Child Support Legal Questions

Federal law mandates that the custodial parent gets to claim the child as a tax dependency exemption unless waived by agreement of the parties or by order of the court. In addition, if the non-custodial parent is going to claim the exemption, the custodial parent must sign IRS waiver form 8332 to enable the other parent to do so. Without that form attached, the IRS will not allow the non-custodial parent to claim the deduction. Apparently, you have an agreement as part of your court case that enables the other parent to take the exemption but has language, which is quite commonly used, that they must be current in all of their support obligations to claim the dependency exemption. Your language apparently states that the dad must be "substantially current." I have no idea what that means or why you agreed to that lanaguage. The usual language is that they must be current, period. I am not being critical of you or the dad for using this language, but I am not sure anyone can really give you an answer on what "substantially" current really means. I am not sure that $277 behind on an order that amounts to $2,280 per year, is substantial; that is 10% of what he owes annually. Is 10% substantial?... Read More

  So technically, your ex is not current on his support if he owed $110.00 as of 12/31.  The law pivots on technicalities, but I know there are more than a few judges in South Florida who tend to ignore minor deviations (such as being $110 late- presuming he pays you shortly).   As to the order stating Form 8223 and not Form 8332, this does appear to be what we refer to as a scrivenor's error, and trying to ignore the intent of the order as a result of what was likely a "typo" will not likely prohibit it's enforcement.  If you do not sign the form based on the unpaid support, you should simple state, in writing, to your ex, that since he was in arrears in his support obligation as of 12/31/16, he is not entitled to claim the dependency exemption for 2016. Best of luck, Cindy Vova Law Offices of Cindy S. Vova Offices in Boca Raton and Broward County 954.316.3496 info@vovalaw.com... Read More

       Your answer depends of the totality of the situation.  If there was a previous order entered that adjudicated an amount that you owe and that order is still in effect, then it is possible that any back support owed is still looming out there and any tax refund may be seized to satisfy this outstanding amount.    However, when you say the case was "closed" I cannot tell whether that was for further support or back support.  You might check with your local child support enforcement agency and ask them if you stiil owe any back support according to their records. Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A Offices in Boca Raton and Broward County 954.316.3496 info@vovalaw.com    ... Read More

Your child support is based on your income. If you set up your business as an LLC or Corporation, the business will pay you a salary and that's what your child support would be based upon. However, if you set up the business as a D/B/A, you would basically pay child support based on the business income. (It's better to set up the business as its own entity, preferably an LLC taxed as an S-Corp, because you would save on taxes.)... Read More

You would need to start the process to disestablish paternity.  That means filing a petition with the court and taking a DNA test to show the child is not his.  Even if the DNA comes out favorably, the Court could still deny the petition if your husband has established a relationship with the child.  If paternity is disestablished, he will not have to pay support anymore.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read More

I don't understand the question.  You send money every month for the child, but you're asking if you can get child support.  If there are other children involved, then you might be able to get support for those children, but I don't know how a court is going to enforce support for a child not living in the US. ... Read More

Court ordered child support can be reduced based on a substantial change in circumstances.  Before filing a modification action, research should be completed estimating the approximate modification based on the income of the parties.    If instead of a modification based on change of circumstances an attack of the original calculation is contemplated based on a mistake or error in calculation, timing is key.  A motion for reconsideration of an Order must be filed within 10 days of receipt of the written Order, or possibly within 1 year under Rule 60, SCRCP.... Read More

I do not entirely understand the question.  For information on Nevada's child support laws, including charts showing how much should presumptively be paid, click here.  If that does not answer your question, you can call or send an e-mail with contact information, and one of our Spanish-speaking personnel will try to answer your questions.... Read More

First, your husband should open a case in family court so that he can get a DNA test ordered by the Court. After that, if he is the father, whether he would be responsible for back child support depends on when he had reason to believe the child was his. In this case, a good argument could be made that he should only start paying child support after the tests results come back and they show he is the father. Based on what you say, the mother clearly kept the information from him so he had no reason to believe he was the father. Plus, the mother was not trying to get him to support the child, based on what you know at this point. Your husband has a right to get a paternity test, but he has to file a lawsuit in order to do so. Child support is an issue that would be determined once he knows whether he is the father.... Read More

There are several questions, the most immediate of which is "where is the case?"  If the order is a CA order, you should speak to a CA lawyer, and ditto for NV.  The existing court order should have a protocol for such things in it (typically the so-called "30/30 rule").  And it is unclear what agency is involved or how. Probably your best bet is to figure out which State's law controls the outcome and then seek a cosultation with a family law specialist in that location, bringing with you the existing orders, the bills in question, any correspondence, and whatever other documentation might be relevant.... Read More

I am not sure how your gf's past matters in the child support hearng- as the only facts that matter in this hearing are the income of the parties and the amount of time the child spends with each parent. Where your gf's past migth matter is in the "custody" case if you are planning to bring one in court. Depending how far in the past and what it is exactly that your ex uncovered, it might not matter much anyway. Your ex would need to have the PI testify to what he/she uncovered. Your ex cannot just repeat what the PI told her- that is hearsay. Best of luck, Helena Y. Farber, Esq. www.farberlawpa.com... Read More

I do not understand why you continue to pay child support, and hide the fact that the child lives with you from ORS, a state agency. Arguably, that could be considered fraud. Plus why are you paying when you should be receiving? What you need to do is change the custody and support orders to reflect reality. Then the father's threats would be empty, and you would be receiving support. I can help you in this matter. I have handled a number of cases like this, and been successful. As the child has been living with you for two years, that fact should be easy to prove and would support changing custody to you, as well as granting you child support. There is no reason to wait, and suffer through more threats or pay more child support. I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do not charge for that initial consultation.Should you desire to have a consultation, please telephone my office this Monday (today is a holiday and the office is closed), to set an appointment.David R. Hartwig801-486-1715... Read More

It depends. If the child support arrears already have been adjudicated by a court, then the number cannot be reduced. If they have not been adjudicated then you can negotiate with the Mother of the children and see if she would agree to reduce the amount. If he has not already, your son needs to move to modify the child support payments to come up with an affordable monthly payment. Best of Luck, Helena Y. Farber, Esq. www.farberlawpa.com... Read More

   Child support is designed to provide current support for children.  Therefore, a court would not pernit this, and if you do it on your own that will be nice for your kids, but you will still owe current support.     With that said, if your support is not going through Child Support Enforcement, and the child's mother agrees that your arrears may be paid by setting up a college fund, AND this is memorialized in writing, and then ratified by a court order, you may be able to do this.      This also applies to paying a lump sum for the arrears owed.  If the mother agrees you may be able to negotiate something less than the full amount due if all paid at one time, but again, it must be in writing and must be ratified by a court order.     Good 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

You can ask the court to enforce your child support Order and request additional payments each week be made toward the arrears.  In addition to requesting enforcement of the child support Order, if support is not yet ordered to be paid through the court, you can ask the court to order your child's other parent to pay child support through the court's Probation Department.  In this way, the Probation Department will keep track of the payments and the arrears owed and will enforce the Order by other means including suspension of driver's license, revocation of passport and ultimately arrest. The attorneys at Weinberger Law Group offer a free initial consultation.  We are happy to meet with you, explain the application/motion process and represent you.  Call today (855-548-2157) to schedule your free initial consultation.  ... Read More