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| Adoption Law | Child Custody | Child Support | Divorce Law | Family Law | Marriage Law |
Monthly Support ObligationThe amount of money a non-custodial parent or party is required to pay each month for child and/or spousal support. Question: Can a judge find you in contempt for paying a monthly child support obligation but not the whole amount? I was imputed an income (working with a dirty judge) and when I was unable to pay it ( I paid the amount I had been paying for years but couldn't pay his inputed amount) I was ordered in contempt and given a jail sentence. Mind you he also put me in jail for 2 months that I paid the amount he ordered too! Can I be ordered to jail for not paying the whole amount? Wouldn't it just be added to arrearages? Question: Does the court consider my income when figuring my husband's child support obligation? My husband is to appear in court to modify his child support obligation to his ex-wife. We are supposed to bring W2's and tax returns for the past 3 years with us, along with his current check stubs. Does the court use our combined income to calculate his monthly child support obligation, or do they only use HIS income? I would appreciate any input. Thanks! Question: Childs SSI payments from noncustodial parent for Child support? If a child gets SSI because the non custodial parent is disabled can that count as child support? The amount of SSI the child receives is more than the monthly child support obligation. Question: Pennsylvania Court Orders Sperm Donor to Lesbian Couple to Pay Child Support? A sperm donor who helped a lesbian couple conceive two children is liable for child support under a state appellate court ruling that a legal expert believes might be the first of its kind in the U.S.
A Superior Court panel last week ordered a Dauphin County judge to establish how much Carl L. Frampton Jr. would have to pay to the birth mother of the 8-year-old boy and 7-year-old girl.
"I'm unaware of any other state appellate court that has found that a child has, simultaneously, three adults who are financially obligated to the child's support and are also entitled to visitation," said New York Law School professor Arthur S. Leonard, an expert on sexuality and the law.
But Frampton, 60, of Indiana, Pennsylvania, died suddenly of a stroke in March, leaving lawyers involved in the case with different theories about how his death may affect the precedent-setting case.
Jodilynn Jacob, 33, and Jennifer Lee Shultz-Jacob, 48, moved in together as a couple in 1996, and were granted a civil-union license in Vermont in 2002. In addition to conceiving the two children with the help of Frampton — a longtime friend of Shultz-Jacob's — Jacob also adopted her brother's two older children, now 12 and 13
But the women's relationship fell apart, and Jacob and the children moved out of their Dillsburg, Pennsylvania, home in February 2006.
Shortly afterward, a court awarded her about $1,000 a month in support from Shultz-Jacob. Shultz-Jacob later lost an effort to have the court force Frampton to contribute support — a decision that the Superior Court overturned April 30.
Jacob, who now lives in Harrisburg, said Frampton provided some financial support over the years and gradually took a greater interest in the children.
"Part of the decision came down because he was so involved with them," Jacob said Wednesday. "It wasn't that he went to the (sperm) bank and that was it. They called him Papa."
The process was very informal — Jacob was inseminated at home.
In his written opinion requiring Frampton to help pay for the child's support, Superior Court Judge John T.J. Kelly Jr. noted that Frampton spent thousands of dollars on the children, including purchases of toys and clothing.
The children knew he was their biological father, but Frampton opposed the effort to compel support from him.
"We made the argument that, according to Pennsylvania law as it stands, there can really only be two adult individuals that can be held liable for support in a child-custody case," said Frampton's lawyer, Matthew Aaron Smith.
Shultz-Jacob's lawyer, Heather Z. Reynosa, wants Frampton's support obligation to be made retroactive to when Jacob first filed for support. Frampton's Social Security survivor benefits may also help reduce Shultz-Jacob's monthly obligation.
It is unclear how the child-support guidelines, which assume two parents, will be adapted to account for three parents.
"That's what's going to be interesting, because there's not a whole lot of guidance out there," Reynosa said.
The state Supreme Court is currently considering a similar case, in which a sperm donor wants to enforce a promise made by the mother that he would not have to be involved in the child's life. That biological father was ordered to pay $1,520 in monthly support.
About two-thirds of states have adopted versions of the Uniform Parentage Act that can shield sperm donors from being forced to assume parenting responsibilities. Pennsylvania has no such law.
do you think that's fair? Question: question on my child support? okay i asked before and i have to ask again. im out of work with no income or savings of any kind. i had to report to foc earlier this month on a contempt for support order. i was told to pay $250 that day and $250 on the 23rd of this month. my current wife payed the full $500 in cash and we have the receipt from foc for my records. i got a copy of the order in the mail and it just states what i was told in person. it also states that in addition i will maintain the monthly support obligation of $475. i have been out of work a year now and i always fill out those job logs for foc and fax them over for their records. i have since applied for over 90 jobs in two months time. i also make what ever payments i can for my support with my wifes money. i am doing everything i can do get employment on top of trying my best to cooperate with foc. basically i don't think they even care if im working, they just want the $$ every month. my question is i called foc a few weeks ago and they said they expected that $500 + the $475 this month. that's not what the for case worker told me when i saw her. why the hell would my ex be entitled to over double the support amount this month ? i don't have it, i am flat broke and still looking for work here in michigan. what will happen if i cant make the double payment but i make some kind of payment for next months support ? i mean at least im not a deadbeat that sits on his butt and doesn't pay anything on top of not wanting to work. i cant afford to hire an attorney or i would. i just want to make sure i wont go to jail over this ? i mean can foc change their statements like that ? if they throw me in jail it will only prolong me getting a job and my ex getting child support. im doing my absolute best here !
i guess my question is, what does a person do if he or she cant find work and has zero income to pay ? i mean its not my wifes job to pay my support but she does what she can.
lowering the support wont help if you have no income of any kind. im sick of being called a deadbeat when im doing my best to find work. at least my ex gets something per month. i cant afford an attorney anyways.
yeah but my ex would not be entitled to double the support amount this month either. the only other issue is im 180 miles from the county where this foc case is handled. money is so tight i don't know if i can afford to keep making trips. can the judge actually suspend the support until i find a job ? that would be great ! i know everybody keeps saying get a lawyer but i can't.
mcdonalds wont even pay the damn support besides i already applied there, no luck so far. its easy for people to say just get a job but its a little hard when there isn't any here. im mostly worried about jail here, i don't see why they would do this because i am making an effort. i know of people who are tens of thousands in foc debt and don't do any time. im about $4,000 right now.
are there any attorneys that browse this area ? i need advice and quick !
anymore advice on this issue guys before i close it ? Question: Does VA law require DMV to send notice if your driver's license is suspended for failure to pay child support? A few other questions~~
If you're somewhat behind on child support, can you get your license reinstated (or at least get an occupational drivers license) if you're keeping up on your current payments and making payments towards your arrears?
The reason I ask is because, not long ago, my father became unemployed due to a severe back injury. (He has a minor child with a woman other than my mother.) His disability payments haven't been enough to keep up on his child support obligation. As a result, he is now behind by a little more than $5000. He was recently informed by his insurance company that his driver's license has been suspended due to failure to pay support. However, he never received notice. And he is now worried that he will be unable to get to and from work when he is finally able to resume his regular activities and begin paying the entirety of his monthly support obligation.
Any information and advice will be appreciated.
Thank you. Question: Child Support Modification in New Hampshire - Special Circumstances and Voluntarily Quitting a Job? My ex-husband is trying to modify his child support obligation in the State of New Hampshire. He was employed as a financial consultant and making enough money in "wrap accounts" that his monthly child support obligation was being paid through wage garnishment. He was not going to work since he has behavioral issues and drug/alcohol issues - but his manager was allowing him to not go to work and continued to pay child support via his wrap accounts.
He decided to voluntarily quit his job so he could cash in his retirement account and from the time he quit, child support stopped being paid. He is currently over $20k in arrears.
Now he is filing for child support modification. He says that his only work is cash under the table in the amount of $10/hour and only 30 hours a week.
What are my options for keeping him from being able to modify his monthly child support obligation? I know he won't pay it but I don't think I should allow him to just quit his job and request to pay less in child support. If he didn't quit his job the kids would still be receiving the full child support obligation regardless of whether he went into work or not.
Thank you for you help with this! Question: Arizona tax exemptions laws concerning custody and child support? I have read in the Arizoan child support guidelines taht if a non custodial parent pays more then 50% of the total basic child support obligation that they have a right to claim the equal amount of tax exemption benefits.
FEDERAL TAX EXEMPTION FOR DEPENDENT CHILDREN
In any case in which the current child support obligation is at least $1,200 per year, there
should be an allocation of the federal tax exemptions applicable to the minor children which
as closely as possible approximates the percentages of child support being provided by each
of the parents. If it is determined that a party who is otherwise entitled to the dependency
exemption based upon the above percentages will not derive a tax benefit from claiming the
dependency exemption, the exemption should be allocated to the other party. The allocation
of the exemptions shall be conditioned upon payment by December 31 of the total
court-ordered monthly child support obligation for the current calendar year and any
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court-ordered arrearage payments due during that calendar year for which the exemption is
to be claimed. If these conditions have been met, the custodial parent shall execute the
necessary Internal Revenue Service forms to transfer the exemptions. If the noncustodial
parent has paid the current child support, but has not paid the court-ordered arrearage
payments, the noncustodial parent shall not be entitled to claim the exemption.
EXAMPLE: Noncustodial parent's percentage of gross income is approximately 67% and
custodial parent's percentage is approximately 33%. All payments are current. If there are
three children, the noncustodial parent would be entitled to claim two and the custodial
parent would claim one. If there is only one child, the noncustodial parent would be entitled
to claim the child two out of every three years, and the custodial parent would claim the
child one out of every three years.
For purposes of this section only, a noncustodial parent shall be credited as having paid
child support that has been deducted on or before December 31 pursuant to an order of
assignment if the amount has been received by the court or clearinghouse by January 15 of
the following year.
Does anybody have some insight on this? Doesn't this mean that if I am paying my child support on time, my ex would have to split the tax exemptions fairly with me according to my child support percentage? Question: Is there a way to speed up the process of modifying monthly child support when one child is of age? It has been about 3 months and one of the three children has reached the contractual ending term (A. age B. moved out)
The father is trying to help support this child on their own but cannot continue to do so unless his total monthly support requirement is decreased by some amount.
The mother has received 3 months worth of FULL child support payments while she is not paying anything for the support of the aged child, and this aged child, on their own, is struggling with approaching bills and owed money.
ALSO
The father lives overseas and asks that the elder child take care of all the legalities on his behalf, which begins with completing a Power-of-Attorney process sent through the overseas embassy.
[NOTE: Parents are divorced, have 3 children, all legalities are involved in the state of Virginia, specifically Fairfax County.]
- What is this entire process?
- Is there anyway to speed it up?
(he has a strictly enforced legal obligation to continue payments with serious consequences via the agency)
- Is there ANY WAY to collect past due excess for the months since the child has moved out after changing the amount? Question: Family support for a disabled child being paid to mother in Ontario. Child of the marriage is 24? For someone who is disabled and receiving a disability payment by the government, is 24 and currently living with the mother, what are the obligations of the father who is currently paying a monthly support payment? Are the father's obligations to the mother who is caring for the disabled child over at the age of 24, or do they continue until the disability of the child is resolved (if ever)?
Thank you,
Chuck Question: Child support and garnishments..............? I have 2 questions. Let me start off by saying that I am the noncustodial parent, but due to economic hardships, my current child support monthly payment has been reduced to zero (not by my doing). First question is this. My wife will be receiving a workers comp settlement for a back injury sometime in the near future. Will child support attach that as part of my income (as we are married)? I don't think they will, but I want another opinion. My second question is will child support garnish my bank account that is set up solely for receiving student financial aid? I am a full time student, and my grants, loans and any other college aid will be directly deposited into this student account. These deposits will be lump sum payments, for the purpose of funding my educational expenses. I know that CA child support services is supposed to intercept 25% of any settlement or lump sum payment I receive (such as lottery winnings or cash winnings). I am not a dead beat dad who is trying to get out of my child support obligations, so keep that opinion to yourself when answering. Just another victim of a bad economy.
Let me clarify something. My child support is set at ZERO! This was done by child support services, not me. The economy is bad everywhere, so I am going to school to better my families future. We are not on state assistance, so your tax dollars are NOT paying for my kids. Keep reading until you figure out what I am saying.
By the way, I am paid up to date, and I have NO AREARS......................... Question: Child support question? My wife's ex is attempting to reduces his childsupport based on his loss of overtime at work due to current economic conditions. He is seeking less monthly support AND a "credit" (ie no support) the month of July when the kids are with him for his summer visitation. I don't agree. (let him go deliver pizza if he needs to support his obligations) Any thoughts or comments would be great Question: child support? so dna results just indicated that i am the father of a little girl. I live in Mississippi, am 18, make about 800 a month, does anybody have an idea of what my monthly obligation might be toward child support? Question: Will Credit for another child be retroactive in determining a new child support amount? Here are the facts:
All parties live in Virginia.
In the Code of Virginia--A basic support obligation is calculated using combined gross monthly income and number of children for whom the parents share joint legal responsibility and for whom support is being sought.
When obligation was set, custodial parent was not working. Only noncustodial parents income was considered when setting the amount. It also appears to be based $2 higher than what custodial parent earned per hour then, and is $1 more per hour than what noncustodial parent earns now.
The noncustodial parent was assessed 100% of the obligation for the two children.
Since the original order 1997, a child was born to the noncustodial parent in 2000. The case has never been reviewed or adjusted.
The custodial parent has worked since 2000, and is working now. Possibly making more money than noncustodial, and has had no new children.
I was informed that when determining child support obligations, other children in the home, that the noncustodial parent are responsible for, are considered, and the noncustodial parent is given "credit" for the other child.
I know that sometimes retroactive child support can be ordered, that is that the noncustodial parent is ordered to pay child support from the time the parents separate, not just from the date the order is set.
Will or Can the credit the noncustodial parent receives go back to the year the child was born, or will it only affect the amount paid from the date the Motion to Amend or Review is ordered.
I am just wondering because some I know has been put through the ringer the last few years, and everytime he falls a little behind, she takes him to court, and the Judge orders him to pay a large lump sum, and he has even been to jail because he could not come up with the amount required. Which did nothing but make him fall even more behind, and be away from his child. The monthly amount has never changed, he has never filed for a reduction before, and his child is 8 years old.
The odd thing is she has never tried to file for an increase either, makes me wonder if she knows it will possibly be reduced when the fact that she is working, and that the noncustodial parent has had another child is considered. Your opinion please. Question: My ex-husband is 1/8 American Indian. He receives a monthly per-capita payment but refuses to pay support.? He is an enrolled Tribal member and has an anual income of aprox. 500,000.00. The Tribe is aware of his negligence but refuse any assistance. How can I collect on this past due obligation of about 200,000.00? Dept. of child support has no services available. Private attorneys have no ability either. What can I do to change this, and finally collect what he owes to me? Question: Virginia Child Support Increase, Military family in Jeopardy? My husband has been paying child support for his five year old girl every month, on time for the past five years. We recently recieved a review in which everything was the same as the last review, except that we have another child. We get the support order and the child support has more than doubled! Not only that, but the child should now be in school and the mother is claiming over $500 in child care costs per month. We have no means to pay this new amount, let alone the $1400 they are saying we owe in back child support for six months when they are saying the review was supposedly put in (mind you, we did not recieve any information until June, 2009 and they say we owe back to feb) I have three children of my own, only one of which is in school. i could get a part-time job to pay the difference of what he owes, but then I would have to put my two younger children in childcare which would cost more than I would be making. My husband is in the military, and he is using all of the resources available to him to get whatever money we can to take care of our family right now.
The division of child support is telling him that if he does not pay the back child support in six months, as well as still paying his monthly obligation, then they will take away his driver's liscense, in retrospect, this will get him in trouble with his chain of command and he could possibly get kicked out of the Army. He has already put in an appeal, and the outcome was that the amount is "reasonable." My husband is a great father to all of his children and every time he contacts the Division of Child Support enforcement he is treated like a criminal. He and the mother were in a casual relationship and never married, and she has even stated herself that he is not a bad guy. She is also not a single mother, she is married and happy and the husband seems to really care for her and the child. So this is not one of the typical father walking away from the mother and baby type deal. They dated, she went back to her ex-boyfriend, found out she was pregnant, and then took him to court after the baby was born (yes, he has had a paternity test done.)
Here are my questions now that you know the issue we are facing...
1.) Is there another way, besides through the division of child support to handle this situation?
2.) Since we can not afford a lawyer, is there any way we can get representation in court for free or very reduced amount?
3.) Is there any way for us to request proof of her child care costs? (the agency refuses to help my husband in any way at all)
Those are my main questions, but any other information or advice will be really appreciated, i have already had to cut off my TV and Cell phone, and I am only keeping internet so I have some way to be contacted by our friends and family. We can barely afford food right now, but we are getting help with that through the military. And luckily have a roof over our head for "free" Thanks for any information anyone can give us. Question: Terminating Child Support? My ex wife agreed and signed to have my support obligation terminated last year. I still owed some money to her which I agreed to pay in monthly installments. My financial status has changed and she is demanding it all at once. She has threatened to have Child Support reinstated. Can she do that after the court approved the termination? Question: Thinking about crossing over from guard to active duty.? I have been in the Texas Army Guard for a year and a half. Since I have returned from BCT & AIT, I have not been able to obtain full time employment. This has presented a problems for me since I have a court order to pay child support and I am now in the rears. A little $ is garnished from my drill pay, plus I send in a little $ that I received from my G.I. Bill each month. However, this doesn't cover the total cost of my monthly child support obligation. So, my question is, if I were to cross over to the active duty side, how will this effect my schooling and will my active duty pay be negated due to the $ I am court ordered to pay & inadditon to the rears? Also, I learned that while I was alway on active duty for training, I was suppose to receive partial BAH, but an error in paper work prevented me from receiving payments. Henceforth, I am still awaiting back pay after submitting all of my documents of court order to pay child support & a divorce decree. Once again, does anyone have any advice or any recommendations for as how I would fair should I cross over to the active duty side? I have got to do something for not finding employment does not get me off the hook from paying child support. Or should I just stick it out, forget about school and pound the pavement for work? Any constructive advice would greatly help. Question: Ex-husbands child support was calculated using wrong amounts three years ago, and now they want to change it!? Apparently, during our divorce, the financials on my ex-husband were filled out wrong. They figured it on his gross income with no deductions. We are currently in a modification of custody, and his attorney has caught the originall mistake and is trying to modify the child support obligation. Not only that, his income has gone down slightly. This will take me about $900 monthly, to $300 monthly. Is this really allowable? I have grown accustomed to the $900 and need it for my monthly expenses. He has been able to make the larger payment this entire time, and I don't see why he can't continue. Can they really order me to get $600 less a month because of a mistake made three years ago? And can I fight it and force him to pay the original amount?
the reason i need the 900 is because i am not working at this time. would a judge take that into account? Question: Filed Chapter 13 and still can't meet debts due to excessive family support obligations, What can I do? 5 years ago I went thru a very expensive and nasty separation and divorce, at the time I had a thriving business and a good income. Now, I only make a fraction of what I used to. I ended up losing everything and was forced into Chapter 13. Then, I was pushed into signing a family support agreement that I could not afford.Everyone keeps basing everything on my past income. My family support is $2,700.00 monthly and my bankruptcy payment is currently at $500.00 monthly and is getting ready to increase to $1,430.00 monthly next month. I have not been able to pay Federal Income tax for the last 3 years even though I have filed the returns. I am really struggling to keep up the payments at even the $500.00 amount to the Bankruptcy court, let alone have it go to $1,430.00 a month. I hardly have anything left and can barely make ends meet. What can I do to get some help? I currently have a bankruptcy attorney, but with the economy, my wages have continued to go down. I just can't afford to pay out over $4,100.00 monthly BEFORE I pay any of my other bills for insurance, housing, food, ETC. I am trying to do the right thing and take care of my family obligations but it is getting to be too much on me and I can't keep up this pace, just not enough money to go around. Any good advice out there?
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