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Daughter's father lives in California does not pay his child support through Child Support Enforcement they set up a meeting for him I want to know what's going to happen from here on out
The Division of Child Support Enforcement or (DCSE) will typical schedule an administrative hearing for him. This means they will send him a letter and ask him to come and provide is pay information with the hopes of establishing an administrative child support order. Now this will in some ways be as powerful as a court order in that they could garnish his paycheck to collect the funds. However, he could choose to not go or not cooperate which would force DCSE or you to initiate a petition for support in the Juvenile and Domestic Relations district court or the equivalent court in California. So to answer your question, for here, just wait to see if DCSE can acquire his information and establish support for your child.See question
My husband and I were arguing the other day and he hit me. I did not hit him. There are no marks on my body. If I were to file for divorce, would it be possible to have him pay all the lawyer and court fees, as well as the cost of the wedding (we...
There are multiple issues in your fact scenario in both civil and criminal court. If your husband "hit" you then there is a potential for criminal charges or protective orders to be taken; however, it sounds as though you are not in fear of any harm from your husband, rather you desire to use this fact in your divorce proceeding. It is true that physical abuse is a ground for divorce; however, this does not guarantee that he will pay your legal fees or spousal support. There are enumerated factors in the Code that the Court will consider in determining whether a spousal support order is warranted. I would suggest sitting down with an attorney to discuss the divorce process. With a marriage of less than one year, establishing some basis for support may be difficult. With regard to the wedding cost, the Court will not entertain the cost of your wedding as an injury that you should be compensated for, however, joint debts in whatever form may be considered in when it comes to dividing up your property interests.See question
I hirer a dj to play at a lounge i promote at. He claim i walked up to him at the end of the night,told him i didnt have his money and he told me dont call him anymore.He said i turnt like i was going to walk away then spun around and hit him in t...
While I do agree with the previous attorneys about not discussing your case in a public format, I do suggest scheduling an appointment with an attorney to discuss this further. I would be curious to read the statements made by these witnesses and if they could clearly identify the true culprit.See question
with a written notice and dates and way to get in contact with the kids... also only 4 hours away
If there is no Custody order in place then the Father and Mother have equal rights and privileges to travel with the child. The problems arise when the parties disagree that is why working this out in advance is wise.See question
I was recently awarded sole physical and legal custody of my daughter. My current child support obligation is null since I am now the custodial parent. My problem is a $11,000 arrearage that is still being collected by my local DCSE. I have tried ...
Well, there are a couple issues in your situation. Child support does not automatically terminate when you are awarded custody. So my first question is whether you filed to terminate your previous child support order and more importantly change the order to award you child support. Next, the arrearage issue. This amount will survive until it is paid and DCSE will collect it from you as long as their is an open case. I can also understand your difficulty in dealing with DCSE, there is an unfortunate bais against fathers. Therefore, I believe your solution would be to file directly with the Court to modify the existing child support order. Since you would be awarded something per month with would assist you in paying down the past due amount you owe her. With regard to "under-reporting" income, this is always a key concern in child support cases. You need to have your attorney issue discovery to request paystubs, tax returns, bank account information to attempt to assess her income. Therefore I would strongly recommend hiring counsel to assist you.See question
Trying to stop my ex from moving from Virginia to California with my 10 year old daughter. Can make substantial monthly payments.
Relocation case can be difficult on both parents. The parent relocating must show that the move itself has some independent benefit to the child, not just to the parent. In addition, if there is an existing visitation order in place the relocating parent will have to address how the move is going to affect your contact with the child. Therefore, I would advise to consult with an attorney to assist you in addressing your concerns and see what options you may have.See question
My girlfriend just got arrested right before the holidays for a probation violation that is mostly just a huge mistake. The court hasn't appointed her an attorney yet and we are trying to get her bond hearing as soon as possible so that she can po...
There is no special rule that probation violations do not get bond. However, if you are facing allegations of not following the Court's requirements under probation, it can be a difficult argument to make for bond. Every case is unique and I would advise you to consult with an attorney to discuss the particulars of her case and to consider their assistance.See question
Went to court for modification, he said as we left court he lied instead of making 11 an hour he makes 27.....what can I do???
If you disagree with the outcome, you may have certain appeal rights. I am not sure of the details of your hearing but if you were in the juvenile & domestic relations court, then you would have 10 days from that hearing to file an appeal to the Circuit Court. In addition, you should consider hiring an attorney to look into the possibility of issuing discovery to attempt to uncover his actual income.See question
My wife is filing for divorce. She is employed and I am unemployed. She bought a house last year that we live in with our son. My name isn't on the paperwork. I also have background issues.
Any time I hear "background issues," I tend to get worried. You probably need to sit down and discuss what these are. Setting that aside, I can tell you that she cannot kick you out of the house. Based on her working and you are not, you might actually get some spousal support from her. Also if she is working full-time, you may very well be the primary custodial parent, so when SHE is asked to leave the property, you may get child support too. But again the "background" issue really concern me, we would really need to sit down and discuss your options.See question
We have been separated since February. She did something that I can't forgive. Not adultery. That would be easier to handle. It's not a legal separation. Now she has been admitted to the hospital by the police for a mental evaluation. What should ...
Well, it sounds like you might be legally separated if you have been truly living separate and apart. In VA, you need to be separate and apart for one year. There are exceptions to that if there are no minor children and you have a written separation agreement; however, with her in a mental hospital, I doubt you will be able to acquire a valid separation agreement. So where do you go from here? I suggest meeting with a local divorce attorney and discuss your plans for February. Should she be still hospitalized or determined to suffer some mental disability, the Court may have to appoint a guardian to represent her, which is more cost to you. Yes, you have to pay for her attorney. That is why I hope for you sake, she is not under some sort of disability. Maybe over the next few months she can be rehabilitated enough that you could work out a separation agreement and ultimately an uncontested divorce; but this will require the assistance of an attorney to help you through the process.See question