Child Support Legal Questions

There are a few options you have.  Some depend on whether you and the mother can come to agreement or not.  Option 1.  You can file for a modification in Colorado, which would not be practical if this will be a contested proceeding requiring court appearances in Colorado.  If you were both in agreement to updating child support, then you could likely have a Colorado attorney do it with both of you signing an order but not needing to appear in person.  Option 2.  You take the Colorado order and file it in Oklahoma to be recognized and modified as an Oklahoma order.  It would need to be Oklahoma as opposed to Texas, because jurisdiction for child custody and support is where the children live. Option 3.  The child support enforcement agency in Oklahoma or Texas may be able to open a case in their administrative court and modify child support there.   There may be more facts to your situation that would affect these answers.  An interactive conversation is the best way to address all the details specific to your case. ... Read More

Interestingly enough, under the new Advance Child Tax Credit program created by the Federal government to assit families impacted by the pandemic, because you filed personal income tax returns in 2020 claiming a child as a dependent, the IRS will pay you a monthly sum per month starting in July ( through the end of the year) and when your ex files his personal income tax returns for 2021, he can receive the remainder credit ( 50% paid to you in monthly installments based on your 2020 tax filing and the remaining 50% paid in connection with the filing of 2021 returns). ... Read More

Generally speaking NJ recognizes the obligation of both parents to finacially assist a child past the age of 19 if the child is enrolled in a full time college program and they are finacaily capable of doing so. If his online classes constitue full time attendance according to the college, you may be required to continue contributing to his support or collge costs. There are other factors to consider and you should consult with an attorney to determine if he meets other criteria.... Read More

Thank you for your question. The most direct answer is yes, in certain circumstances child support can be reinstated, especially if there is a question of disability. However, there are many factors involved. The best thing to do is take advantage of a free consultation. You will receive advice specific to your circumstances, which will allow you to make an informed decision as to how to proceed.  ... Read More

I gather that the mother of the other child had a court order outstanding for child support, so when your father came into a settlement, a search was run ( normal) to determine if he had any judgements outstanding. And, I gather your father had a judgement against him for non-payment of child support. As a result, from the settlement proceeds, the judgement was paid off. As for you and your sibling, I gather your grandmother did not have a court order in place for your fathers payment of child support. So, if your grandmother did not have an order outstanding for child support, then you have no claim against the monies. ... Read More

This is not a family law question.  I express no opinion as to whether it is even possible to file such a suit, but the question should not go to a family law attorney.  You should probably start with a call to some personal injury firms; they should be able to guide you to someone who handles those types of cases, who can then advise whether such a suit is possible.... Read More

If you were not married to either of the childrens' fathers, it would be best to obtain a Decree of Paternity in each case, this Decree can adopt any child support order that was previously entered by DHS (if there is one) and allow for you to relocate with the children. If you take them and just move you could be dragged back by either of the father's seeking a Decree of Paternity ... often I suggest that where there is little visitation taking place that a provision be included that they can't just show up and act like they are entitled to take the child for a period of time, any visitation schedule can be dependent on they stepping up and seeing them on a regular basis. If you get married, it sounds like you would have two good cases for Step-Parent Adoption.  Call a lawyer, it is often possible to get a FREE initial consultation.... Read More

That is usually correct, but if there was a past due amount, it along with interest will still be due.  Ask for a Record of payments and look for entried for current support obligation to end at the time Parental rights were terminated by the State.  If they weren't terminated, ask for a hearing and challenge their computation.  The method used for applying payments, seized tax returns and lump sum payments can warrant hiring a lawyer to get them to compute the figures as they should be computed.... Read More

You might check the paperwork attached to the child support order which declared how much you pay per month.  Usually, there is a sheet that declares that you are responsible for half of the medical expenses not covered by insurance and that he is to give you notice of those charges.  ... Read More

Thank you for your question.  I am sorry you are having difficulty with your son.  Your question does not relate to “Family law” and, as such, I am hesitant to answer same.  However, in order to protect yourself, you need to go to Court and assure the Court that you are trying to have your child go to school i.e. you are not just “sitting back” and allowing it, but there is not much you can do.... Read More

Ouch! This is a thorny question - so I need to be careful with my answer. Presumably, the federal government will issue the stimulus checks prior to most people filing their 2020 federal income tax returns and in that setting, the federal government will rely upon the information contained in the 2019 tax filings (as to who is entitled to claim the child's portion of the stimulus payment).  Yet, under the IRS code, since he has the right to claim the child on his 2020 tax returns. but when he finds out that you got the check for the child’s portion of the stimulus payment, he is going to tell you that you need to turn it over to him. If he has already filed his 2020 returns and claimed your child as a deduction, I cannot tell you whether the government’s computer system will automatically make that adjustment and send it to him.  My suggestion is that you suggest to him now that whoever gets the check, the 2 of you split it equally since its additional money not anticipated by your divorce agreement. ... Read More

Under Federal law (42 USC 654 (31)) once the Federal government receives a reporting from a state’s Probation Department system, certifying that an individual owes $2,500.00 or more in child support arrears, the federal government has the right to refuse an individual a passport, or it may revoke, restrict or limit his travel into or out of the country. The fact that you and your sibling may now be emancipated, does not mean that your father honored his child support obligation to your mother and those arrears are not simply wiped out. My suggestion would be for you to speak with your mother and find out how much is owed in child support arrears to see if arrangements can be made to pay them off or to discuss a payment plan with your mother or with the probation department, to permit your father reentry into the country. ... Read More

Of course, anyone can pay (or receive) child support voluntarily without a court order, but the only way to compel the payment of support from another person is to either proceed through the D.A.'s office, which is free but often very slow and inefficient, or by motion in family court which is faster and can include payment of fees, but might require hiring a lawyer to successfully navigate the system.  You should probably start with reviewing the substantive information regarding child custody and support orders here and here, and then consider consulting with a family law specialist before signing anything or deciding on a course of action.... Read More

Thank you for your question. There is a possibility that your estate will need to address any arrears that may be due at the time of death. Ultimately, the person whom the money is owed would need to address the issue with any prospective estate.  Based on the circumstances, there may be resources available to assist with the issue and it may need to be addressed in the event legal action is taken. Based on the circumstances, it  would be best to contact an experienced family law attorney to address your specific concerns.... Read More

The short answer is "yes."  The long answer depends on a bunch of details -- is he on the birth certificate?  Where, exactly, does everyone live?  Does the father have any income or resources?  You (or more precisely, your niece) should consult with a family law specialist in the state where the man lives to determine whether and how to file a custody/support case.... Read More

Presumably, your son is in Hawaii.  A paternity case can generally be filed wherever the child was conceived (state laws vary) or where the child now lives.  If those facts are correct, then paternity could be established in either Hawaii or Texas.  Child custody/support/visitation could probably proceed in Texas.  If I understand your facts correctly, however, less than six months have passed since mother and child left Hawaii -- if that is true, and father remained, he can file a custody (and probably support) action in Hawaii -- as long as he does so quickly, under the UCCJEA.  You should probably start by inquiry with a family law specialist in both of those States, soon, ensuring that the timeline and facts are clearly set out, to verify that the assumptions here are correct, and if so where they recommend filing which actions.... Read More

You should meet with a lawyer in or near the county where you live.  Filing for dissolution of marriage (a/k/a divorce) and including a a discription of the circumstances suggesting that it may be necessary to obtain permission to obtain service via publication, seeking spousal support, payment of attorney fees, custody, child support, restricting any potential visitation to being restricted until certain conditions are met, property division, etc. would all be appropriate.  You will need to also give notice to DHS. It is often possible to obtain an initial consultation FREE of any charge, if you con't have funds to hire a lawyer, you may try contacting "Legal Aid Services" which often can represent on a Pro Bono (FREE) basis.... Read More

If you apply for TANF and any other public assistance including Food Stamps, they should open a multi-state support case, as long as you cooperate with giving them information on the Texas support case you should be able to obtain any assistance available.  Any money he may beceive would be intercepted by Texas or Oklahoma agencies.  I don't know but wouldn't expect him to have been eligible for any COVID-19 stimulus payments, if he was, it should have been intercepted by the existing Texas Order. There are a lot of potential sources for assistance other than government, like Salvation Army, Churchs, etc.  I would recommend that you ask around in your area, some may have volunteering or working opportunities that understand disabilities and may offer income opportunities to supplement your modest amount of disability income and other resources. ... Read More