Live in a different state as my children and I'm a house wife so I don't pay child support how will this affect me ?
I agree with Attorney Alexander. Don't ignore your child support obligations. Ignoring making the payments will have significant monetary consequences as stated. If you need to modify child custody, explore that option and all other options that may be available to help reduce or terminate support.See question
I recently had a Child Support Modification hearing in California, because I lost my job. I had no income and ex-wife didn't have an income either. The judge ordered us both to look for a job and to continue the hearing in November. He said once w...
File a timely income and expense declaration, and make sure it is served on the parties. Make sure to attach evidence of the income, and block out sensitive social security information, etc. The self-help center may be an option to help, and you can also look at the judicial council forms on the court's website.See question
In 2015 I spanked my 10 year son and left some marks. I was tried for this and was sentenced with a restraining order for 1 year. Since then I have complied with the court order. Granted this was my 1st offense. The restraining order has been lift...
Ex parte hearings can be difficult to attend due to the notice that is generally given the day before court, and people may be engaged in activities they can't get out of, etc. The hearing will provide an opportunity for due process to communicate your position. You should evaluate what needs to be filed on your behalf in anticipation of the court date. Also, you may need to file a request for order seeking relief that you want the court to consider. Since you have complied with the court order, consider establishing a reunification plan. 50/50 custody may not be an option right away, but explore what will be in the best interest of the children.See question
Curently child support is based on judgement. I want to have it based on actual time spent with our child. He has not seen her in a couple of months and he is very inconsistent with his parenting time. i have also had to get on the county. He bro...
If the Department of Child Support Services warned him that support could go up, that certainly is a favorable fact for your position. Based on the information provided, it appears there is a change of circumstances to justify a modification of child support. Although a court order may state 50/50 custody, the court can look to the actual time the parents spend with the children for purposes of child support. Think about the evidence you will need to establish your position.See question
My daughters father and I separated 2 years ago and he doesn't make an effort to see my daughter or help me financially. I decided to file custody papers recently and I feel nervous about possible outcomes.
Although the judge can grant custody to the father when he lives in a different county, that may not happen right away since it has been two years since he has seen the child. The court could order that reunification therapy be completed. Also, the court could order supervised visits to the father. If you asked for child support, you can anticipate that he will fight for custody to help lower his child support obligation. Perhaps he will finally step up and be a good father to his child. Consider having at least a limited scope attorney to represent you at court.See question
The mother hasn't followed any court orders at all. None at all. And i legally can see my son every weekend and vacation but the mother won't follow the court orders.
I agree with Attorney Routledge. I would like to add that taking prompt action with the court is critical. It is not a good idea to sit around and not file anything with the court to assert your rights. It's unfortunate when parents have to file when there are court orders in place, but action is necessary.See question
We won soul and physical custody but mother who lost custody. Is still trying to fight for her rights of visitations but has not complete or done anything the judge has asked in order to get her visits. But keeps taking us to court on and off an...
The court will require her to complete the conditions that are ordered before custody and visitation can be changed or modified. Family law litigants can file for multiple court dates for many reasons based on the best interest of the child or whatever they come up with. Family law is one of those areas of the law that can be highly litigious if certain people are like that. Ultimately, it is possible for the court to declare her a vexatious litigant, which would require her to get permission from the court before filing with the court.See question
I wanted to know if the father of my son can get visitation he has never seen my son he 10 years old he has my husbands last name he never wanted me to have my son in the first place but recently he was court ordered to pay child support and now h...
He could obtain visitation, but it may require therapy first and a slow reunification process. This is often seen when one parent seeks child support, and the non custodial parent seeks to obtain more time in an effort to lower the child support obligation. Consult with a family law attorney.See question
My ex and I have been battling a divorce for the last 4 yrs. We finally got divorced last month, after I got served that he wants to terminate my spousal support after 4 years, now just last week he put a temporary restraining order on me and tomo...
He can make the request to terminate spousal support, but the judge will decide whether to terminate it or not since you oppose his request. Terminating support depends on the length of the marriage along with other factors. Four years may be half the length of a short term marriage, but more facts are required to determine these issues. Since the case has been to court a couple times, it is unlikely the court will continue the spousal support issue. However, the court may grant a continuance on the new issue of the restraining order. The court may continue both issues. It doesn't hurt to make the request since the judge could grant it or deny the request and move forward tomorrow.See question
I am filing for custody of my daughter we have mediation coming up but her father refuses to go to court
He will most likely file to modify the orders the court makes if he's not at the hearing. I suspect the court may continue or delay the proceedings once if he doesn't appear. The court might make temporary orders until the next date. However, it sounds like you have specific evidence that he won't appear, and if that information is communicated to the judge, the court may proceed without him being present. If the case is in Norwalk, one of the judges would probably not continue while the other two may grant one. You will get court orders whether it's on the first or second court date. If the dad is ordered to pay child support and his paycheck is attached with a wage assignment, he will probably file to get back into court for another hearing, but that doesn't necessarily mean he will prevail.See question