Child Support Questions

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Question
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

  • Answer: 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?

  • Answer: 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:
I have child support questions of my own. 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?

  • Answer: 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.

Question: 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?

  • Answer: 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.

Question: 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?

  • Answer: 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.

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