Child Support Questions

There are numerous child support questions that need answering

• How can I set up child support if I live in a different state?


• Am I still responsible for child support if the child attends college and has a job?


• How long do I have to live in a state before I can file for custody?


• Am I still responsible for child support once I find out the child is not mine?

Here you will find child support questions that have been aksed by vistiors, and have be answered by qualified lawyers. There are so many questions that need answering when it comes to the touchy subject of child support laws, that you may need legal information from someone who is legally qualified to help you. If by any chance you do not see a question related to your experiences, you may fill out your questions in the box below and a lawyer will answer your child support questions in a timely manner.

A. If the child is your biological child and paternity was established you will have to pay support regardless of being married.

Child support questions:
In need of legal advice, My husband is paying child support for his daughter. The mother of the child is asking for modification because my husband is about to deploy and she feels that he will inherit more money. I understand if she wants to file for modification. I was wondering if military is able to assist him with a lawyer if he is trying to get joint custody of his child? What does Florida law base their income towards child support. She is married with a child but her husband has very low income. I am not working but my husband only makes 23000 a year. Please let me know if you can help. Thanks

A. Thanks for your question.You can see if military will assist him with lawyer here. He can file for joint custody here in Florida if that is where court and child are located. Florida bases income here on the parents wages and total number of dependents. You should contact state child support here about the tax return. You are not required to contribute your portion of the return and can ask for division so that you get your share back.

Child support questions:
If I got a woman pregnant that was already married do I have to pay child support?

A. The answer is you may depending on what the husband decides to do. The law presumes that the husband is the father of the child if he is married to the mother at the time the child is born. However, the husband can ask for a paternity test to prove that he is not the father and if he does that, then you could ultimately be on the hook for the child support.

Child support questions:
Would I have to pay child support if she doesn't know my hole name or date of birth but she does know my employer?

A. If she knows your employer, she can always get your name and other information about you through the use of a subpoena or third party discovery requests. With all the technology these days, it is not difficult to track someone down. She could even hire a private investigator to find you even if all she has is your phone number or part of your name.

Child support questions:
My Ex will not tell me how much he is currently making or how much his Army retirement & disability pay is. How can I legally obtain his proof of income? I do plan on filing for modification but he wont give me his income amount for the paperwork so I'm having guestimate on it. The last time I had to take him to court to modify child support he just wrote in a number and did NOT provide proof and I KNOW he lied but had no way to prove it cuz he didn't show his W-2's. Am I able to legally get a copy of his W-2's through the Freedom of Information Act?

A. unfortunately you cannot get a copy of his W-2s absent a court order. You can estimate his income for the petition for modification. Once the petition is filed request a court order the turnover of his W-2s and tax returns.

Q. I send my ex child support payments, but he doesn't cash all the checks and after 6 months, the money goes back into my account. Am I still responsible for these payments?

A. What you will need to do is place those returned payments into a separate escrow account. that way, if he ever comes back and says you did not make those payments and tries to charge you with an arrearage you can show that you made the payments, the checks were never cashed, reverted back and you moved it into a separate account for that very reason.

Q. I paid Child Support through Clark County NV to San Bernandino County CA. In 1992 after paying longer than required for two of the children in order to pay arrears that CA said i owed when my ex-wife was receiving assistance, I requested a full accounting from San Bernadino Co through Clark County Support Division. Clark County determined my support obligation paid in full in 1992, San Bernandino Co, continued to claim I owed money and has refused to provide a full record of payments received over the years from tax returns, stimulus $ etc and last year garnished my paycheck. How do I get a complete record of what was paid and actual amount they claim I owe. I still claim that all support was paid in full. Is the County of San Bernadino required to comply with this request?

A. You can certainly try this, but since you said your current attorney sent letter and did not get all the records, I am not sure that they will give you them either. But you can certainly send a certified letter and send it return receipt requested first. This will just ensure that if you do have to sue them, the judge will be able to see that you have done all your due diligence in trying to get copies of these records. I also wanted to tell you that you will be entitled to everything they have taken out of your paychecks in order to satisfy the arrears that never even existed. But just getting them to give you back that money means you may have to file a lawsuit--even if they stop the garnishment. If they don't send you these records, an Order to Quash the Writ of Garnishment will need to be filed against the DCS.

Q. I have a CA support Order, but mother of children is in CO where she has legal custody. I am re-married and live in CA where I have resided for 5 years. Does CO courts allow for my new spouse's income to be considered in setting/modifying child support? Or is it only mine and mother's inomes?

A. child support is calculated on gross income of the non custodial parent. under CO law, actual gross income of a parent is income if employed to full capacity, or potential income, if unemployed or underemployed. however, it does not include the income of the parent's subsequent spouse, even if the parent is benefiting from the subsequent spouse's payment of shared household expenses such as the mortgage.

Child support questions:
If I have managing conservatorship of my 16 yr old daughter and my ex is $23, 000 in arrears and I pay her medical insurance. I have gotten paid by the attorney general x 1 yr. Now my daughter has decided to go live with her father. What do I do? She has lived back and forth between our homes for 11/2 yrs?

A. Since he owes so much in arrearages, you can request that any support you are ordered to pay offset the amount he owes to you. If the AG's office does not agree, then you would need to file a motion for offset with the local family court. In addition, since you appear to have sole conservatorship of her, you can prevent her from moving in with her father. The police would be compelled to assist you in returning her to you if you provide them a copy of the court orders.

Q. HI, MY NAME IS CHRIS AND MY WIFE CHEATED ON ME AND NOW IS LEAVING ME FOR THAT GUY. NOW SHE WANTS CHILD SUPPORT. I DO HAVE HIM 50% OF THE TIME BECAUSE I WORK GRAVEYARD AND SHE WORKS DURING THE DAY. WHAT IS GOING TO HAPPEN WITH ME.

A. If the court gives you each 50% custody as you have now, then usually you will not be ordered to pay support. Now if the mother makes significantly less than you, even if you have 50% custody you can still be ordered to pay support. Adultery has no bearing on whether or not or how much you will pay in support, it is used to help divide and assets or debts in the property division.

Child support questions:
I have been divorced for over a year now and my ex continues to harrass me about how I should spend my child support and alimony. Does he have a legal right to do so? Can he also petition to reduce child support? We live in California

A. No he has no input on what you spend this money on you as it is payable to you without strings. He can file in court to modify his payments but he has the burden to convince the court that change is needed. The courts very rarely grant these unless a prolonged job layoff or other change has occurred.The fact that he doesN't like all ayer choices will not get such modification.Also he likely agreed to pay these amounts and the court would be reluctant to change here.

Child support questions:
Im seeking to change current child custody rotation for the sake of my kids. My ex and I initially agreed upon an alternating 2 week rotation alternating weekends. We have given this a year and I am not happy being away from my boys (ages 12 and 9) for such long periods of time. I have proposed to my ex that we have a more frequent custody rotation where we can each see our boys more frequently during the week. He is not privy to such a change. What are my chances or winning in court in the event I have to go this route for the sake of my boys?

A. The court is required to do what is in the child's best interest - this is the main objective over all other concerns. If you can show the court that this will improve their home life, relationship with each parent, etc. , you have a good chance. Also, because of the childrens' ages, the court will consider their position on the issue as well. Your chances depend on how much proof / testimony you can provide on these issues.

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