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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 >> child suport
May 14
2009

Ask A Lawyer: Can I Get My Overpayment On Child Support Back?

Posted by pmcmahon in Richard Coffee , overpaid support , overpaid child support , Cordell Cordell, PC , child suport , Ask A Lawyer

Question:

I have been divorced for 16 years and pay $800 a month for child support. I just realized I have been paying too much. I write my "x" a $400 check every two weeks when I get paid and have been doing that since day one and never missed a single payment. The problem is I should only be paying $9,600 a year and have been paying $10,400 a year.

I have 5 months left until I am done with payments due to my daughter graduating high school. I know if I were paying too little I would have to make it up in arrears. I want to get that overpayment back. Can I do that?

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?

Feb 24
2009

Ask A Lawyer: Pay More Because She Quit Her Job?

Posted by Rick Ortiz in Spencer Williams , employment , Cordell Cordell, PC , child suport , Ask A Lawyer


Question:

When my ex-wife and I divorced we were awarded 50/50 custody and I was to provide $25/wk child support in good faith as we both made $70/k per year.

In that time I have always provided whatever is necessary for my son when he is with me. During the last year my ex has quit her job making $70K and took on a part time job which she lost as well a couple months back.

She is now taking me back to court to modify the child support because she has chosen not to go back to work full time. She has a part time job at Jimmy John's. Based on her decision to not work full time is it my responsibility to now be forced to pay more child support even though I have my son 50% of the time?

My son is going to be 13 in May and is in the 7th grade. I know for a fact it is due to her alcoholism and I am frustrated at the fact that I don't mind paying for whatever my son needs when he is with me however it was my ex's choice to change her life. While we were married she worked 80+ hours a week, but maybe that was because she was having an affair with her boss. I just want to know if it is now up to me to supplement her financially.

Sep 07
2003

Ask a Lawyer: moved to kansas

Posted by Dads Divorce in TX , Maintenance , disability , Child Support , child suport , Ask A Lawyer

Question:

Because of my illness i moved from texas back to my home state of kansas where my mother lives also because of my illness i havent paid the child support ordered in texas i have filed for disability but no news yet on that any suggestions or what should i do?

Answer:

First let me say I am not licensed to practice law in Texas. You need to contact a lawyer in Texas to make sure you follow the correct procedures for that state. I would recommend that you file a petition to modify child support based on your pending disability claim. It is important to file the petition to put the court on notice that you need to modify your support. It also notifies the court that you have not merely chosen to stop paying support. If you qualify for a modification or reduction in support you want that reduction to begin as soon as possible. In some states a modification only goes back to the date you file your petition. If you do qualify for disability, your children may also qualify for disability. If this is the case then the payment they receive from your account may be credited toward your child support. Regardless, there needs to be a modification in your support. Only a court order can modify support. Contact an attorney in Texas to determine the exact requirements to modify support.
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