Child Support Legal Questions

Assuming you no longer live in Maryland, you question whether a Maryland child support order still applies since your wife's relocation outside of Maryland. That is not against the law, it is the law! Maryland (like most other states) adopted the Uniform Interstate Family Support Act that gives the original state continuing, exclusive jurisdiction to enforce or modify its child support order unless all parties consent to submit the case to another state where at least one of the parties now resides with the child. This discourages parties from relocating to reduce child support. Very technical area of the law - consult an attorney!... Read More

There is a high probability that if you file jointly, that your refund will be snagged for his child support obligation, but you will have an option to then file an "injured spouse" form with the IRS to show that the refund is yours and should NOT be seized in connection with his obligation. This would delay you from getting your money, but you would probably get most or all of the refund that is due to you. It is difficult to avoid child support seizures if there is ANY arrearage at all, sometimes it is worth it to seek a review of child support and a recalculation may make it easier for him to keep up with the obligation.  If his unemployment was denied...that could be something to really focus on, the amount of unemployment paid during COVID actually helped some people get ahead on child support obligations.... Read More

Oh, you need to be careful:  your filing for child support increase may backfire on you.  Only if there is an order for child support is child support retroactively applied.  In other words, in your case no retroactive child support with no court order for you to pay, then no retroactivity.... Read More

Thank you for your question. Unfortunately, you can not file anything with the court until you give birth. At that point they will have to establish paternity, wherein they will require your child’s father to take a DNA.  If he comes back as the child’s father he has rights regardless if you ask for support or not. I hope this was helpful to you.... Read More

If you wish to adopt your stepchildren, the rights of the biological Dad can either be terminated by his voluntary consent, or without his consent.  To terminate by consent, he must sign a waiver in person in court before the adoption Judge.  To terminate involuntarily, you must show that bio dad has either failed to voluntarily provide support for the children in 12 out of the last 14 months, or that he has failed to have a meaningful relationship with the children in 12 of the last 14 months.  The TANF payments should not exclude you from pursuing an adoption. ... Read More

Once the Friend of the Court has issued a termination of income withholding order notice, child support should be terminated.  It is possible that the Social Security Administration did not get the income withholding order before.  In otherwords, it could have been received too late to stop the garnishment.  Also, are you in arrearages?  If so, you may not be accruing new child support on a month-to-month basis, but you still owe the arrearages.   I suggest you contact the Friend of the Court and seek a current accounting of your child support.... Read More

Dear Ms. Rullan:      The short answer is maybe.  Child support is always subject to modification, and although it is unlikely that support would change over then next 28 months it could.  However, that said, if you would like to try and do this it would involve the following:  *The easy way:  get the consent of the recipient of the child support to agree.  If the mother does agree, then you would have to get a court order indicating that it was prepaid (subject to modification if there is a substantial change in circumstances).  He would also have to get an order that terminated the  income withholding order and advised the state depository that the case was closed out.  Or you could get the IWO terminated and then pay the lump sum to the state, that would (presumably) then devy it out (presumably) to the mother in the increments for monthly support for the duration of your hsuband's obligation.  As with most legal issues, the devil is in the detail and follow up.   If you try to go this alone, make sure you follow up.  The State Depository is often behind and even if you get an order, they are liable to have records indicating  your husband still owes money.  Hope that gave you some guidance. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785   ... Read More

The biological father could voluntarily terminate his rights and your husband could adopt your child and her name could be changed in the adoption. Do you know if the biological father would do so voluntarily? If not, you could still ask the court to terminate his rights without his consent. You are likely to be succesful if your husband wants to adopt your daughter.... Read More

Some courts will not allow your ex to terminate his parental rights. Does he want to terminate his rights so he doesn't have to pay child support? Is there another man who will adopt your child? Has there been CPS involvement? Those are some questions that may be asked if he tries to voluntarily terminate his parental rights. It's not impossible, but I have seen situations where the judge would not allow a parent to voluntarily terminate rights. Even in CPS cases, the courts often try to allow a parent to maintain parental rights even if they have only supervised visits. Whethr he can termiante his rights will depend on the court you're in and the reasons why he wants to terminate his rights.... Read More

First, you should contact the Child Support Department and request the money.  You may have to file a probate case on behalf of your mother and become an administrator of her estate and then make a claim against the Child Support Services Department or at least have a personal property affidavit prepared claiming that you are your mother's heir.  You should find out what the Child Support Services Department will require.  Good luck!... Read More

If you have a possession schedule in the court order that orders you to pay child support, you absolutely have a right to see your daughter as scheduled even during Covid 19. The Supreme Court of Texas made it clear that parents are not to use the pandemic as an excuse to keep the other parent from seeing their children. Unless the mother forgives the arrears, you will have to pay them in Texas. Maybe you read something from some other state, but the Attorney General of Texas is keeping track of the child support you pay and if you get behind, interest will accrue and you have to pay that too.  You are not legally required to buy things for your daughter unless the court order specifically requires that you pay for something in particular like private schoo, day care, specific extra-curricular activities or something like that. In a standard order, you are simply required to pay child support every month. You can enforce your rights to your possession time by filing an enforcement for possession and access. ... Read More

Depending on whether he has children at home, the child support amount for the other child will be a lower percentage based on his income. The original child support will remain the same, so the $500 will not change (unless the mom asks for a modification. In that case the $500 could go up or down depending on your husband's income.)... Read More

It depends on whether there is a child support order issued through the Los Angeles Superior Court and/or Department of Child Support Services.  If through Department of Child Support Services, you would have to apply through them to eliminate or waive your responsibility for child support.  It appears that you probably need to work through California Child Support Services.  ... Read More

It doesn't negate his obligation to pay child support.  He needs to get a new order with a lesser amount in child support since his income has been reduced.  So what does he want?  As you probably know, child support is based on the income of the parties and how many hours the parents spend with the child.  Thus it appears that the court needs to make an adjustment.... Read More

Has your daughter graduated from high school yet?  Child support should be paid when the child turns 18 years old and/or graduates from high school.  What "bank paperwork" are you talking about?  I'll take your questions one at a time:  No you don't just leave money (I am presuming cash) there without a receipt.  180 days is six months -- a long time from now.  Give her a time limit and if she does not cash them, then cancel the cashier's checks.  No, you do not need to file anything in court.  However, you might send the checks to her via certified mail or some other method to cause her to sign for the checks so you have a receipt.  Even Federal Express can acquire a signature.  Whatever works for you to secure a signature that she received the checks.  Good luck!  ... Read More