Child Support Legal Questions

Illegal?  No, at least as to the revealed facts.  However, the court that entered the support order for the one man -- and the one that entered the child support agency collection, if that is the other man, would each be interested in the fact of collections from the other, which could/should lead to reduction or elimination of one or the other orders.  See child support information posted here.... Read More

It depends on whether the Texas Court can exercise personal jurisdiction over you, likely pursuant to the Uniform  Interstate Financial Support Act (UIFSA). A lawyer will need more information to determine if that jurisdiction exists. If it does, the Texas court will proceed, whether you appear or not. You may be able to retain an attorney to appear for you.... Read More

Yes, you can file for child support, but if there is current order saying the father has custody, that order need to be changed. You could either give notice to the attorney general of a change in the residence of the child and let them know you have custody or you could hire an attorney who would file a modification for you. If you notify the attorney general, there's not way to know how long they will take to file a modification. If you hire your own attorney, you know the case will move forward at a reasonable time.... Read More

If the child is not determined not to be his biologically, then he may pursue an action to disestablish paternity which would result in his name being removed from the birth certificate.  If you know the name of the other guy, then you will likely have to seek him out child support, but that will not occur until the issue with the former boyfriend.  ... Read More

Thank you for your question. The short answer is possibly. I am assuming at some point the child was living in New Jersey and why the initial child support order was placed here. This would make New Jersey the child’s Home State under UIFSA or Uniform Interstate Family Support Act.  Whenever more than one state is involved in the establishing, enforcing or modifying a child or spousal support order, the act is implemented to determine the jurisdiction and power of the courts in the different states. The Act also establishes which state's law will be applied in proceedings under the Act, an important factor as support laws vary greatly among the states. I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience with UIFSA and Jurisdiction as soon as possible, so that you can understand the implications for you.... Read More

Yes, if the child support order is from NY then you need to file in NY.  If these are funds he never paid while the children were young, they wiLL probably continue until paid in full.  Of course, this is his case and you  do not have a part in it, so he will have to take care of it himself.... Read More

Why don't you have visitation rights to spend time with your children? The answer to your question is no, unless your parental rights have been terminated, both you and the mother have a duty an obligation to pay child support. If you are disabled or there is some other medical reason why you can't work and pay support, that would be a different issue.... Read More

 The short answer, which to be honest is about the best you can expect from an Internet question bored, is that if she had the child from 2015 and you were not paying support, the court can order her support back to 2015. The issues you’ve raised about insurance or financial contributions might very well be relevant to the amount of back support. I can tell from your questions that the process was frustrating. What judges will usually say if you focus on how long it may have taken her to go to court is that you also knew how to find the courthouse. In my experience that kind of comment from judges is also frustrating, I’m just giving you a bit of a heads up what to expect if you choose to argue that route  ... Read More

 Dear Ms. Cumberland/Ascano:     I believe you are referring to a "writ of bodily attachment?" There really is no expiration limit on it.  But these are issued when a party has already been held in civil contempt.  You should have contacted the Court prior to the hearing by phone and in writing and perhaps you could have gotten the hearing continued.    Generally, you should try to file a Motion to set the writ aside,  explaining the circumstances  as to why you could not make the Court hearing, and include any documents supporting same.  File it with the clerk of court and also send it to the judge in your case.  You may have to request a hearing on this as well.   Good 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.  If you are determined to be the biological father of the child you have an obligation to provide financial support for the child through the payment of child support. Child support is determined based on a number of items. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights.  I hope this information was helpful to you.... Read More

No. A parent cannot sign away his legal obligation to support a child. The only exception is when there is a pending adoption; a parent can agree to the adoption and have their rights terminated as part of that. If mother would owe father support for previous years, it may be he could get a credit for that amount.... Read More

Your boyfriend will need to file a motion to recall bench warrant and motion to dismiss the failure to appear.  Each motion will need to include specific language to meet the burden for the Court to grant both motions.  The motion to dismiss the failure to appear and to recall the bench warrant would be based upon him not having notice of the hearing and thus his failure to attend was not an intentional act.  Additionally, he has has been paying child support through his employer withholding child support from his paychecks, thus he did not have any knowledge that there was any issue with his child support payments.  One issue he may have is with his failure to update his address with the Clerk when he moves or with DOR.  He has an ongoing obligation to keep his address updated which would avoid such issues.  Also, in regards to the purge amount, the issue may be with his employer not withholding sufficient child support payemnts of is they are withholding the maximum allowed in Florida, which is less than his obligation.  If that is the case, then he needs to petition to have the child support modified.... Read More

If the child support was set up on your first child through Florida then you will need to petition the court to modify child support and be able to support your request by a substantial change in circumstance which would be your income and the birth of another child.  You will need to file this Petition to Modify Child Support through the same court that imposed the child support and time-sharing order. ... Read More

First, you should check the court file (usually available on line).  In order to enter a child support order against you, there has to be a document showing that you were personally served with the original petition for support.  It is possible that service went to your old address- or someone else there took the papers and did not tell you.   Similarly, if this is an administrative order, they typically just mail you papers, and if you do not respond, they calculate support based on government documents (such as tax returns) that show your income.  Perhaps this happened as well.  You should then write a letter, send it certified and advise you never received any papers.    Follow up with calls until you get someone's ear, and then perhaps you can have a rehearing on this matter.  But do it soon! Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com    ... Read More

The child support is most likely arrearages and the State is enforcing the payment as the State provided for your child during the time the child was removed from your custody until your rights were terminated.  You may want to speak to someone with the Department of Revenue to verify that you are not accumulating current support payments. ... Read More

Grandmother needs to get a custody order, and file for support against both parents. If the parents were not married, she may be able to do that without an attorney in juvenile court, though I don’t recommend that. If she gets legal custody, TN Child Support Services may then assist her with the child support part of that. If dad is paying mom by a court order, it takes a court order to change it. ... Read More

What do you mean about "signed over my rights"? Anything you signed should have discussed child support at the same time. There is not such thing as a "form of adoption." Either the child is adopted or she is not. Again, much more information is needed. Edward Zohn, Attorney at Law, 908.791.0312... Read More

Using the Wisconsin serial payer formula and assuming (a) your gross monthly is $2,200 and (B) the 3rd child is born AFTER the first two, you get an offset on support for the third child, based on your obligation to support the first two. $2,200 x 25% = 550. $2,200 - 550 (support for first 2 children) = $1,650 (adjusted gross), $1,650 x 17% for the third child = $280.50... Read More