Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I am the NCP, and my child support payments have already…

Customer Question
I am the NCP, and...
I am the NCP, and my child support payments have already been modified and increased when I finished college and started my job. I started travel nursing and receive per diem pay to help with travel and expense costs. Since the last modification, I went through another divorce and I am the CP and support my child from my second marriage. My second divorce included a long separation where I had to provide for my daughter financially all on my own, pay my current child support, and pay for legal representation. I have collection agencies and so many past due bills that I have yet to address and pay that accumulated during my separation. Will my per diem pay be used to determine an increase in child support payments, and will having another child that I support be taken into consideration?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 minutes by:
1/18/2016
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4,833
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Verified

Hello. I'll be happy to assist you.

Yes. Child support is calculated based on more than just wages. One Texas court specifically said that “the duty to pay support is not limited to an obligor’s ability to pay from current earnings, but also extends to his or her financial ability to pay from any and all sources that might be available." This includes per diem payments.

I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4,833
4,833 Satisfied Customers
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.

Chris T., JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I'm an NCP who used to live GA, but now resides in MS. Child
I'm an NCP who used to live GA, but now resides in MS. Child and CP still reside in GA. Child will be graduating from high school this month. DCSS is sending me refund checks, due to over-payment of c… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
Mom, the non custodial parent, has been ordered to pay child
mom, the non custodial parent, has been ordered to pay child support. she is currently objecting to a modified child support order. she is making approx $30/hr as a nurse. a couple months ago she had … read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
My husbands divorce "parenting plan" states he is to pay $450.
My husbands divorce "parenting plan" states he is to pay $450. per month in child support for his 2 children. We have always split our time with their mother 50/50. His oldest is now 20 and his younge… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
The state of south carolina and texas is taking a long time
The state of south carolina and texas is taking a long time to process my child support paperwork. Its been over a year. I will not recieve child support during this time because there is not cout ord… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
If a you have a order for child support in NH where the Non-custodial
If a you have a order for child support in NH where the Non-custodial parent (NCP)lives and works (the custodial parent(CP) lives in Maine). If the CP seeks and adjustment of child support in NH becau… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Hi Court order was issued 1 2010 for summer visits. 2011 and 2012 CP and NCP agreed to mo
Hi Court order was issued 1 2010 for summer visits. 2011 and 2012 CP and NCP agreed to modify the order by time of exchange and date of exchange to support CP request. 2013 CP asked to modify order ag… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
UIFSA question: Does enforcement (of unpaid child support,
UIFSA question: Does enforcement (of unpaid child support, including medical and educational reimbursements as agreed upon at the time of divorce) precede the noncustodial parent's ability to modify t… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
I was married for 6 years and have paid alimony for 4 years,
I was married for 6 years and have paid alimony for 4 years, per our divorce agreement. Now my ex-wife wants to extend the alimony because she has not finished school and does not want to work while s… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
What do you think about per diem attorneys? If my ex is trying
What do you think about per diem attorneys? If my ex is trying to modify support for a decrease, because he is saying he is making less than he was, but I want to modify for an increase because I know… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am a Custodial Parent who was granted a Change of Domicile
I am a Custodial Parent who was granted a Change of Domicile (3) years ago to move from Michigan to Ohio. As a result, a Parenting Time Plan was established, which included my agreement to transport t… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
if the issue of child support is reserved in the divorce decree,
if the issue of child support is reserved in the divorce decree, can another state establish/modify support.… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
I have 5 kids and am unemployeed. At the time my ex filed
I have 5 kids and am unemployeed. At the time my ex filed the court ordered me to pay 450 per month. I am still unemployeed but have been looking. At my final divorce hearing the court ordered me to p… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
CP and NCP work/live in different states. The NCP refuses to comply with VA court order du
CP and NCP work/live in different states. The NCP refuses to comply with VA court order during visitations, does not communicate with the CP, and fail to pay child support as ordered. CP lives in NC a… read more
socrateaser
socrateaser
1,031 satisfied customers
South Carolina law Does the NCPs spouses income count toward
South Carolina law: Does the NCP's spouses income count toward child custody payments he owes the CP? Or just his income? In other words, I am remarried. Does my wife's income caculate into the figure… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
NY Question... I have move-away permission in a Stipulation
NY Question... I have move-away permission in a Stipulation of Settlement that is executed and is part of a finalized divorce decree. I now wish to exercise that move away. Location is 118 miles away,… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I underwent a second audit with Sacdcss Aug. of 09. Original
I underwent a second audit with Sacdcss Aug. of 09. Original performed by the state in July of 08 per on my request to investigate. I was provided a letter stating findings that I was owed why and how… read more
socrateaser
socrateaser
1,031 satisfied customers
If child support has been established by an organization and
If child support has been established by an organization and the individual does not pay the full amount but does pay a portion and refuses to pay the rest and the one that is owed the child support g… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x