Have a Question?

Visit our Q&A page and Get Answers.

Q&A Archives

Questions

Modify Child Support

Modify Child Support

My ex wife and I divorced in 2012. It is now 2016. She has chosen to cut down from a full time employee to a part time employee. Can she modify child support for that reason? It was her decision to work less. Our children that we have together are 9 years old and 12 years old.

No. If she voluntarily becomes under employed, full time wages will still be imputed to her. If she gets fired or laid off, and couldn’t find another full time job, she might be able to modify the child support.

Who Owns the House?

Who Owns the House?

My girlfriend lives with me for 3 years and the house is in my name and her name isn’t on any of the paperwork. I have asked her to leave and she said it is her house too. Is this a true statement.

If you are the only person named on the Deed, the house is yours, not hers.

Nonpayment of Court Ordered Medical Expenses

Nonpayment of Court Ordered Medical Expenses

My ex-husband and I have the same income level, so we do not have a court order to pay each other any child support. However our divorce decree states that we will split the medical insurance, medical bills, school fees and agreed upon sports expenses 50/50. I am the main insured adult on the insurance policy for the 3 boys, and due to that fact, I also receive all of the medical bills since I am the responsible party. My x husband owes me $912 from LAST year’s medical bills that he refuses to pay. That being said, I continue to pay all of the medical expenses in 2016 for insurance and medical bills so the total is growing. It’s not the amount he disagrees with, he doesn’t want to pay the entire amount because I was re-married in October of last year and he feels that since my new husband is very successful, that I now should pay for more than 50% of the children’s expenses. How do I force him to pay for his half of his own children’s expenses as they are outlined in the divorce decree? Keep in mind that my ex-husband earns well over $100K a year, so it’s not a lack of funds that keeps him from paying.

If the Court Order requires your x-husband to pay 1/2 of various expenses, and he is not doing so, you have two choices: (1.) File a contempt citation against him for failure to pay or (2.) File a motion for entry of judgment and garnish his wages.

Claiming Children on Taxes

Claiming Children on Taxes

A mother and biological father share custody of a 13 year old. The step dad (no longer married to the mother) has been awarded rights as a psychological parent . The step dad and mother each pay for all of the child’s activities and medical bills. However, the step dad does NOT pay child support. The biological father pays child support but not on a regular basis and is always in arrears. In accordance with the court order, the step dad has equal parental rights as the mother and biological father, but because he isn’t ordered to pay child support, he cannot claim the child as a dependent, medical bills or any activities on his taxes. Can the step dad have the order modified to show that he is obligated to pay child support (and actually pays it) in order to claim the child on taxes?

If there is no legal obligation to pay child support, the Court will not enter an Order re same.

Child Support in Arrears

Child Support in Arrears

My ex tried to pay all back child support on December 31 but as of January the Family Support registry shows he is still in arrears. SInce they didn’t recieve the money till January 4 they applied the money to the current month which then showed him in arrears still. Does this disqualify my ex from claiming our son on tax exemption this year?

The statute is vague as to the date the arrearage needs to be paid to qualify for the dependency exemption for a particular year. However, if he catches up prior to the time that you file your taxes, he would most likely still be entitled to the dependency exemption for 2015.