Child Support Legal Questions

It is not at all clear who "charged" what, or why.  If it is the D.A., their records apparently indicate that there is still an arrearage, so make an appointment with your case manager and prove to them that there are no arrears.  If you meant something else by your question, you will have to explain it more clearly to a family law specialist who should then be able to advise you how to deal with the siutation.  The Nevada rules governing child support are posted here.... Read More

Bring with you: 1) Proof of all payments you made that would negate the claim (or at least part) for the arrears 2) Proof of your current income and assets/liabilities. If the court determines you owe arrears, the court can require you to pay  the arrears or be incarcerated.  However, if you cannot afford all of the arrears, you need to show what you can afford so the court can set a purge amount.  That is essentially an amount to give you the "keys to the jail cell' and keep you out of jail. Good luck. Cindy Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785 info@vovalaw.com... Read More

In Wisconsin, there is a specific formula that calculates child support using the DCF guidelines of shared placement that considers both parties' gross monthly income and the percentages of time both parents will be spending with the children. Your friend is correct that if there is 50/50 placement and the incomes are the same between the parties, there wouldn't be a child support order. However, if there is 50/50 placement and the other parent makes more money than the other, it would trigger a child support order using the formula indicated above.... Read More

In order to get a continuance, your best bet would be to (1) show up in court on your courtdate, or (2) file a motion formal written motion to continue with the court and serve a copy on the county attorney well in advance of your courtdate, or (3) hire an attorney to represent you on this case, and ask them to make a motion to continue for you.  The child support worker does not work for you, he/she works for the custodial parent,  and I would not rely on her to make a motion to continue on your behalf.  Good luck, and please move quickly.... Read More

The only person who can forgive the child support arrears you owe is the person you owe the money to, presumably your ex. If they were on asssitance, there may be money also owed as part of the arrears to the state. The state can negotiate that portion of the arrears and compromise with you, but any balacne owed to your ex spouse or the parent of your child, is an issue between you and them. You can also try to compromise the amount by offering to pay a limited lump sum payment to waive the balance.... Read More

Dear Anonymous: If your divorce decree says yur ex can claim your daughter, this is "his" right...not his new wife's right.  I assume that he is filing separately from his new wife, or if they filed a joint return, he would be allowed to claim your daughter. However,  you indicate he has back child support due.  Check your settlement or final judgment.  Often the right to claim the dependency exemption requires that the party entitled to make the claim is current on his/her support obligation.  This does not seem to be the case here. Finally, you typically have to sign an IRS Form 8332 in order to transfer the dependency exemption.  The IRS rules allow the exemption to the parent who has the child the majority of the year.  As you indicated, that is you! Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954.316.3496 info@vovalaw.com  ... Read More

there is a presumption after 33 minutes months from the entry of the last support orders that there has been a significant and substantial change in circumstances. This is a presumption. If you are inside of the 33 months, the presumption wouldn't apply, but the legal test is you still need to show there has been a significant and substantial change in circumstances. That is fine by comparing the financial circumstances at the time of your divorce, to what they are now. I would encourage you to discuss your case with a family lawyer in advance to see what your chances might be, how long it might take, and what the cost might be to you.... Read More

I assume you have a written child custody/support agreement (either separate or part of your divorce agreement). You can file a counter-claim or counter-petition not only to recoup the overpayment of child support during the years your son lived with you, but you might even be able to get child support arrears from HER if you can prove your child lived with you and that you supported him during those years. If your ex was unwilling to care for your son, you can also file a petition for violation of the custody agreement  for the years your son was supposed to be living with her, as long as you did nothing to alienate your son from his mother, or discourage him from seeing her, or withhold him from her.  ... Read More

I recently wrote a blog about this at our law firm's web site under family law topics. The answer to your question is generally no, as it is against public policy. If he could simply terminate his parental rights, that would leave the child fatherless. She can't terminate his rights unless he consents or has cause under the statute to involuntarily terminate his parental rights, and he can;t just walk into court and terminate his rights to the child other. That is not fair to the child not to have a father, no matter what else may be going in the parent's adult lives.... Read More

  When one parent is unemployed, there are a number of factors the court considers in determining what, if any, income should be imputed to the unemployed parent. -If the parent is "voluntarily" unemployed (which may not be as obvious as you may think) then the court may impute to that parent the income he/she was making prior to the voluntary unemployment. -If the parent just recently lost a job, even if it was 'involuntary" the court may be able to impute to the person the income he/she was earning before, if that person has only been unemployed a short period of time. -If the parent has not worked for a long time, the court will not automatically impute what the person used to earn.  In fact, the court can, in such a case, only impute minimum wage.  The parent trying to 'prove" the unemployed parent can get a job and earn more would need testimony from a vocational expert, which is a very expensive process. There are a number of other variables in this equation which would require more facts to discuss, but hopefully this gives you a general idea of how the court handles these situations. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.a. 954-316-3496 info@vovalaw.com ... Read More

I need to review your divorce decree to see what it says on this subject. That document will control. From there, I'd need to review your email and text communications.   These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read More

id you were summoned in a child support case.  then yes, you could be in arrears if you've missed any payments, or part of any payments.  be prepared to show exactly how much you've paid to date, and to tell the court why you missed whatever payments you did, and how you will make up whatever you may owe.  if you can bring money with you, that's always helpful!  good luck.... Read More

there is a specific formula for a shared placement arrangement in Wisconsin that is different from the child support guidelines under DCF; the shared placement formula compares the gross monthly income of both parties and the percentage of time that is allocated to both parents to arrive at the amount to be paid for. child support.... Read More

Dear Anonymous,  The short answer is that the custodial parent has a right to receive support. Dependent on the language of the agreement to suspend support, you may be waiving your right to receive patment upon the determination of the workman's compensation case. Without reviewing the specific document, there is no way to know what you agree to. I suggest you schedule a consulation with an attorney to find out how the law applies to your case.    Best, ... Read More

YES. A spouse has a legal obligation to support their indigent spouse, and a parent has a duty to support their child until age 21. These duties are unconnected with separation or divorce. You can take your husband to court for maintenance and support without a separation- and even get a divorce decree while still living together, which sometimes happens when a couple doesn't have enough money for two households. But keep in mind that since your husband is presumably paying the rent and utilities, the judge could take that into account in any award of maintenance. ... Read More

You may want to review the statutes and other materials posted here.  Short version, there is a statute permitting a court to hold a father liable for the costs of "pregnancy and confinement," although in most cases where the parties have similar earnings most expenses tend to be split.  It might be a good idea for you to confer with a family law specialist about all matters relating to potential child custody, visitation, and support.  Much of the background can be reviewed on our web site.... Read More

I do not know why where you attend university would affect child support.  You are entitled to child support until you are emancipated, and if you are a full time student, you do not have to be emancipated.  The Court does not care where the school is located as long as you are attenting. ... Read More

A custodial parent can release the other parent from child support obligations owed to the custodial parent. However, if any money is owed to the state, that cannot be released by the parent. The Attorney General can do the paperwork for the release of the child support. A parent can forgive arrears as well as stop current child support as long as the child or parent is not receiving government assistant.... Read More