Child Support Legal Questions

   Typically, in a modification proceeding, any support awarded can  only be awarded retroactive to the date of filing the modification petition.  However, you may have a unique situation where, if you can prove fraud in the initial divorce proceedings, you can move to set aside the original final judgment, to the extent that no child support is awarded, and ask for the court to award child support based on the fraud.  The fraud must come from a fraudulent financial affidavit.  In such a situation, once the fraud is discovered you can seek to set the judgment aside.    It is a little complicated, but probably worth looking into based on the facts you set forth in your inquiry.    Best of luck,  Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Plantation/Boca Raton 954-316-3496 info@vovalaw.com  ... Read More

I don't know what "PCSd" means, however, to modify child support the first step is to file a Supplemental Petition for Modification in the child support case.  There are certain allowances that can be made under the law - they are very specific.  I don't know who is running you around, but if you have filed the Petition, the Court will be the one who decides.  No one can change a court order other than a judge. ... Read More

This is your husband's case.  You cannot do anything in relation to it as you are not a party to the case.   He can file a supplemental petition for modification of child support - he has no duty to support step children so that will not be credited to him, however, if he has additional children of his own, those could be considered.  He must file that supplemental petition in his child support case for the court to review any of his financial changes - there are certain allowances that can be made under the law.     Thank you for your inquiry.... Read More

From what you describe, it seems unlikely that New Jersey would have jurisdiction over your child or child support, unless there is already a court order out of New Jersey for custody, child support, etc. that specifically states New Jersey retains jurisdiction regardless if your child moves.... Read More

The main issue would be whether your husband consents to the move out of state and whether he has filed any application to ensure visitation and/or custody is appropriately modified if the mother is permitted to move out of state to Florida. As Ms. Anderson states, the lower cost of living is not necessarily going to be a big difference. The child support guidelines are basically computed on the father's income, the mother's income, the age of the child, any unreimbursed medical expenses, any other child support orders and a few other factors. ... Read More

Arguably, he might be able to challenge her claims. But, let me ask, why isn't he concerned about this? Legally you are not involved in this and it would be solely his case. Your situation involves major factual and procedural issues. These are issues that we can discuss. If he is interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If he wants to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig

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

If the child support order doesn't specify that you have to make an extra contribution for medical/dental expenses, or if there is no support order, then yes, she must use the child support to pay for medical/dental. If your ex is in violation of an order that says she must sell or refinance the house, you can take her to court for violation of the order and force her to sell. I assume your name is on the mortgage and deed, so an alternative would be for her to buy out your share of the house, if she can afford to. ... Read More

There is a New Jersey law that requires the Executor of an estate to do a child support judgment search, and if they fail to pay the back judgment, the Executor becomes responsible.  You should get a copy of the probated will from the county in which the person died.  The Probate clerk will be able to either provide you with a copy of everything in the file, or direct you as to how to get that.  Look on the documents and see if ther eis an attorney that assisted with the probate, and if there is, send notice to that attorney now.  Send a Certified letter with the green card receipt, and keep that receipt.  Make sure that the amount of your outstanding child support has been confirmed either through probation, or by a judgment.  You do not need ot hire a lawyer to get this money for you, it is a New Jersey law that the executor has to pay it to you.  ... Read More

You would have to file a motion to modify and substantiate a change of of circumstances to reduce the payments. I do not know how long the current order remained unmodified other than for COLA but presumably you had your two sons with you for at least 12 years. But if the deductions are for arrears, then there wouldn't be a change of circumstances since child support can be modified going forward but not for money owed in the past.... Read More

It may be possible -- eventually. But, as you have waited four years, probably unlikely right now. Sounds like you never established your legal rights, and that is an error and a problem. You will probably need to file for any custody or visitation in Florida, since the children appear to have been there for 4 years.... Read More

There must some typos in your post. One would need more details to determine the extent of your legal problem. Who took your children? Are you married? divorced? children born out of wedlock? Is paternity established? Have you ever been to court to establish custodial rights to the two children? ... Read More

Your question drops off in the middle of a sentence, and it omits a critical fact -- where you are living now.  If you remain in the jurisdiction that entered the order (apparently SC) then under UIFSA that State retains exclusive modification jurisdiction ("CEJ").  If no one is living in the jurisdiction that entered the order, then you must move to modify it where she is living (apparently Hawaii) and if she wanted to modify she would have to do it where you are.  Full details in the article "The Basics of Family Law Jurisdiciton" posted here. No matter which state is appropriate, however, the existing order should have called for termination of child support for emancipated children.  You probably need to assemble all of the actual facts (who paid what, when) and orders, and consult with a family law specialist in the place that has jursdiction to modify the existing order.... Read More

Presumably, this is in Surrogate's Court in NJ. The court will have appointed a guardian or administrator for the estate. The court will have ensured that whatever assets are in the estate are accounted for, or in some cases sold, like houses or other real property. Then the court will order the adnministrator to pay the estate's debts, of which child support should be fairly high up. For instance you may be behind the government if there are unpaid taxes, but you will be ahead of unsecured creditors like credit card companies and the like. You should perhaps contact the Surrogate's Court in whatever county you received notice from and see if there has been an accounting.... Read More

Under Wisconsin DCF guidelines, generally public assistance benefits cannot be used for child support. DCF 150.02 d. reads as follows; "All other income, whether taxable or not, except that gross income does not include any of the following: d. Public assistance benefits under ch. 49, Stats., except that child care subsidy payments under s. 49.155 Stats., shall be considered income to a child care provider."    ... Read More

You have a number of options. The most direct would be to file with the court asking for a judgment for the amounts he owes (so you can garnish his paycheck), to compel him to pay timely, and to hold him in contempt and award you your attorney fees and costs incurred in filing the motion. Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off 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; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, call now and let's getting working to protect your interests.
 
David R. Hartwig

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

You need to find out who the trustee is.  If there is no private trustee, then possibly the money is being held in the TRust department of the County Court.  If the child received the trust as the result of the death of a family member or from a personal injury suit, then the money could be held in the Court's Trust - Minor's Trust.  Call the County Court of the county in which the matter took place and if they are holding the money they can tell you the procedure you would use to access the money.  Good luck !... Read More

The determination about whether to change the alimony amount is based on more than just income, so it it is not guaranteed that a judge would agree to his request.  It also matters why he lost his job and what the future looks like for his income.  The decree is very new and judges are reluctant to make changes very soon after a decree is entered.  So, you should talk to an attorney about all of the facts to find out if you should agree to a reduction, and if so, how much.  It may be worth fighting. Most attorneys will consult with you on an hourly basis.     Good luck!   Donna Miller Grefe & Sidney 515-245-4300    ... Read More

    Child support is calculated based on, principally, the net income of the two parents and the number of children who are subject to support, based on child support guidelines established under Florida Statute Section 61.30.  The other key factors involved are the number of overnights that each parent has with the child/children as well as the costs for reasonable child care, if necessary to allow parents to work and/or further one's education to become more marketable, as well as the cost of health care.     If you used the child support guidelines and your support (with those other factors calculated in) comes to $2400.00 per month, then that is likely to be about the support you pay.  The fact that you have a surplus on your financial affidavit should not typically affect the support paid.  However, if this is a dissolution of marriage action and alimony is an issue, then a surplus can play into that equation.    Best of luck to you,    Cindy S. Vova    Law Office of Cindy S. Vova, P.A.    Broward-Boca Raton    954-316-3496    info@vovalaw.com         ... Read More

   First, do you know from whom he is getting the money?  Do you have an order establishing arrears?  If the $13,000 has accumulated from an original order to pay support, you should file an Urgent Motion for Contempt, citing that the father is about to get this money, and then the judge can order that he pay the past due support to you.  There are also remedies to try and seize the money owed before it is disbursed, but what is involved to do so goes beyond the scope of a brief answer.    I suggest you call the Judicial Assistant to the judge handling your case and that person may be able to assist you with getting a quick hearing to get before the judge if you explain your situation.   Best of luck to you, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Boca Raton 954-316-3496 info@vovalaw.com  ... Read More