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Child Support Questions & Answers
1 Answer | Asked in Child Support, Child Custody, Family Law and Employment Law for Texas on
Q: My son faces legal actions for increased child support and visitation rights termination. He earns $11/hr part-time and struggles financially. His ex-wife cites the child's autism. What are his legal options and how can he get representation?

My son, who earns $11/hr working part-time for an events company and has a mental health diagnosis, has been served with papers by his ex-wife’s lawyer. The legal actions against him include requests for increased child support, extending support beyond age 18 due to alleged... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2025

Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can I petition court without lawyer to modify custody

My 12 year old doesn’t feel safe at dads and expressed not wanting to go back over there. We have 50/50 he’s been abusive mentally and verbally

Drinks and drives current alcohol addiction

Has been physical

Can I petition the court to do an in person camera interview... View More

Rebecca Lynn Smith
Rebecca Lynn Smith
answered on Jun 30, 2025

Yes, you can. In Georgia, when a child is 11-13, a judge will speak with them and take their opinion into consideration as to what's in their best interest. At 14, they can elect who to live with and a judge will grant it as long as they feel its in the child's best interest.

1 Answer | Asked in Divorce, Child Support, Child Custody, Family Law and Military Law for Texas on
Q: Veteran seeking advice on disestablishing paternity and child support in TX

I am a veteran living in Houston, TX, previously honorably discharged from the army. I'm in a same-sex marriage, currently separated from my wife who is in San Antonio, TX. She had a child with an acquaintance, and I am listed as the other parent on the birth certificate. I've financially... View More

Raymond Chow
Raymond Chow
answered on Jun 27, 2025

Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More

2 Answers | Asked in Divorce, Domestic Violence, Child Support and Family Law for Texas on
Q: Divorced, ex not paying spousal maintenance, harassment, TX

I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

Raymond Chow
Raymond Chow
answered on Jun 27, 2025

If your ex-husband is failing to make spousal maintenance payments or threatening to stop them, you can file a Motion for Enforcement of Spousal Maintenance in the family court that issued your decree. The court can order him to pay arrears, issue a judgment against him, and, in some cases, hold... View More

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2 Answers | Asked in Divorce, Domestic Violence, Child Support and Family Law for Texas on
Q: Divorced, ex not paying spousal maintenance, harassment, TX

I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2025

You can see if you qualify for pro bono legal assistance at one of the many pro bono legal clinics in the State of Texas. Legally, you also can represent yourself; however, I would not recommend it. Unless you are thoroughly familiar with the legal process and what needs to be done, I do not... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Custody battle and financial constraints after father filed for full custody in MN.

I have full legal custody of our three children, but their father has just filed for full custody. Currently, two of our kids live with me, and one has been living with him due to my temporary situation last year when I was homeless. I'm now stable and living in a four-bedroom house. He has... View More

Robert Kane
Robert Kane
answered on Jun 27, 2025

If you are unable to obtain legal representation through Mid-Minnesota Legal Aid you may want to need-based attorney's fees. They are awarded if there is a substantial disparity in the parties' incomes and the Court finds that one party has the means to pay the other party's... View More

1 Answer | Asked in Adoption, Child Support, Estate Planning, Probate, Public Benefits and Family Law for New York on
Q: Legal concerns about identity and receiving inheritance in New York

I was born in Bronx, NYC, in 1988 and adopted in 1994. My current birth certificate has my first name in all caps, and my last name has three asterisks after it. My social security number seems to be from South Carolina. I’m concerned about whether this is legal and if I might have two... View More

Stephen Bilkis
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answered on Jun 26, 2025

I'm so sorry you're dealing with this confusing and stressful situation. Questions about identity, adoption, and inheritance can be deeply personal and legally complex, especially when records appear inconsistent.

In New York, once an adoption is finalized, the adopted individual...
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3 Answers | Asked in Child Support, Child Custody and Family Law for New York on
Q: How can I obtain a child support modification in NY given overpayments and healthcare contributions?

I need guidance on obtaining a child support modification in New York. I am current with my payments, paying arrears, and I cover medical insurance for my child. A support representative informed me that I've been overpaying since 2023, and my healthcare contributions should not incur an extra... View More

Stephen Bilkis
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answered on Jun 26, 2025

It sounds like you are doing your best to meet your child support obligations while also trying to manage your own financial stability. Situations involving overpayments and miscalculations in the child support system can be frustrating and difficult to resolve without clear legal guidance.... View More

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1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Do I need to return to court in GA to stop child support for children over 18?

In Georgia, do I, as a non-custodial parent, need to go back to court to stop paying child support for my children who are now aged 24, 22, and 19, given that the court order states payments should continue only until they are 18 and in school full time or until age 20? The 19-year-old has not been... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 25, 2025

If you have a garnishment a court order might be needed to stop the garnishment. If there's no garnishment, you can contact the Division of Child Support Services to start the process of getting the order terminated.

2 Answers | Asked in Child Support and Family Law for New York on
Q: Would child support end if my 18-year-old son is working full-time?

My son has recently turned 18 and is working full-time, but he is not contributing to household expenses. We are in New York State. Since there are no existing agreements about his child support ending at 18, would he be considered self-supporting, and would child support obligations end under... View More

Stephen Bilkis
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answered on Jun 21, 2025

It is understandable to want clarity about your financial responsibilities, especially when a child reaches adulthood and begins working. In New York State, child support generally continues until the child turns 21, unless a court determines the child is legally emancipated before that age.... View More

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1 Answer | Asked in Probate, Child Support and Family Law for New Jersey on
Q: Does a NJ probate court order create a civilly enforceable judgment lien?

In 2007, the New Jersey Chancery Probate Court entered an order directing an estate to pay a child support judgment from 1980-82. The order was signed by a judge but not docketed in the NJ civil judgment system, and it doesn’t appear in the public Judgment Lien Search portal. The estate case... View More

Richard Diamond
Richard Diamond
answered on Jun 20, 2025

Im guessing that at the time of the entry of the probate court order, the dollar amount owed for child support was not known so that there was no filing with the judgment section as a judgment. I presume also that at some point after the entry of that order, someone sat down to calculate the amount... View More

3 Answers | Asked in Child Custody, Child Support, Contracts and Family Law for California on
Q: Joint custody issues with transportation and communication for summer visits.

I have joint custody of my child, and I previously handled all transportation because the non-custodial parent didn't have a vehicle. Now that he does, he refuses to pick up our child on his assigned days, citing that he pays child support and won’t change the arrangement unless he is... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 17, 2025

One option would be to seek a downward modification of custody based on his statement that he won't provide transportation unless he can stop paying child support. Court won't be happy to hear that. The other option would be to simply modify your existing orders to include a... View More

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3 Answers | Asked in Child Custody, Child Support, Contracts and Family Law for California on
Q: Joint custody issues with transportation and communication for summer visits.

I have joint custody of my child, and I previously handled all transportation because the non-custodial parent didn't have a vehicle. Now that he does, he refuses to pick up our child on his assigned days, citing that he pays child support and won’t change the arrangement unless he is... View More

James R. Dickinson
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answered on Jun 18, 2025

If your orders don’t specify transportation responsibilities, you can file a request for order in family court to modify the agreement, asking the judge to assign fair transportation duties based on current circumstances. You can present the text messages as evidence of refusal. Courts prioritize... View More

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1 Answer | Asked in Child Support, Business Law and Family Law for Nebraska on
Q: Can personal belongings affect child support obligation in Nebraska?

I am being required to pay child support following papers served from a Nebraska court. I currently reside in Mississippi. The mother of my child claims she will ask the court to make me sell my house and livestock to give half to her for child support. We have never been married and have not been... View More

Julie Fowler
Julie Fowler
answered on Jun 17, 2025

Child support is based off of income, not the value of your personal belongings. However, income for child support purposes is not the same as income for tax purposes. If you are self-employed or the owner of a small business, it is often a lot more complicated than just putting the amount... View More

2 Answers | Asked in Tax Law, Child Support and Family Law for Florida on
Q: Can my husband face arrest for not paying taxes for 10 years as a 1099 employee?

My husband, a commercial over-the-road truck driver, hasn't paid taxes in 10 years and is a 1099 employee. He's received multiple documents from the IRS, but he hasn't made any attempt to resolve the issues. He was paying a substantial amount of child support until last year and paid... View More

William T. Harmon
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answered on Jun 15, 2025

Your husband could face arrest and criminal prosecution for not paying taxes for 10 years as a 1099 employee if the IRS determines his failure was willful and egregious. However, if he voluntarily files his returns and works with the IRS to resolve his liabilities before being notified of a... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: Can I seek back child support in NY after joint custody is granted?

I am a grandparent who has had full custody of my grandchild for the last 14 years. Recently, as of June 2025, the court granted joint custody to the child's father. During the time I had full custody, there was no formal or informal financial support from the father, and no previous child... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2025

The asker cannot recover past child support without a properly entered order of support prepared by a support magistrate. The only way to get child support payments is to file a petition for support now. This is when the order starts to accumulate arrearages if the non-custodial parent fails to pay... View More

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2 Answers | Asked in Child Support and Family Law for Nebraska on
Q: Which state's guidelines apply to my child support payments after the order moved from CA to NE?

I originally had a child support order in California, where payments stop at age 18, but it was moved to Nebraska in 2018, where they stop at 19. The court also adjusted the payment amount when it was moved. Currently, the child resides in Texas. When the time comes, should I follow the original... View More

Julie Fowler
Julie Fowler
answered on Jun 16, 2025

When a child support order is moved from one state to another, you get into a hold set of choice of law rules. Some of the rules of the new state apply and some of the rules of the original state still apply. Generally, the age of majority from the original order stays the same for child support... View More

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2 Answers | Asked in Child Custody, Child Support, Military Law and Family Law for Nebraska on
Q: How can my partner seek visitation rights for his daughter living in Illinois?

My partner was active military when his daughter was born in Iowa. Child support was granted to the mother, but no visitation rights were established. The mother moved to Illinois with their daughter 3 or 4 years ago. He has had minimal communication with the mother, who often stops responding to... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2025

If you want the Court to enter an order of custody and a set parenting time schedule, you generally need to file the original custody action in the county where the minor child is residing. If the child was residing in Nebraska, the general process includes filing the custody action with the... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for Minnesota on
Q: Is an unwed mother in any way obligated to put the biological father on the birth certificate.
Jason Kohlmeyer
Jason Kohlmeyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2025

In Minnesota, an unwed mother is not legally obligated to put the biological father’s name on the birth certificate at the time of the child’s birth.

Under Minnesota Statutes § 144.215, subd. 1, the mother has the right to provide identifying information for the birth record. If the...
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3 Answers | Asked in Appeals / Appellate Law, Child Support, Employment Law and Family Law for Texas on
Q: How can I appeal a child support decision not considering late discovery documents and VA disability?

I am incarcerated and facing child support arrears issues. My attorney informed me on 4/21/25 that my discovery was due by 4/28/25. I sent the required documents by 4/25/25, but my attorney failed to find the email and only tried to submit them on the hearing day. The court didn't allow it,... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

Evidence like your VA disability and financial situation should have been considered in the proceeding determining the amount of child support you were ordered to pay. If that changed in your favor after the child support order was entered, it was incumbent on you to promptly file a motion to... View More

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