Child Support Legal Questions

You could potentially file a motion asking the court to waive the arrears. You would have a really difficult argument here because of the length of time at issue, but you could potentially prevail on the basis of the inequity of the original order. $1,000.00/month is an extremely high child support order.... Read More

 I am assuming it was contempt for failure to pay child support and that, possibly, it was brought by DOR?  They should have the documents but it doesn't hurt to come prepared.  Also your father should be prepared to testify that he has not received any of the money owed.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read More

  The law says that if a woman is married at the time of conception or birth, the husband is the presumptie legal father of the child. He would stay as such unless he or the "wife" filed for a disestablishment of paternity.     On the other hand, did your husband sign the birth certificate?  If he did there is a presumption of paternity.      That said, if a petition is filed to establish child support against your husband, he would need to bring up this up- the mother's fraud on the birth certificate, that she was married, etc.  Because this is a bit unusual, if he does receive a summons it would be worthwhile to speak with an attorney.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova  Broward/Palm Beach 954-316-4596/561-962-2785... Read More

Who is on the mortgage does not matter -- ownership has to do with who is on title (the deed).  After ten years and having children together yes, you have claims to make.  Take a look at the material posted regarding the rights of unmarried cohabitants as to property posted here, and child support and custody here and here.  You need more than can be provided in an email, however; please call any time during regular business hours and speak with one of our lawyers, and we will see what we can do to assist you.... Read More

Short answer is he cannot. If he is the biological father, he cannot terminate his own rights. If the mother were to bring an action for Termination of Parental Rights (TPR) against him, the Court can grant that if certain circumstances exist, but he cannot terminate his own rights.  To zoom out a bit, the law gives parents rights, and imposes obligations. The most common example is that a fit parent has the right to parenting time, but an obligation to pay child support. If I have a right, I can waive it. No court can force a parent to spend time with their children. An obligation is different. That parent who does not want any parenting time can still be forced to pay support, and if they have no parenting time, that support will be even higher. So, your husband cannot be forced to see these children. I don't know what that does to kids for a father to say he doesn't want them because of mom's drama, but legally, he does not have to exercise his rights. To the extent he has obligations, child support, payment of medical bills, exchanging yearly income information, etc., he can't lift those from himself. ... Read More

I do not think the Judge will think it is in the child's best interest for the biological father's parental rights to be terminated in the circumstances you describe. A person "signing over his rights" is not effective unless the Court follows that with an order terminating the parental rights of the father.  In other words, it takes a court order to terminate the parent-child relationship.  One cannot simply declare oneself "not it." The Judge works for the State and the State wants the biological parent, who has a legal obligation to financially support the child, to be ordered to pay child support and provide health insurance and dental insurance for the child. Sounds like the father is in a good position to do that now. So that is probably what you should request if you want to counter a move by the father to have his own rights terminated. If you are requesting a termation of the biological father's rights and also have a step-parent adoption filed, the court is more likely to approve the termination, but also approve the adoption by your husband at the same time.  There are, of course, requirements you must meet before a step-parent adoption may be approved.  ... Read More

You should be able to schedule a DNA test directly throiugh the agency handling the case -- presumably the District Attorney family support unit.  You might want to review the information we have posted regarding paternity actions here, but the best bet is to contact the assigned case manager and make arrangments for testing.  If youi can't get anywhere directly, consult with a family law specialist who should be able to make all arrangements with the D.A.  if the situation is different from these assumed facts, please call to speak with one  of our attorneys and explain it, and we'll try to assist you.... Read More

Michigan may be able to try to collect child support from you for periods prior to the adoption when your sister had the child.  If there was ever an order for you to pay child support, Michigan may be trying to collect on the old, unpaid obligation plus interest.  You should ask your question of a Michigan attorney because that attorney will know the Michigan child support laws and be able to advise you on those laws.  The attorneys who answer Texas questions are usually only licensed to practice in the State of Texas. You may want to confirm that the termination was finalized.  If your sister has custody but the termination was not finalized, the state most certainly will try to get one or both parents to pay support.... Read More

To change your child support you must file a motion to modify--seeking a change in the parent with the right to designate the primary residence of the child.  This motion should be filed in the same court that issued the order in which the divorce or suit affecting the parent-child relationship was filed.... Read More

It is possible that the Office of the Attorney General shows that you owe a large amount of money to your child's father.  I recommend getting a copy of the financial transaction record for your case from the Office of Attorney General's office or website.  After that you may want to enlist the help of the child's father if he will agree that you do not owe him support.  There is something called an affidavit of direct payment that, if true, the OAG may accept and wipe out some or all of the child support arrearage.  If you and the father have been living together the full time then you may be able to get a credit for that time.  There may be a court order somewhere that orders you to pay support and provide health insurance or pay medical support.  Finding out what is ordered is the starting place.  Then you need to try to get the orders modified if they order you to pay support.  You do not need legal aid to help you with this. You should be able to handle this yourself.  Legal aid probably would not take on a case to help you eliminate an obligation to pay child support.  That is not part of their mission.... Read More

If you have a bench warrant outstanding for non-payment of child support, it means you fell behind on payments, causing an arrearage setting and then probation filed an application with the court for sanctions for non-payment & a court entered an order for your arrest. So, eventually probation will discover that you are working & the police will be dispatched to your place of employment to arrest you & you will then be taken from your new employment in handcuffs. Not a good way to start your new job. My suggestion is that you reach out to the probation department NOW & let them know that you have a new job & that you want to square away your arrears with a payment plan. Make sure you get the name (first & last) of whomever you are speaking with at probation & his email address. If you can work out an arrangement for the payment of the arrears, you must confirm it in writing to the person you spoke with. Simply having a telephone call with "someone" from probation, will not stop you from being arrested since there is no way to verify if your story is true. Your letter to the person in probation needs to state that you are confirming the conversation on XXXX 2020 ( CS number XXXXXX) as to the outstanding bench warrant for non-payment of child support & that you & he agreed that you would begin paying XXXX to probation weekly beginning XXXXX to pay off the arrears & to pay your weekly child support going forward. Confirm his telephone number in the email as well to prove your effort to resolve this issue. Next, you need to let your new employer know that you have an order for arrest outstanding for nonpayment of child support but that you are addressing it responsibility & you have worked out an arrangement with probation for repayment. The worst thing you can do is ignore the order & think that you can simply begin working a new job & that everything will be ok. It won’t. Be proactive & begin that process today. ... Read More

Short answer: No.  An obligor cannot unilaterally terminate his own rights and avoid support; he can relinquish his parental rights, but his obligations remain until and unless a judge grants a Termination of Parental Rights.  Details are posted here.  If you are not getting support and wish to, or have any other questions about your rights and options, feel free to call and ask one of our attorneys.... Read More

If the problem is that the court order no longer reflects reality, the solution is to amend the court order.  Be aware that Nevada child support laws have changed a great deal quite recently, and woiuld apply to the new order.  A complete recap of the law is posted here.  If you have further questions, feel free to call and speak with one of our attorneys.... Read More

Your question indicates you have attempted to use one of the calculators. To be sure you are using the correct calculator, make sure you are visiting the official State website: NC Child Support Guidelines. If you are having trouble determining how to use the calculator, you should contact the child support agency in your county or seek the advice of an attorney in your area. The child support agency handles hundreds or more cases, so it may be worth your while to at least consult an attorney even if you do not plan to hire one. Also keep in mind that a paying parent may be ordered to pay your attorney's fees if he or she does not pay the correct amount ultimately awarded by the court.   ... Read More

It appears that your question is whether you must file for divorce to get child support. If you are separated from your spouse and you have the child or children, you could get child support. You should contact the attorney general online and fill out the form to get your case started. You could also hire an attorney so that your case moves forward more quickly.... Read More

Your daughter should go to the attorney general in her state and file for child support. If the father also lives in Louisiana, the case would move forward in Louisiana. If the father lives in another state, the case will move forward in that state. Your daughter should be in contact with the court in the other state and request to appear by phone for any hearings. This process may take a long time. If your daughter hires a private attorney, her case could move forward more quickly.... Read More

When you cash out your 401(k) taxes will be  withheld. Then when you file a tax return, if you are due a refund because you owe less than what was withheld, the child support office will intercept your tax refund and pay it to the obligee. I don't know if the OAG will intercept money before you receive it fro the administrator of the retirement account. ... Read More

In Texas, only your husband's income is considered for child support purposes. Even afer you get married, your income will not be garnished for his child support obligation. However, it is possible for him to get in a situation where the state may garnish his bank accounts so you may want to keep your income in an account that does not have his name on it.... Read More

As of today, the State has not answered your question. If you have not already, apply for unemployment and make sure you've taken the necessary steps to receive your stimulus payment. The courts are technically open, but very limited in what they will hear. Again, as of today I don't think you could get a support reduction hearing, but I don't think they would schedule a contempt hearing for non-payment, either. I wish there was a clear answer to your question but there just isn't. Your obligation exists, even if you can't meet it. If that conflict puts you in court down the road, you'll want evidence that you did all you could (see first sentence.)... Read More

Technically speaking, your new wife has no responsibility to contrbute or pay your child support obligation, but if you are in arrears and you have a joint bank account with your new wife and there is an order outstanding as to payment of arrears, someone is going to move before the court to freeze that account and attempt to grab that money for payment of child suport arrears, which money may include your current wifes money from her employment. The easiest and safest way to avoid this issse is to "overpay" your child support ( if possible) through the probation department ( presumably your payments are through a probation department account) so that you never fall into arrears and even if you occassionally late on a payment, there is sufficient monies in the account to cover the obligation outstanding. It may be a pain, but it may also make your new wife happier knowing that her money will be safe. The advice given is purely to help reduce your new wifes stress level and to make things easier for you moving forward. ... Read More

Im confused by the question - are you asking if you ( as the mother) can take a paternty test to determine if your child is really your biological offspring or are you asking to have your husband take a paternity test to determine if he is the biological father of your child?  The first setting is easy. If you are unsure as to whether your child is really biologically "your child", you can take the test ( which would include taking a swab from the child and from your husband at the same time). The next question though is what do you do if it turns out that the child is not really your biological offspring. If the child is not your biological offspring, then efforts would need to be made to determine who is the biological parent[s] and then potentially have her rights terminated so that you could then adopt the child. As to the 2nd scenerio, if you are uncertain as to whether your husband is the biological father of your child, you can again have the test run ( with his cooperation) to determine parentage. If he is not the biological father, then you would need to identify who you belevie is the biological father. Since you are married, to compel him to take the test, you would have to file an application with the court seeking to compel the testing, which would require you to submit details as to your sexual relationship with this other man at the time of conception. ... Read More