program) agency.... Read More

Yes- you can win the case if you can prove that the child is not yours. You must bring a special proceeding in family court in the county in which the child lives to demand a paternity test. As long as you have a good faith basis for believing the child may not be yours, the court will order that the mother have the child's DNA tested, and yours must be tested as well. If the test results show you are the father, whether or not the mother of your child had multiple boyfriends before during or after her pregnancy is irrelevant- the child is yours and you must support the child. If, however, the test proves you are not the father, you do not have to pay child support. ... Read More

If you want to proceed without an attorney, you will need to file a contempt action against him.  You would need to come to Iowa for the hearing unless you asked the judge for permission to appear by phone.  You would need to show that he has the resources to pay more but is not doing so.     Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read More

He should still be supporting his children - however, he also needs to keep a close accounting and proof of any child support he provides by getting signed receipts with the date and amount and make sure it says "child support' on it and that his wife signs and dates the receipt.   I would suggest he not give her cash, but give her checks or money orders. If he provdes groceries or diapers or school supplies, he also needs to get the wife to sign the receipt and date it. ... Read More

As a step father you do not have the right to file.  If the court order is from NH court and the children have graduated high school, then the obligation to maintain health insurance ends unless the parties had a written agreement to extend beyond 18 that was approved by the court. ... Read More