LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Lisa,

The answer to your question is a complicated one. Please visit this link to learn more about disability benefits and child support.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

In the state of Alabama, if the non-custodial parent get on disability is he still responsible for paying his child support, or is the money that goes to the child that the government pays considered his payment?

-- Contributed by: Lisa

Ashley,

Your husband has a legal obligation to support his child. He may choose to make child support payments before the Court issues a support order. If you want him to pay from the date of separation, you will need to ask for this provision. This article will provide you with information about retroactive child support payments.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My Ex and I have been separated for 4 months. Our divorce is filed, I am waiting on him to respond to the court. Is he legally supposed to be paying be some kind of child support for our 2 year old? Or does he only have to "legally" pay when the court decides the child support?

-- Contributed by: Ashley H.

Lou,

It would depend on whether your agreement covers tuition and on where you live. Please consult an attorney to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I live in Ga and my ex live in NY. I receive a disability pension, my question is: could my pension be garnished for college tuition? I pay child support every month and is not able to pay tuition.

-- Contributed by: Lou

Jenny,

In California, the level of child support paid is calculated based on the biological parents' income only. If your boyfriend is unable to pay his child support due to a change in cir...stances, he can apply to have the amount reduced. A lawyer can explain the procedure involved to do this.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My boyfriend and I are thinking about marriage, but he has 2 kids from 2 separate marriages and owes child support on both of those which he cannot afford to pay. One is in CA where we live and the other is in IL. Will I be affected by this if I keep his name off of all of my bank accounts?

-- Contributed by: Jenny

I live in California and I am a non-custodial parent. If I remarry can the custodial parent refile for child support and use my wifes income as a factor for child support?

-- Contributed by: Michael

Ann: In many jurisdictions, remarriage doesn't affect the amount of child support paid, unless the new spouse also adopts the children. Please consult with an attorney to find out how remarriage will affect your situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I live in Florida and am receiving child support from my ex-husband. My question is this: If I get remarried, will it affect the amount of child support that I now receive? Can he petition to stop paying child support?

-- Contributed by: Ann

Debbie,

You may still need to pay child support for a child over the age of 18, depending on the laws of the state where you live. Even if you are not obligated to continue to pay support by law, you may choose to do so.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Do you still have to pay child support when the child is attending college and how does that work?

-- Contributed by: Debbie

Tracy,

Child support is determined as part of your divorce agreement. The level of support will be determined depending on where you file for divorce. If you want to file for divorce after you move to another state, you may be required to wait until you fulfil a residency requirement before you are able to start the process to end your marriage.

If you are not sure what you want and he won't go for counseling, you might find it helpful to go on your own. That way, you can sort out your feelings about whether you want to end your marriage and how to tell your husband that you want to leave.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I found out about a year ago that my husband had an affair on me for 3 years with his boss. He no longer works there but I am contemplating leaving and taking our 12 year old daughter with me. I move to another state, so how does the court determine child support? By the state I live in or the state he lives in? I have tried to talk about going to conseling and he wont go. What rights do I have?

-- Contributed by: Tracy

Liz, If you want to have the amount of child support changed, you will have to go to court. The OCSE only deals with the orders as written.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Stacy,

Child support and visitation are two separate issues. If the custodial parent frustrates the non-custodial parent's access to the child, then it may be grounds for changing the custody arrangement. The non-custodial parent should consult a lawyer to get advice in this type of situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

If a non-costodial parent (father) is ordered to pay child support and is paying on time and is not behind on support. How much right does tht parent have to see the child? Can the mother deprive that child from the father? How would the father go about seeing the child? Is it true that if a father is not the custodial parent that he has 6 weeks out of the year by law to see the child if he is order to pay support and is paying every week? And if so how can you enforce that, if the custodial parent (mother) is not allowing that to happen?

-- Contributed by: Stacy

Katina,

In Arizona, a new spouse's income is not considered income of the parent ordered to pay child support. Whether your husband is a stay at home dad or not, he still has a legal duty to support his other child and make the child support payments as ordered.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My husband owes child support from a pervious relationship in IL. He's a stay at home dad for our 2 children in AZ. Because we are married, can my wages be garnished?

-- Contributed by: Katina

James,

In some states, the age of majority is higher than 18 years of age, and if you have been ordered to make payments until your child reaches the age of majority, then that may explain it. Here is a link listing the age of majority by state: http://64.233.167.104/search?q=cache:Jy-sFoA0r8QJ:www.defenselink.mil/COMPTROLLER/FMR/07b/07b_appendix_h.pdf+%22age+of+majority%22+%2B+state&hl=en&ct=clnk&cd=2&gl=ca&client=firefox-a. If you live in a state where the age of majority is 18 and you are still making payments, I would contact the Court Clerk's office where the order was issued to try to get this matter cleared up.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I don't understand why am I still made to pay child support for 18 year old daughter, she is not in college nor disable

-- Contributed by: james lovelady
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