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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> Child Support

Ask a Lawyer: Garnishment

Nov 29, 1999

Question:

My salary was garnished for alimony. I would rather send a payment to the state myself since my employer charges a fee. What is involved in getting this changed?

Answer:

I am not licensed in Missouri. However, some states mandate that child support or alimony be paid via an income withholding order (garnishment). In other words, it may be state law and you may not be able to modify it. However, consult an attorney in Missouri to determine if the court has discretion in this area.

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Ask a Lawyer: Money owed by mom dependant on visitation?

Nov 29, 1999

Question:

I have a parenting plan and a child support agreement through the Missouri courts (I live in VA). My daughter's mother is required to pay 1/2 of plane tickets and 1/2 of her health insurance premiums (as stated in the child support agreement). I did not exercise all of my parenting time as set forth in the parenting plan because of school schedules and child care issues. Now my daughter's mother is refusing to pay for the health insurance and the last plane ticket because she says that she incurred child care expenses during my parenting time and that I am responsible for these. Is this true or is she responsible for any child care costs incurred while my daughter is with her as well as the costs that are spelled out in our court agreements. Of note, I do pay her child support and I do have her for 2 months of the summer (and still pay the child support for those months). My understanding is that they are 2 completely separate judgments and are upheld separately.

Answer:

I am not licensed in Missouri. However, I cannot imagine that Mother can unilaterally decide what she will or will not pay. If the court order is for her to pay 1/2 of health insurance and plane fare then she is obligated to do so unless a court ordered states otherwise. This does not mean that she cannot ask for reimbursement of her childcare costs during your parenting time. However, the cost of daycare may be offset by the money she saved by not having to purchase a plane ticket. Also, by the full support you paid during the 2 months your child was with you. This assumes, however, that you were entitled to abatement (reduction) during this time. I advise that you have an attorney in Missouri look over your Decree and determine who owes who.

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Ask a Lawyer: Dual Income?

Nov 29, 1999

Question:

For the past six years...up until March of '07, I was a Real Estate agent. Due to market conditions (like not getting a paycheck for 8 months) I started a new career. I have retained my license and have earned approx. $4k working with select clients. My yearly salary in my new job is 85K. We have agreed to approx. 20% parental time. My spouse is asking for $2,150 in Child Support (2 children). Their current income is 40k. My spouse

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Ask a Lawyer: how much money for one child ?

Nov 29, 1999

Question:

I am thinking about filing for divorce. I have one child who is three years old. His mother has no job. My income is about $40,000. I will try to win custody of the child. If I don't and my wife does how much money on average do I have to pay for child support?

Answer:

I am not licensed in Michigan. Every state calculates support differently. I recommend utilizing the online calculators found of the dadsdivorce.com site. Some states base support on % of income. Others use an income share model including both parties

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Ask a Lawyer: stop child support

Nov 29, 1999

Question:

Do I still have to pay child support if my 17-year-old dropped out of school a year ago?

Answer:

I am not licensed in Kentucky. Every state will have different laws with regard to support and emancipation. There will be circumstances under which you can emancipate your child and terminate you support obligation. Whether your child is in school may be one factor used in emancipating him or her. Other factors may be: whether the child is living with the custodial parent and whether your child is employed or capable of self support. The specific factors and age at which a child may be emancipate will vary from state to state. It is important that you contact an attorney in Kentucky to determine the law of that state.

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