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How can you get your child support ajusted if lower income?
File a motion for a downward modification in the Family Court and bring all requisite proof of income to Court.
Can child support be modified for rate of current income?
Yes. If there is a substantial change in income the order can be modified. You need to file a motion for modification at the court with jurisdiction.Yes. If there is a substantial change in income the order can be modified. You need to file a motion for modification at the court with jurisdiction.Yes. If there is a substantial change in income the order can be modified. You need to file a motion for modification at the court with jurisdiction.Yes. If there is a substantial change in income the order can be modified. You need to file a motion for modification at the court with jurisdiction.
My stepdad is going to court for child support he has been laid off and not been able to pay it where does he stand?
He should immediately file a petition/motion to reduce child support based on his current income (FYI, unemployment compensation is income for child support purposes).
Can you get child support in Florida when parent goes to jail for a felony?
A judge in Florid can award you child support. Getting child support is quite difficult when the person required to pay it has no income.
How do you stop paying child support because of indigenty?
Indigence ... You file a motion with the court that issued the order for support. FYI, almost any sort of income can be taken for support, except for public assistance (including SSI).
Do you get child support if the person is retired?
File a claim with the County Child Support Devision. Most people who retire have some sort of income that they live on and child support will be taken from those funds.
What can be done if the father files a motion to reduce child support payments but uses false income information?
If you can PROVE that he is using false information for legal reasons then he can and will be arrested for Perjury but as I said this has to be able to be proven. If you have any kind of proof then by all means submit it to the court, I'm sure your Ex will have the most satisfying look of shock on his face.
Your exhusband wants to put an order that no one with a criminal record will be able to be around kids can he do that?
Yes, he can. As the parent of the child(ren) he can make a motion to that effect to the court. Whether or not the judge will grant it is another matter.
Is there any case law noted in California where a judge has set aside arrears in a child support case if proof is given that the arrears where based on fraudulent information from the exhusband?
Case law is not needed for this type of motion to amend, or reform judgment; all you have to do according to the Civil Code, is show that the judgment was obtained using fraud and the court will be required to set aside and reform the judgment (if the refuting information is true, correct, and could not be known or found at the time of the original judgment). The rules of evidence are very key in this type of case, study them well.
Can a family court judge view your bank account information?
Yes, and No, if a motion is made by a party to a lawsuit before a family court judge to have a party produce their banking information the courts can order the other party to provide such documents. However, the courts do not have the access to just type in your name and pull up you banking information. In most family court cases both parties would have completed a financial affidavit detailing all their financial information, and they are very hard if anyone is found to be hiding or misleading the courts on their assets and/or income.
How can you find out the custodial mother's income to see if she makes more than the father who is paying child support?
The person might be able to obtain an interrogatory for discovery of income from the family court, but that is not likely. The income the custodial parent makes is not relevant in accessing the amount of child support That is based on the income and assets of the person who has been ordered to pay the support. I'm thinking you have to make a motion in court to request income records. The income of both parents must be known to determine the amount the noncustodial parent has to pay, since it's usually based on the ratio of the noncustodial parent's income to the total of both parents' incomes. As has been noted, child support is based upon the income and assets of the biological parent who has been ordered to pay the support. The income of the custodial parent is not relevant, as the monies are for the support of the children. One issue pertaining to the financial support of the child/children is how it relates to dependant deductions pertaining to the tax codes. Actually both incomes are used to determine the amount of child support. It is done by percentages. Both parents are responsible for paying for their children. If the father makes more than the mother he will be responsible for the higher percentage on the amounts spent on the necessities of the child. I've worked in the legal field for almost 30 years. There are some differences in the laws among the states, but they basically follow the Uniform Child Support Laws. My daughters lived the majority of the year with my ex. My income was much less. I did not have to pay child support. My ex had to pay me support when the girls lived with me during the summer months.
Plaintiffs motion overrules motion for relief?
Not enough information contained in question.. Plaintiffs motion for WHAT? Motion for relief of WHAT?
