Child Support Legal Questions

Without a lot more information, I don't know if anyone can help you. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your interests.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

Dear Anonymous, Unfortunately, your situation is very typical. The burden is on you to prove that he is earning income. This can be done with a combination of discovery techniques including subpoenas and use of a private investigator. Once you have obtained sufficient evidence, you can petition the Court for an increase.  ... Read More

Dear Anonymous:     Unfortunately, two wrongs do not make a right.  Yes, you still have an obligation to pay child support.  Luckily, your support ends soon.  I am wondering why there was never an order in place to have her return to Florida and a pick up order to get your kids back 7 years ago.    As to the contempt, you could proceed to get a writ of bodily attachment and if your ex ever enters Florida again she could be arrested.  A little too complicated to explain in detail here, but there is a "remedy."      I am sorry you have had to go through this and hopefully, since your children will be adults soon, you will be able to rekindle the relationship with them.   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

You would have to hire an attorney to file into the case on your behalf. Your attorney could have the father served through a private process server who doesn't give up until the person is served. Your attorney could also subpoena the father's employer and bank records to get income information and make sure child support is set correctly.... Read More

Thank you for your question. I understand how frustrating this can be for you. Signing your rights over does not automatically remove your obligation to pay child support. Unfortunately, I would need more information to be able to fully answer your question, such as was the voluntary surrender through DCPP or was your child adopted by someone else.  Surrenders can be very complex, and as such, it is important to speak with a family lawyer that understands the complexity of the situation. I strongly suggest that you schedule a consultation with a family law attorney who has experience in custody matters as soon as possible, so that you can understand the implications for you and your child. ... Read More

Thank you for your question. This is a complicated question as there are many factors and possible options. Generally, NJ does not allow a party to “sign rights over” to relive a party of the obligation to provide child support. I recommend that you consult with an experienced attorney who can discuss options regarding this issue as well as specific facts to your situation.... Read More

You may enter into a written agreement with your daughter's father, but it is not binding on the court and either of you maybring a suit to modify the terms of your orders regrading your daughter.  It certainly is not binding to agree that neither of you may file a new claim. If your daughter is going to be spending more time with her father and less with you as a result of the school change,  the father may file to modify the primary conservatorship and request that you be ordered to pay child support. This is true even if the father signs something stating he won't ask for the support to change and won't try to obtain custody.... Read More

  Thanks for your question. There are many factors to consider when calculating child support. New Jersey utilizes the New Jersey Child Support Guidelines to calculate the appropriate amount to be paid. Consulting with an attorney will be helpful to identify the factors necessary to better guide you. ... Read More

If your EX received the money from DOR then she would be the one required to repay the funds as she was aware of the over-payment and kept the money.  If she was over-paid and NV agrees then you can request to have the over-payment applied to your current child support obligation to reduce your future payments.  ... Read More

I am sorry that you aren't able to see the children.  If you are ordered to pay child support and want to modify the support you will need to file a suit in the same court that ordered the support.  The court will not eliminate the child support obligation for you because seeing the children and supporting the children are not linked under Texas law.  In other words, you may be ordered to pay child support for children you never see.  Likewise you may exercise possession orders and see children even if you fall behind on paying child support.  ... Read More

If there is a court order for the father to have possession of or visits with the children, then you should follow what the order says you must do.  There is no legal tie between the obligation to pay child support and the right to possession of one's children.  If there is no court order, then it is within your discretion to continue any verbal agreement you made with the father for him to see the kids.... Read More

You cannot serve the petition filed by the attorney general. However, you can file a cross-petition and have that served on the opposing party. Your could also serve the other party with a notice of hearing with proof that it was sent. If the other party doesn't show up and the cour finds that the party was properly served and notified of the hearing, you may be able to get a default order against the other party.... Read More

Dear Anonymous:    Although the father is on the birth certificate, until he establishes paternity in a court, he is not deemed the legal father under Florida law.  He should file a petition to establish paternity as soon as possible.  Below is a link to a form he can use, but he must follow the instructions carefully, as there are numerous steps to take in this process, and it can get a bit tricky for a non-lawyer. https://www.flcourts.org/content/download/403319/3458248/983a.pdf Also, if the child has lived in the state within the last 6 months, the action must be filed in Florida, even if he intends to take the child out of the state.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785     ... Read More

Thank you for your question. Unfortunately it is a fact that, very frequently, the Court makes mistakes when generating Child Support Guidelines. It is certainly important that said Guidelines be reviewed by a knowledgeable and experienced Family Law attorney before implementation. With regard to your specific question, a Court will consider additional sporadic income for child support purposes. What the Court is supposed to do is to take an average over the past years (usually 3 years) and then use that number for income purposes. With regard to your ex, an argument can certainly be made that she has the ABILITY to earn additional income, but choose not to. The Guidelines are based upon an ABILITY to earn income, not the actual income itself. She made additional money in the past – she can do so now. The fact that she CHOOSES not to should be of no consequence. This concept is codified in the NJ Statute addressing child support. Perhaps more importantly, are you aware that you may be entitled to a deduction of child support with regard to your ex due to the fact you have 2 new children from your current relationship? I strongly suggest you schedule a complimentary consultation so as to fully explore your rights and options with regard to your child support issue. I hope this was helpful to you.... Read More

  You will need to file a Petition for Modification in each case for each child.  The court can take into account additional children in calculating child support.   Check on line under Florida Fmaily Law forms and that may give you some guidance.  Because this is a little tricky to navigate, you should also try to call your local legal aid office for some assistance.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. ... Read More

Child support is not necessarily automatic, but if the child's mother applies for any benefits with the State then a child support case will likely be opened and you could be required to pay child support in accordance with the guidelines.  If you choose to work something out with the child's mother outside of the Department of Revenue, then you will want to make sure it is documented, not only the amounts and dates, but there is documentation to establish that the money is for the benefit of the child and not a gift to the child's mother. Keep in mind, you can make agreements but the mother can still pursue child support at any time and if you are unable to establish that you have been financially supporting your child, then you can end up with child support arrears to pay in addition to any ongoing support that may be ordered. ... Read More

 Dear Ms. Francisco:     Child support is based on three main factors: 1) The net income of each party 2)  The additional costs for child care and health insurance (if reasonably affordable) and 3)  The number of overnights each parent has with the children.   If these factors were not considered originally, then you have to ask the court to use them to calculate child support now.  Make sure you have the documents showing the child care costs and health insurance costs.  As to what you were "told" about other expenses he was supposed to cover, unless it is written in the final judgment of divorce or the Marital Settlement Agreement, it is not enforceable.     As to your ex's income, he needs to produce more than a financial affidavit.  He needs to produce pay stubs, a W-2 (which he should have by 1/31/19) 1099s, and bank records.  These document should shed light on what his real income is, and then the court can use those numbers to calculate support.   You can also ask the court  (which they will do) to issue an income withholding order so that his support comes directly out of his paycheck.    Wishing you luck, Cindy S. Vova Law Offices of CIndy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read More

Thank you for your question. I understand it can be stressful when dealing with financial questions. The short answer is no, that you do not necessarily need to return to court to make adjustments to your child support, however, the issues you present are complicated. I suggest you schedule a consultation with a family law attorney who can help address all of your questions and explain to you how to fix the issue without attending court. I hope this was helpful to you. ... Read More

It is difficult to answer your question without more facts from you. (1) what is the current placement schedule? Is it shared / equal placement? does the other parent have pirmary placement? (2) how long ago was the child support order set? if more than 33 months, there is a presumption under Wisconsin law, that there is a substantial change in circumstances sufficient to  modify the support order; (3) if you are under a court order to pay child support, and cannot comply due to significant health reasons that impair your ability to work, certainly a letter from your doctor at the preliminary level of the court commissioner hearing may help. Keep in mind that technically, the letter from your doctor is "hearsay evidence" and can be objected to by your ex spouse or their attorney. If the case goes to a contested hearing, you may have to bring in the doctor to testify. It might be best to talk first hand to an experienced family lawyer before filing a motion to modify the support payments.... Read More