Child Support

//Child Support

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

INTEREST REQUIRED ON BACK CHILD SUPPORT

The parties entered into two agreed orders.  They modified husband’s child support obligation.  The orders did not address the issues of the child support arrearages and interest to be paid on the arrearages. Wife later went to court to collect the arrearages and interest.  The Court did not give her interest.  The Court stated that [...]

By | April 26th, 2018|Child Support, Uncategorized|0 Comments

EQUITABLE ESTOPPEL = IT IS JUST NOT FAIR

Father was ordered to pay $788 per month in child support after the divorce in 2004.  Father fell behind in his support payments.  Mother verbally agreed to accept father’s payment of $165 per week in child support.  She says she did this to allow father to catch up on his arrearage. They wound up back [...]

By | April 26th, 2018|Child Support|0 Comments

NEW CHILD SUPPORT LAW TOOK EFFECT AFTER PARTIES’ DIVORCE

The Trial Court entered a final parenting plan and judgment. The parties were now divorced.  Father filed a Motion to Reconsider. He felt that the Court was wrong in certain parenting decisions it had made.  The Court denied Father’s motion. Father also filed a Motion to Reconsider the amount of child support that he was [...]

By | April 13th, 2018|Child Support, Parenting Plans|0 Comments

WHAT DOES IT MEAN TO RESERVE CONTRIBUTION TO EXPENSES?

The issue was college education.  The parties had four children. The parties’ judgment for dissolution of marriage did not order a specific dollar amount or percentage to be paid by either party.  It left the amount to be determined at a later date. The Judgment required Husband to maintain accounts for each child’s college or [...]

By | April 13th, 2018|Child Support, Financial Issues When Divorcing|0 Comments

WHEN DOES A LOAN BECOME A GIFT OR INCOME?

Husband earned bonus in addition to his salary. The parties divorced. The child support was to pay 20% of his net income per pay period.  Also, at the end of the year he is to true up his income. He will pay 20% of his entire net income by the end of the year. He [...]

By | February 22nd, 2018|Child Support|0 Comments