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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> arrears
Oct 13
2009

Ask A Lawyer: Can I Appeal A Court Decision With New Evidence?

Posted by pmcmahon in Legal Strategy , Cordell Cordell, PC , Claudia Weaver , Child Support , Ask A Lawyer , arrears , arrearages

Question:

I have just been to court for claimed arrearages and represented myself pro-se. I feel I prepared myself as much as possible, but can’t help feeling intimidated by the courts. I haven’t received the outcome yet, but my ex is trying to claim that while 1 of our 2 children have lived with each of us that she is still entitled to support and is asking in excess of 13k for back support. If I lose this case, will I have the option of appealing the decision and will it be alright to retain a lawyer this time? I am also curious if in the appeal only the previous evidence can be used by both sides or can more evidence be introduced to disclaim her requests for support.

 

Oct 13
2009

Ask A Lawyer: Can I Get Child Support Modified When In Arrears?

Posted by pmcmahon in Richard Coffee , Modification , DNA , Cordell Cordell, PC , child support arrearage , Child Support , Ask A Lawyer , arrears

Question:

I have the results of a recent DNA test, and I am not the biological father. Can I file a motion to modify a child support order if I am in arrears?

Oct 08
2009

Ask A Lawyer: How Does Bankruptcy Affect Child Support In Arrears?

Posted by pmcmahon in Erik Carter , Cordell Cordell, PC , Child Support , Ask A Lawyer , arrears , arrearage of child support

I filed Chapter 13 bankruptcy about 1 1/2 years ago, and both of the children I was paying child support for have since been emancipated. I still owe arrears on my child support, and there is a repayment order on one case but none on the other case.  I am married now and have two small children at home which add to my financial concerns.  Since I filed for bankruptcy, things have gotten increasingly more difficult financially and it has become increasingly harder for me to support my family.

 

My questions are:

1) Can I request that the orders on arrears be terminated until after my bankruptcy is completed?

2) Can I have the orders reduced since I am married and have two small children at home?

3) What is the likelihood that the motion will be granted (in your opinion)?

May 08
2009

Ask A Lawyer: I Am Currently In Arrears, Any Advice?

Posted by pmcmahon in Richard Coffee , emancipation , Cordell Cordell, PC , child suport , Ask A Lawyer , arrears

Question:

In 2002 I was approached by a man stating that his daughter could possibly be my daughter. I then searched this mother and daughter down and ordered a DNA test.  The child is 13 yrs of age at this time. Results came back that I was the father.

I then tried to build a relationship with this child by spending countless hours with her. I also gave the child and her mother money and support. Then in 2006 the other guy filed to vacate child support that he was ordered to pay since 1990. I signed acknowledgement of paternity in 2006. I was then ordered to pay support back until date of DNA results 2002. This shows me in arrears and they recently froze my bank account. The arrears add up to $18,000 plus interest. The child is now 20yrs old and has two kids. She now lives in public housing away from her mother but yet I'm still paying the mom.

It's not that I was or am trying to get out of helping the child out, but had I known this from the start I wouldn't be in this predicament. It's not my fault that this woman couldn't or didn't want to figure out who the father was.  Any advice?

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