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Primary Custody and Child Support

Primary Custody and Child Support

My 18 year old cousin had a two year old child with his 17 year old girlfriend (who are now seperated) and is paying child support; however, she rarely lets him see the child. To add to this she’s having another child that is his. When she told him about the unborn child she informed him that the doctor explained that the baby may have down syndrome. Fortunetly, my cousin decided to speak with the doctor and found that his exgirlfriend was lying to him and in fact his unborn child was very healthy. He thinks she may have said this just to get more money from him. In addition to this, his exgirlfriend does not have a job so I do not understand why she has custody of the child and why he has to pay child support if he should have primary custody of the child. Is there any way he can get primary custody of his 2 yr old and the unborn child when it is born and not have to pay child support? Any help would be helpful. Thank you, Aaron

If your cousin is the biological father, he will have an obligation to support his child until he/she is emancipated or turns 19, whichever first occurs. Obtaining custody is another issue independent of the child support matter.

Child Support Debt and Lien on Housing

Child Support Debt and Lien on Housing

My husband has paid his child support faithfully and on time for 10 years. He recently has gotten a few months behind due to the economy and now his x-wife got an attorney and is threatening us. Question Can she put a lien on our house is the title is in both our names and the loan is in just my husbands? It is currently on the market for sale. Question Can she lien vacant property owned only by my husband? Thanks MH

If your husband is making less money now than he was at the time of the divorce and establishment of the child support amount, he needs to file a motion to modify child support immediately. Any order modifying support is retroactive to the date the motion is filed.

Your husband’s x-wife can obtain a judgment for all unpaid past due child support. She can lien the house since his name is on the title. She can lien vacant land or anything else which is titled in your husband’s name.

Does Pregnancy of Child Affect Support Payments?

Does Pregnancy of Child Affect Support Payments?

My husband is paying child support to his ex-wife for his children, his daughter has recently become pregnant he said he does not have to pay support for her anymore,because she is having a baby, is this true?

No, it is not true unless his daughter has moved out of the house and is now supporting herself. Otherwise, your husband’s obligation continues until she is 19.

Does Alcohol Consumption Affect Visitation Rights?

Does Alcohol Consumption Affect Visitation Rights?

My brother left his wife after 11 years together and 6 years of marriage. He took care of the children at night while she worked. My brother likes to drink occasionally and now she is trying to get where he has to go to rehab and have supervised visitation. He does not drink when he is with the kids. He is not asking to take them overnight just to see them on the weekends. Can she do this? Can she make it court ordered for him to do this in order to see the kids?

It depends on what facts are presented to the judge, if a child custody evaluator has been appointed, and what the child custody evaluator recommends after investigating the allegations. If the court determines that the allegations are true and that the children are not safe around your brother, the Judge can order supervised visits, and alcohol treatment if necessary.

Child Support Modifications, Retroactive Application, and Self-Supporting Child

Child Support Modifications, Retroactive Application, and Self-Supporting Child

Two children, 15 and 19. If a motion to modify child support is filed 6/07, from the Petitioner. How many years would she be allowed to go back? If any, or is it from the time of filing? The petitioner requested 7 years of w2’s to be sent to her personal address? Also, we have a 19 year old who I have requested emancipation for. He failed HS his senior year, should of graduated May of 06, he’s a 5th year senior and is failing classes and attendance of less than a part time student, what is the guidelines? Petitioner does not make 19 accountable for these actions, and can you actual do a parenting plan for a 19 year old who has a job and self-supporting? This case is complicated. Also, the Petitioner only wants to use Fed Tax Income and not her gross, can she do that? Thanks.

It depends on whether or not the parents were married, and certain other facts which will determine whether or not the modification is retroactive to the date of filing or further back. If the parties were never married, and there is no prior support order, then YES the court can order child support retroactive to the date the kids were born. The obligation to pay child support terminates when a child turns 19