Child Support Legal Questions

You do not "have" to cancel anything, but if the facts are that the child is receiving direct support by the provision of food, clothing, and shelter in the father's residence, a reviewing court will probably find that no support is due for the time of that cohabitation.  You might want to put in a call to your case manager to see if you could suspend your application until you can move out again; arrears remain owing for any period prior to your moving back in together.  Keep the best records you can as to dates, amounts spent, etc.... Read More

You have several options. If you cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center (these days, telephonically); volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.       ... Read More

Is there already a court order adjudicating your son as the father? If so, he would need to file a modification and serve the mother and the biological father. If not, he would file an original suit affecting the parent-child relationship and serve the mother and biological father and seek a court order excluding him as the father and naming the other man as the father.... Read More

The short answer is that there is case law in NJ that says that a child can graduate from high school and need a year to get his act together; during which year, the child can be deemed emancipated and then go to college and then be deemed unemanciapted. In your setting, he graduated from high school but only went to college part time for 2 years, during which his father paid child support and now the plan is for him to go to college full time and therefore you are opposing your ex's application to deem him emancipated. Your opposition to your ex's application must explain in detail with as much documentation as possible as to why your son was only going to college part time and whether his father knew he was going only part time and why the plan is for him to now go full time. I would also make sure that you include the classes taken by him, his GPA and proof that he is going to college now full time with documents from the school confirming same. Simply saying it without supporting paperwork will not suffice for the court. Also, dont think that you are simply going to walk into court and tell the judge your position. You must file written opposition to his application and you must attach all of your exhibits and provide a complete story. For purposes of your opposition, you have 25 pages available to you ( not considering exhibits) to write and explain why he was only going part time, etc and you will need all 25 pages to type out your response. ... Read More

It is possible for the state to try to recoup some suppport from a parent with means if the other parent is on social services -- that said, if assistance is necessary for you and your child to get by you shold apply for all benefits available; especially in the current enviornment, many normal "loans" and other repayment sare not even being sought by the government.... Read More

The short answer is of course you do.  There is nothing more important than your child and you want to make sure you aren't facing an uphill battle in court.  Hard to expect the attorneys on this site to say anything else.  If nothing else, you should at least consult with an attorney to get the basics, and then perhaps you and the mother of your child can work something out based on the guidance you've received.  Custody is going to be an issue until this child turns 18, so you are going to have to learn to work with each other a little bit.... Read More

If you and he agreed that he would pay for specific expenses for the children, then everything agreed upon needs to be in a writing submitted to the court so that it is clear what he is to pay for. If its not in a writing as part of the submission to the court, he can later claim that he never agreed to pay for those expenses and a judge will be hardpressed to impose an obligation that you say he agreed to and he says he never agreed to do so.  Separately, you and he NEED to run the child support guidelines as part of the divorce process so that the court and both of you know exactly what he was obligated to pay under the guidelines. You and he have the right to deviate from those guidelines, but for court purposes, it is required to be submitted and referenced to the court. The guidelines identify your income from all sources, his income from all sources, who is paying for the childrens share of  health insurance coverage ( and the actual amount for their share of the coverage) and the number of overnights the kids will be with him over the course of the year( i.e - if he has them every other weekend from friday to sunday, then he has 2 overnights in a 14 day cycle or 52 overnights for the year).  ... Read More

You probably cannot give custody to ex-wife and her boy friend if they are not married.  If they adopt the children, then you will not have to pay child support.  However, if your child support is so high that you cannot pay it, then you can get it reduced through the court system or State Agency if assigned.... Read More

These are great questions and it is good that you are being proactive with this and looking into getting a jump start on what is to come for child support monies in support of your daughter. In New Jersey, child support as well as medical support for your daughter may continue up to age 23 so long as she is attending full-time college (or graduate school) OR in the event you and your daughter’s father enter into some sort of agreement. There are other factors in the Statute, but these are the specific ones that apply to your situation. Do you currently have an agreement in writing that relates to child support and/or college contribution? Anything that discusses medical contribution? If you and your daughter’s father have an agreement that discusses these issues, a family attorney could review the arrangements and provide assistance on where to go from here. If your daughter is seeking child support AFTER she turns 23,  Court can Order that support continue if it’s warranted under the law – meaning your daughter would have to show the need for it. This would also need to be considered something other than “child support” since it technically cannot go past the age of 23.  There are some additional questions that may need to be answered and will definitely be helpful in your situation. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.... Read More

  Ms. Vazquez,     If your fiance has an order to pay child support for a child you have together, but he is going to become your husband, then the child support should terminate.  Of course, he would have to file a Petition to Terminate Child Support, stating the grounds that he is marrying you and will be living together with the child.  Since you would be the party "against' whom he served this, you most likely could do an agreed order to terminate the support and submit that to the court.  Of course, if the Dept of Revenue is involved, there may be a few more steps.  Nonetheless, there will have to be an order to terminate signed by a judge.  Child support will not just terminate without it even if you do marry.   I hope this was helpful.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.... Read More

Child support is based on income (may be imputed if there is no actual income) and the number of overnights a child spends with a parent. There is a specific formula set up in the Florida statutes.  In your case, you have a third party caring for the child too.  You should meet with an attorney, provide the specific income and timesharing numbers and determine what the child support should be, if any. ... Read More

Dear Mr. Vess:      I am assuming you are asking whether you will still be required to pay child support.  Please understand that you cannot just "terminate your parental rights" because you do not want to pay support.  If there is another individual willing to step into your role (i.e. a potential stepparent) then there can be an agreement to terminate your rights, since the stepparent will take up that role.  Absent such a situation,  or where there is a state intervention to terminate your rights for abuse, abandonment or neglect," your obligation stays.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. ... Read More

Dear Anonymous:   It would really depend on what your Final Judgment and/or Marital Settlement Agreement says.  It likely states that the child support terminates on the child's 18th birthday (Sept. 7th).  It appears that he pro rated it for the month.  However, check your agreement because the law typically says"...18th birthday or graduation from high school, whichever comes later...provided there is areasonable expectation that the child graduate before her 19th birthday."  If this applies in your situation (daughter in 12th grade and will graduate in June next year) then he would still owe full support until that time. If you believe that your agreement provided for the support to be paid for the full month of his birthday you would have to file a motion with the court  for contempt to get the remaining amount. I hope this helps. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  ... Read More

Dear Mr. Martinez:      I assume your child support ceased becasue after the child's mother died, you became the "next of kin" and are entitled (barring matters that I am not aware of) to have the child living with you and therefore you would be supporting the child.  The grandmother would have to file a petition to become the custodian of the child, and then she could seek child support from you if she is successful.  However, at the moment, I suspect your court order required support to be paid to the deceased mother, not her mother.     I hope this helps.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.  ... Read More

Thank you for your question. In order to enforce a child support award, you would have to take him to court to get an order enforcing it. While you are not required to hire an attorney to make an application through the Courts, it is generally a better course to have representation to ensure that you are pursing all of your rights in the correct manner as required by the law and Court Rules, and to help you map out the right strategy to get you to your goals.... Read More

As a general statement, neither your former partner nor the probation department can attack your retirement account, but if the court was to conclude that you are willfully refusing to pay your child support obligation or related expenses, the court can order an invasion of your retirement assets for the payment of those expenses, which  invasion will also result in the imposition of taxes and penalties due on the invasion, which will be your responsibility to pay as well. As an alternative, since you acknowledge that you owe the money and dont have the cash flow for the payments, maybe you take the initiative and suggest to your former partner, that you and she enter into a qualified domestic relations order ( called a QDRO) for the payment of all of the money owed for back child support and unpaid unreimbursed health care costs - cleaning up your outstanding obligations. By doing so, the money will be taken from your retirement account and rolled over to a retirement account in your former partners name and then she can withdraw all or part of it as needed ( and she may also qualify for a hardship, avoiding the penalties for the withdrawal). It could be a win-win for both of you. ... Read More

    Well, besides the obvious, this still might constitute statutory rape in Florida since one party was under 18.  However, there are  "close in age" exemptions, but you would have to consult with a criminal lawyer regarding this matter if it is raised by  the putative father.   On the family law side, once the baby is born, either party would have to file in the circuit court where conception took place to establish paternity.  Without a court establishing paternity neither child support nor timesharing is legally enforceable.   Hopefully this is the information you were looking for.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. South Florida 954-316-3496/561-962-2786 info@vovalaw.com ... Read More

Hello. Your post is not a question and so I cannot answer it. I will tell you that the child support worksheet was updated in March 2020, so you need to Google "Tennessee 2020 child support worksheet," and you need to carefully fill that in, and that will yield the proper child support number. If there are numbers you need to fill into that sheet that you don't know the correct number, you will need to find a way to get the correct number. Sometimes that means filing a case and sending subpoenas, sometimes it's easier.... Read More

A child support order does not automatically grant the father parenting time with the child.  The court would have to make an order on child custody/visitation, which is separate from child support.  And yes, you can still apply for a domestic violence restraining order.  You will need to describe both the most recent abuse and the history of abuse.  Submit the proof you have with your application.... Read More

An order of the court terminating your legal relationship to the child (and permitting the stepfather to formally adopt him) ends your future legal obligation for the payment of child support. An order of the court terminating your legal relationship to the child does not terminate any child support arrearage obligation outstanding as of the date of the termination order. So, if you owed 10,000 in outstanding child support as of the date of the order for termination of your legal relationship to the child, you do not get to avoid payment of that 10,000 obligation but from the date of the termination of your legal relationship to the child into the future, any order outstanding for the payment of child support from you ends and the probation department would need to correct its records to reflect that effective XXX date, they should not have been collecting any new child support from you. If a probation department officer ( the hearing officer) tells you that you are wrong and you are the father and you have to pay the child support - tell her that she is wrong and that you want to appear before the court to address it. Understand that this is a unique setting and 95% of hearing officers have not seen this type of setting before and may not understand the legal significance of the order for termination of parenting rights and therefore you need to insist on appearing before the judge so that you can address it to him / her. Make sure that you bring with you a copy of the order requiring the payment of child support, the order terminating your legal relationship to the child ( the order permitting the step father to adopt the child) and a print out of your probation department account statement showing that the probation department has continued to collect child support from you after the date of the order for termination. Make sure that you keep each of those documents in separate file folders so that they are easy to locate during the proceeding and make sure that you have copies to give the hearing officer and the judge ( instead of bringing 1 of each and expecting them to copy everything for you. Make it easy for everyone to review the records you want them to see. If you have any communication with your ex confirming the adoption or communications from an agency involved in the adoption matter, bring copies of those documents as well. If you have text messages between you and your ex or you and the stepfather confirming the adoption, take screen shots of those text messages and then print them out - otherwise the court cannot consider them. You cannot hand your phone to the court for its use in your proceeding since the material on the phone is not evidence that the court can retain in its file.   ... Read More