Child Support

//Child Support

NO PASSPORT IF YOU OWE CHILD SUPPORT OF AT LEAST $5,000

The government is ordered to deny the passport application of a person who owes child support of at least $5,000. Eunique's marriage was dissolved in California. Her husband was awarded custody of the children. She was ordered to pay child support. She failed to pay the ordered amounts. She became in arrears for more than [...]

MAKE SURE YOU ARE HEARD LOUD AND CLEAR

Former wife appealed from an order of the court.  She had been receiving $1,000 per month for unallocated maintenance and child support.  The court reduced that amount to $430 per month in child support.  She was no longer entitled to maintenance as she had remarried. Her maintenance payment was terminated as of the date of [...]

By | October 25th, 2018|Child Support, Maintenance|0 Comments

PENALTIES AGAINST EMPLOYER FOR NOT WITHHOLDING

Ex-wife filed a complaint against ex-husband's employer.  She alleged that it knowingly failed to withhold money owed for child support and maintenance payments from his wages on 15 pay periods. The trial court assessed statutory penalties against employer, in the amount of $66,700.  Employer appeals.   Employer argues that no penalties should have been assessed because [...]

By | September 21st, 2018|Child Support, Financial Issues When Divorcing|0 Comments

WHEN IS A JOB CHANGE NOT DONE IN GOOD FAITH?

Was husband’s voluntary termination of employment from Touche Ross done in good faith?  The test for good faith is: “whether the change in status was prompted by a desire to evade financial responsibility for supporting the children or to otherwise jeopardize their interests.” The facts concerning husband’s voluntary termination of employment from Touche Ross are, [...]

By | September 21st, 2018|Child Support, Financial Issues When Divorcing|0 Comments

GOING AFTER CHILD SUPPORT ARREARAGES IN PROBATE COURT

Divorce judgment for divorce had been entered in 1983.  It included monthly child support to be paid by husband.   Husband died in 2008. In 2012, wife filed a petition for confirmation of lien, sale of real estate, and entry of a QDRO (against his pension).   She alleged that there were child support arrearages and interest [...]

By | August 21st, 2018|Child Support, Post-Decree Issues|0 Comments

THAT IS ONLY WHAT YOU THOUGHT IT MEANT

Husband was ordered to pay child support when the parties divorced.  He was not working at the time. The child support was based on imputed income.  Or, what he could be earning. The divorce decree had specific language about the definition of income from which child support would be paid.  It said that he was [...]

By | August 16th, 2018|Child Support, Financial Issues When Divorcing|0 Comments

RETIREMENT PAYOUT IS INCOME FOR CHILD SUPPORT PURPOSES

Parties divorced and divided husband’s pension between them. The parties had three children. Husband was ordered to pay child support to wife. Husband later retired. He filed a motion to reduce his child support payment. Upon retirement, he received a monthly amount from his pension. Husband argued that the pension division was included in the [...]

By | August 16th, 2018|Child Support, Property Division|0 Comments

DON’T SPEND IT ALL JUST YET

Parties had divorced.  They were back in court. Wife was to pay child support.  She had a personal injury case settlement.  The Court was deciding how much of it should go toward child support from her. She had received a net amount of $158,972.77.   She testified that the money was for her pain and suffering.  [...]

YOUNG’UNS HAVE A YOUNG’UN

The Paternity Trial Court made a finding that Evan was the father of the child.  Evan’s name was listed on the child's birth certificate.    The mother and father were 18 at the time of the child’s birth. They were never married. They each lived with their own parents. The Court also ordered that the mother [...]

By | June 7th, 2018|Child Support, Custody, Parenting Plans|0 Comments

$100 PER DAY PENALTIES FOR UNPAID CHILD SUPPORT

Parties divorce.  Husband’s employer is ordered to deduct and pay the child support from Husband’s paychecks.  Employer missed two payments. Wife files a petition to have the employer pay a penalty. The statute states that there is a $100 daily penalty for a “knowing” violation. The trial court denied wife’s petition.  The court said that [...]

By | May 18th, 2018|Child Support|0 Comments