Child Support Legal Questions

This is standard language for an agreement.  It means that he must be paid up - for years prior as well as the January payment by the end of January to take the deduction.  There may be some leeway if the balance of the January payment was to be made with the first February paycheck, but otherwise the balance should be $0 to take the deductoin.    Donna Miller Grefe & Sidney 515-245-4300... Read More

It sounds like they may have gotten a default judgment against you. That judgment may say that you're the father. You should act quickly to see if you can get DNA testing done to find out if you're the father. Your friend's affidavit won't be enough. You need scientific proof of paternity. If you don't act soon, it could be too late, so either talk to an attorney, legal aid, or go to this site to get the process started as soon as possible: www.texaslawhelp.org.    ... Read More

When your stepfather adopted you, the parental rights of your biological father were terminated. He no longer has any rights or responsibilities with respect to you, nor do you with respect to him. For example, you cannot inherit from his estate based on being his daughter, although you can inherit from your stepfather. Given that you are 24, neither your stepfather nor any other parent of yours has any obligation to provide you with financial support.... Read More

If you have court-ordered child support, he also probably has a possession schedule. Based on the information you've provided, it's very unlikely that he will be able to change where the child lives. When you consider what a Court would do in a family law case, think about what is in the best interest of the child. Would it be in a child's best interest for a court to send a 6 month old baby to live with a man who has only seen her 3 times? The answer is a very clear "No."  It sounds like the father is making idle threats. However, be sure to continue allowing him access to the child. Otherwise, he could start building a case against you.  The best plan of action is to build a co-parenting relationship with him that allows the child to know both of you. Your relationship with the father may have failed, but the two of your produced a baby together so you'll have to figure out a way to work together in parenting.... Read More

I just wrote a blog on this topic at our law firm's web site under family law issues ; you cannot waive or terminate child support, because it is a right that belongs to the child. You can both instead, agree to what is called a "hold open" in support, where neither parent pays money in support to the other, but you need to spell out in your agreement the reasons why you are doing that and deviating from the state child support guidelines.... Read More

It is your wife's responsibility to make sure all child support payments are being paid, and if hervemployer wasn't  properly withholding the money and sending it in, she should have been doing it on her own: she subjects herself to a contempt finding by non-payment of  child support. Further, she subjects herself to possible criminal charges of felony non-support, if the amount  in arrearages are large enough to  arouse the interest with the local DA. ... Read More

Some Income Withholding Orders have an automatic termination date when the child turns 18/graduates from high school.   Usually a letter to the Clerk with a copy of the birth certificate and/or proof of high school graduation will suffice.  Otherwise, a motion will be required. What county are you in?... Read More

The same child support order will remain effective until someone files a modification to get it changed. The law would allow him an offset because he has the two boys; however, he needs a new order saying that. You're not obligated to file the modification. The main problem you may have is that he could ask for retroactive offset back to the day the boys moved in with him. But that's if he even files for a modification.... Read More

Child support terminates when the child turns 18, unless the child is still in high school, in which case it terminates at graduation, provided the child is set to graduate before the age of 19. Typically the new child support orders contain a termination date. Otherwise, you would have to file a Motion to Terminate Child Support (and vacate income deduction order), provided you are not just making child support payments directly to the other parent. For a more specific response, it would serve your interests to have an attorney review your order/judgment on the matter and advise you accordingly. All the best.... Read More

are you old enough to go to the county courthouse and look up records?  if you are, then go to the courthouse in your county, and from there, go to the department where they keep the child support records  In PA that's usually the Prothonetary or Department of Court Records.  Tell them both of your parents names, and ask for their assistance to see if there is any child support order on record. good luck!... Read More

If you have primary placement and he is paying the full 17% gross monthly percentage, he would not have any obligations above that to pay for variable costs. If on the other hand, you have a shared placement arrangement, both of your incomes are considered in the formula and variable costs would be a consideration. ... Read More

From what you say, the best thing to do is file a paternity action to determine custody, parent-time, support obligations, and insurance coverage. Once you start that, and if the father gets insurance in place, you can end the State's involvement. If you want more details, go to http://www.hartwig-law.com/Family-Law/Paternity.shtml. David R. Hartwig 801-486-1715... Read More

The law says that your children are entitled to be supported by you in a sum based on ALL of your wages, and that can't be changed (modified downward) unless you prove to the court a significant change in your circumstances since the support order was entered, and you have a very good reason why those circumstances aren't improving.   ... Read More

You left out the most important piece of information necessary to determine whether your payments are too high- your salary. Child support is determined by a statutory formula set by law that accounts for both parents' income, or by agreement of the parents. If your support payments were set pursuant to a consent order, you need to show a substantial change of circumstances and diligent efforts to improve them in order to lower your payments. ... Read More

if your ex isn't following the court orders, file a contempt motion against them. Plan to have a process server personally serve the motion on them to insure proper notice. You also may want to try sending a written letter first demanding payment within 20 days with notice that if it is not properly paid, you will be taking them back to court on a contempt charge.... Read More

Absolutely. Whether or not the father of your child is your husband, if he is not supporting your baby, you can absolutely take him to court for child support. Since he works "off the books" it may be difficult to prove what he earns, but he still has to come up with evidence of his salary with current salary or earnings records and tax returns once you're in family court.  ... Read More

Child support is usually paid to the person who has the child in their care at least 50% of the time.  If mom does NOT have the child in her care, it's unusual for her to receive child support.  if you believe the child is being cared for by someone else, then you should take evidence of that with you to the support hearing.  keep in mind though, that dad may have to pay child support to whoever actually is the primary caretaker for the child.... Read More

   If your agreement involves a divorce, then yes, the Court must have a final hearing where the Petitioner, or the Respondent, if a counterpetition was filed, testifies.  It is brief, but necessary.    If your agreement was for paternity, then it depends on the judge.  Most do require a hearing, but it is more ministerial than anything   else.  A judge does have the financial affidavits available to review and he/she may require child support guidelines as well, if children are involved.  However, the court may just ask if the child support (if applicable) complies with guidelines.  Again, it depends on the judge.   If no children are involved, then the judge won't be as concerned about what the affidavits say.    Glad you were able to amicably resolve everything   Regards, Cindy Vova Law Office of Cindy S. Vova Broward: 954-316-3496/Boca Raton: 561-962-2785  ... Read More

You may consider speaking with the probation caseworker assigned to your child support matter.  It is possible that there is already an enforcement hearing scheduled.  If that is the case, when you get to court for the enforcement hearing or if you are picked up as a result of the warrant, explain your circumstances to the hearing officer and/or to the Judge and request time to file a motion with the court before further enforcement ensues.   Speaking with court staff is not enough.  If you have experienced a substantial change in circumstances from the date support was last calculated, you may consider filing a motion to modify or decrease your child support obligation, among other relief.  If you receive social security disability, your child may be eligible to receive benefits as well.  If your child receives social security benefits as well, in your motion, ask the court to substract the benefits from your child support payments.   To further explain the process of filing a motion and to address other questions you may have, you may consider consulting with an experienced family law attorney.  The attorneys at Weinberger Law Group offer a free one-hour initial consultation.  Call today to schedule your appointment.  You may also find the below weblinks to be helpful. http://www.njchildsupport.org/getattachment/872552c7-f032-4a55-a988-24041e2f1fe7/FD-Application-for-Modification-Kit-(2).aspx http://www.njchildsupport.org/getattachment/37e5fdf5-7330-4ee2-80e4-8e59192c198c/FM-Motion-for-Modification-Kit.aspx http://www.njchildsupport.org/getattachment/Resources-Forms/ChildSupport_hndbk_Eng_1958_nocrops_8-2016.pdf.aspx http://www.weinbergerlawgroup.com/children-parenting/child-support/modifications-amendments.aspx    ... Read More