Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Im need to prepare a statement requesting adoptionassistace…

Customer Question
Im need to prepare a...
Im need to prepare a statement requesting adoptionassistace money from my x because its my son's money
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
1/23/2016
Family Lawyer: MIAMILAW1127, Family Law Attorney replied 2 years ago
MIAMILAW1127
MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience: Founding Partner at Moises Law, P.A.
Verified

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

How can I help you with your statement/request?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
My younger son receives aap money from the state of ca. The court split the money between both boys. Do my x had 477.50 adv and she writes me a check for same amount. I have had physical custody since july. I need to show her by law that the check is for my son and his nsme is on the check.
Family Lawyer: MIAMILAW1127, Family Law Attorney replied 2 years ago

I don't think I am the best expert to help you. I am going to opt out to allow another expert to assist you.

Ask Your Own Family Law Question
Customer reply replied 2 years ago
In reaearching aap program info in calif. The mobey is to benefit the child. Also in the xspouse calculation she said s says that the money should be included in the cs and ss calculations.
Customer reply replied 2 years ago
Please see attached.
Customer reply replied 2 years ago
The son with the payment is with me fulltime. His mother isn't willing to have him at her house
Customer reply replied 2 years ago
Because eas considered a safety risk
Family Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,603
Experience: Experienced Family Law Attorney
Verified

Hello;

Are you trying to determine which parent is entitled to the check?

Or are you trying to determine if the subsidy may be used in child support and spousal support calculations?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Both. What i need to do to request funds she owes me from that money.
Family Lawyer: LegalGems, Lawyer replied 2 years ago

The money is to be used for the purposes of supporting the child.

The federal plan, codified at 42 United States Code § 670 et seq. (1994 and Supp.1999), was passed in 1980 as part of the Adoption Assistance and Child Welfare Act. Essentially, the program provides federal reimbursements to states that pay benefits to parents who adopt children with special needs.   2 Joan H. Hollinger, Adoption Law and Practice § 9.02, at 9-6 (Supp.1999).   Every state now has an adoption assistance program, and, because the statutory provisions governing the federal program are in Title IV-E of the Social Security Act, the benefits are typically called “IV-E benefits.”

Adoption assistance subsidies are not income to either parent, therefore they cannot be considered income in the child support calculation. Hamblen v. Hamblen, 54 P.3d 371 (Ariz. Ct. App. 2002); In re Paternity of M.L.B., 633 N.E.2d 1028 (Ind. Ct. App. 1994); Strandberg v. Strandberg, 664 N.W.2d 887 (Minn. Ct. App. 2003); County of Ramsey v. Wilson, 526 N.W.2d 384 (Minn. Ct. App.1995); A.E. v. J.I.E., 179 Misc. 2d 63, 686 N.Y.S.2d 613 (Sup. Ct. 1999).

CA family code specifically states that child support is to be based on the parent's income (and parenting time) -

4052.5. (a) The statewide uniform guideline, as required by federal regulations, shall apply in any case in which a child has more than two parents. The court shall apply the guideline by dividing child support obligations among the parents based on income and amount of time spent with the child by each parent, pursuant to Section 4053.

Under statutory interpretation, this would exclude any income attributable to the income of the child.

The court would need to make a determination as to which parent should have access to the adoption assistance subsidy; they may apportion it between the parents based on the timeshare, may order it to be paid for certain expenses of the child (if for example, the child has special needs, the money would be ordered to pay for those related expenses) or if it is to be held in trust for the child.

I hope this helps! Please let me know if you have other questions; kindly rate positively otherwise. Thank you!

Ask Your Own Family Law Question
Customer reply replied 2 years ago
How can i get the first order corrected since that portion was allocated 50 50?
Also the money was fur benjamin not Alex the older.She psid no daycare so i can ask fur it with documentation. Right?
Family Lawyer: LegalGems, Lawyer replied 2 years ago

Typically the order will state that add on expenses (ie child care) are to be divided 50/50.

One would file a FL300 requesting modification of the child support order.

If add on expenses are not specifically addressed in the order, that can be included in the new FL300

Ask Your Own Family Law Question
Customer reply replied 2 years ago
considering that I've already had to pay for childcare since June of 2015 I can put that into the FL 300. Now as far as other expenses such as debt and Sport expensive but I also put that is part of the FL 300 and do I just request on that for the back pay or the back money that she owes me for the money that was part of the the custody percentage that I had. For example as of July 2015 I had my younger son full time and because she wasn't 410 she wasn't seeing my younger son I ended up having him every weekend that was agreed upon in the order. Also do I do the same thing with the child support and spousal support how do I get my money back for the difference that they goofed on with the putting the income or the adoption assistance money into the income calculations which the check approved
Family Lawyer: LegalGems, Lawyer replied 2 years ago

The court won't modify an order prior to the date of the filing of the FL300. So if there is a basis for reducing child support, the court will only make that order going forward- unless there is a mistake of law- such as the adoption assistance program.

Then one can request the court to modify it based on the money being counted as income.

but any proposed modification because of a change of custody/visitation will not be retroactively modified.

Let me get you a link to the child support services- they will actually assist, for a nominal fee, in child support modifications. Can I get your county please?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Sacramenti
Family Lawyer: LegalGems, Lawyer replied 2 years ago

Thanks; a few minutes please.

http://www.dcss.saccounty.net/Pages/default.aspx

Here you go; under "services" click "open a case".

They will help with modifications (and collection) of child support issues.

Did you have any other questions on the above?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
do i just not deal with the attorney in this vcase and just present the modification including the fl300? Also does are aap go on the fl150?
Customer reply replied 2 years ago
Also if i want to use u for the community part of the case. Do i just pay again? Or can i just secure you as a resource?
Family Lawyer: LegalGems, Lawyer replied 2 years ago

If the other parent has an attorney, they need to receive copies of the paperwork. The Child support services attorney would see to that.

The AAP does not go on the FL150- that only deals with the parents' income, not the child's.

We aren't allowed to represent individuals as are contacts are limited to this page. I can get you a link to the state bar attorney referral page.

If you have other questions in the future and are in need of information you can request me by putting To Legal Gems in front of the question.

http://members.calbar.ca.gov/fal/membersearch/quicksearch

Please don't forget to rate the information provided either *Good or *Excellent so the site credits me for assisting you.Thanks!

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 LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,603
14,603 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems 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 wanted to get a modification for my child support do I
I wanted to get a modification for my child support do I need a attorney? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
61,534 satisfied customers
My wife was served an order to show cause by her ex-husband
My wife was served an order to show cause by her ex-husband to discontinue child support because her son is turning 21. He must have had a friend do the service because my wife wasn't dressed and coul… read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
14,603 satisfied customers
I have a multitude of Family law questions regarding
I have a multitude of Family law questions regarding Paternity mediation. Located in Indiana… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an x son in law who signed a note to my husband for
hi i have an x son in law who signed a note to my husband for 5700.00 my husband loaned him 8/15/15. he paid for 1 yr and after my daughters divorce he quit paying the agreed amt 150.00 by 15th mon. … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
61,534 satisfied customers
I was served a temp disorderly conduct restraining order and
i was served a temp disorderly conduct restraining order and i need to know how to respond to it? I was told I needed to file a sworn affidavit to the court. I am so confused, the petition is false.… read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers
As a mother im very concern my son its 6 years old and its
as a mother im very concern my son its 6 years old and its been request by our mediator to appear do i have to agree or do i have an different action… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
my wife and are are legally married, we have not lived as husband and wive since 2012. my
my wife and are are legally married, we have not lived as husband and wive since 2012. my son (9 years old) has been living with me since December 2013 to present. i just learned on 25 march 2015 that… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
MY X HUSBAND N I HAD A COURT APPERANCE FOR GUARDIANSHIP OF
MY X HUSBAND N I HAD A COURT APPERANCE FOR GUARDIANSHIP OF OUR SON 25 AT THE TIME NOW 30 HAD A BRAIN HEMMORAGE MY X WAS GRANTED GUARDIAN N I AS N ASSESOR ON THE COURT PAPERS SIGNED BY THE JUDGE STATIN… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Statement of Facts in Discovery , State of California In
Statement of Facts in Discovery , State of California In the discovery process mid stream in the divorce in preparation for selltlement conference , I have on two separate issues 6 discovery questions… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need to know how to fix this. I filed a xparte motion on
I need to know how to fix this. I filed a xparte motion on a restraining order to modify visitation to one day visit between my 1yr old son and his father because his father abuses drugs and alcohol. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,446 satisfied customers
i am mr kelley. im in a small town were all the lawers or best
i am mr kelley. im in a small town were all the lawers or best friends. my son got a divorce. an this 33 year old girl is super beautifull an has all the lawers eating out of her hand. even my on lawe… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
my girlfriends mom has a restraing order on me an im 18 shes
my girlfriends mom has a restraing order on me an im 18 shes about to be 17. im going to basic trainin next month, were engaged, shes pregnant and were trying to figure out how to get her emancipated … read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
hello my name is XXXXX XXXXX 28 and live in texas. i right now
hello my name is XXXXX XXXXX 28 and live in texas. i right now have a baby on the way with my x we broke up a month ago. im am a person which told by others that loves with the heart first then check … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
ive been denied to have a relationship with my grandson for
ive been denied to have a relationship with my grandson for 2 1/2 years now, hes 4 1/2 now. But my x husband and wife is able to have him anytime they want, its been driving me crazy for all this time… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Ive been divorced for four years.My oldest son 16,I got full
Ive been divorced for four years.My oldest son 16,I got full custdy of.My three daughters stay with mom.During the realationship,I lost my job drank too much beer.Too much time on my hands,became a st… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
I have been asked to attend DNA test on my son overseas regarding
I have been asked to attend DNA test on my son overseas regarding child support. Can i do my DNA test here and result sent over.… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I married a man and moved to AL from MS. I lived there for
I married a man and moved to AL from MS. I lived there for almost 13 yrs. We divorced in 2007. I had primary of my son who is 5. When I needed to move back to MS to get a better job which is only 35 m… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My x know im not the father of our son, im listed as ...
My x know im not the father of our son, im listed as father on birth certificate, she mad at me and threating to have us to a blood test to prove im not so she can get custody back. I know im not but … read more
4ren6
4ren6
Retired
2,906 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