child support

Do We Need An Attorney To Sort Out Child Support?

child supportQuestion:

My wife and I have been living apart for four months. She has our son, and we came to a mutual agreement regarding visitation rights and the amount of child support I should pay.

We have agreed to keep everything peaceful, as long as we both follow what we agreed to. Once it is time to get our divorce, will we need to get a lawyer or just go through the courts?

Answer:

I am not licensed to practice in your state and cannot provide you legal advice. However, I can give general tips regarding your situation based on the jurisdiction where I practice.

Cordell & Cordell Fairfax Divorce Attorney Timothy Jacques
Cordell & Cordell Fairfax Divorce Attorney Timothy Jacques

First, each state has different requirements for divorce when there are children involved. Typically, you must be separated for 6-to-12 months and have an agreement as to custody, visitation, support, and equitable distribution. (Some states recognize formal separation and some do not.)

Once you have met the separation criteria in your state, typically a complaint for divorce is filed with the court, followed by the separation agreement and a final decree of divorce. Many states make the process simple and do not require amicable spouse to appear in court.

However, the amount of child support one pays can vary great based on a number of factors including, how many days of visitation each party receive, the income of the parties, and necessary child care and out of pocket medical expenses.

You should contact your local Cordell & Cordell office for an in-depth consultation regarding your specific facts and before you agree to any amount of child support.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Fairfax divorce attorney Timothy Jacques, contact Cordell & Cordell.

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child support across state lines

How To Juggle A Child Support Order In Multiple States

child support across state linesQuestion:

Child support for my son was initially opened in New York and also closed in New York. I later moved to Texas while my son, who is now 18, moved to Virginia.

Since neither of us no longer live in New York, do I still need to pay child support until age 21 since the case originated in New York?

Answer:

While I am not licensed to practice law in your state, I can give some general guidance on this issue.

To properly answer your question, I would need to review all of the orders from New York, along with all of the orders from Virginia. If the case was terminated or closed in New York, and a brand new case was opened in Virginia, then I believe Virginia law would control how your child support order is handled.

If the case was simply transferred from New York to Virginia, and if Virginia follows the Uniform Interstate Family Support Act, then I do not believe Virginia can modify the duration of the support order, just the amount of the support order.

Oklahoma Divorce Attorney Natalie Sears
Oklahoma Divorce Attorney Natalie Sears

However, this could all be moot if your son is no longer living with his mother.

I would recommend calling a Virginia family law attorney for a consultation first to review the support order that is currently in effect to see what language controls how it is implemented and terminated, along with gathering more information about your case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Oklahoma divorce lawyer Natalie Sears, contact Cordell & Cordell.

The post How To Juggle A Child Support Order In Multiple States appeared first on Dads Divorce.

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