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Child Support

~17200 answered questions
Parent Category: Children and the Law
Get help here on any issues around payment and non-payment of child support. Custody and visitation rights issues are legally separate from support and have their own topic. Be advised that many answers here apply only to the United States and may not apply anywhere else.
If you are the biological parent then you must support your child until they reach eighteen years of age. There are very few ways to avoid your responsibility. Consider the following. If you don't have an income source you could petition the court for a temporary modification of the support order…
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ANSWER It is nearly impossible to do because usually men don't think to contest paternity, (she said I was the dad, she wouldn't lie), or they are unaware of the action against them and the time limit in which to contest paternity has passed. Even with about one third of kids having DNA tests turni…
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Answer He can request that his twin take a paternity test. If he refuses, he can always petition the court for one to be ordered. Fraternal twins do not have identical DNA, so a paternity test, would be accurate. IMO, the welfare of the child should be considered above everything else. Answer …
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If you are asking about when the child has reached the legal age for child support to end, either 18 or in the case of ordered college support and the "child" has graduated or dropped out, you can simply contact the court that has jurisdiction and they can close the case. The laws vary in different …
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Opinions from Contributors:Opinion You must reinforce the concept that they are not entitled to do whatever they want to do and whatever they want to have.Know where they are at all times. If they say they will be at a friend's house call to check in with their parents. At this age, they are frequen…
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Some states will allow a biological parent to relinquish parental rights in situations other than adoption proceedings. However, relinquishment of parental rights WILL NOT release the petitioning parent from financial support unless the child is officially adopted. Financial support in most cases in…
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Yes, the father does have to pay child support married or not. As long as you ARE the father. The only other way around it is signing your legal rights away to the child. But I don't advise doing that.If the father is ordered to pay child support by the court, then that order stands until the child …
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Joint Custody and Child Support Joint legal custody has no effect on child support. With joint physical custody there is still a payment of child support from the higher income parent to the lower income parent, usually determined by a sliding scale based on time with each parent (procedures vary am…
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Answer No, although it was rare in the past. Divorced families in times past sometimes worked out arrangements that were equivalent to modern joint custody (Ricci, 1981). For example, the Maryland Court of Appeals considered a case in 1934 in which the child had approximately equal time w…
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There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney re…
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Geographical Limitations Almost any significant "change of circumstances" can require you to go back to court, if you can't work it out between you.
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By law, you must both go up to the location where they will issue a passport and both parents must sign a statement saying it is okay. If you have documentation that shows you are the custodial parent, you can have your child "red flagged" with the government and this way if he were to try to get a …
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In the state of Georgia, both parents income is considered in determining child support. If Dad must pay CS, his spouse's income is calculated in determing amount to be paid.  From what I know, it is only the father's income that matters. Your income shouldn't matter at all. But if the court d…
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Yes. The only way to stop visitation is for the court modify the original ruling, but they will need strong evidence that it would be detrimental to the child to continue going to visit the other parent. If the child is refusing to go, the first thing you should do is to find out why your child doe…
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Yes. The "'times they are a-changin'". There are numerous men's organizations that assist father's to gain equal rights concerning the custody, visitation and support of their children regardless of whether it pertains to children born of a marriage or otherwise. Please be advised, un…
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If there is an order through the courts for you to pay child support...then you must pay child support! If circumstances have changed since the last order was made by the court, you need to go back to court and have the support and custody orders modified. If you just don't want to pay child suppor…
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Custodial Issues Anything is possible if it is in the "best interests of the Child," and both parents are cooperating to ensure this is the result. In Britain if you are an unmarried mother you may confer "Parental Responsibility" on to your partner, if he wishes to assume it. Joint custod…
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I have a child from an abusive father and I talked with the lawyer, I know that if he doesn't pay child support for a year you could take away his rights, and if you have any proof of him being abusive to you in front of the kids or to the kids, TAKE HIM TO COURT! The court may not take all his righ…
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: Document incidents miticulouly on paper and preferrably have credible witnesses present at the time the exchange is supposed to occur. Unless you are certain the child is in immediate physical danger, do not involve law enforcement in the presence of the child/children. After compiling documentat…
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A certified letter must be sent to either parent requesting the travel. Information must include dates of travel and the purpose of travel. EX: taking cruise vacation, 4-11-2009 thru 4-18-09. Child will return to residence on ending date. The recipient must respond within 30 days. However, either pa…
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Yes. That's why judges are reluctant to grant joint custody to parents who have a contentious relationship. It is common for one parent to object to such issues as a way to maintain control over the other parent and to continue the strife that led to the divorce. The child should not suffer. If the …
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You can prevent the other parent from see the kids.First of all How old are they? If they are 12 or close, they probably can decide through mediation if they want to see the non-custodial parent. You have to take him to court and change the current orders. You will be given a mediation date first. I…
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Support and Custody are separate. So yes if you are behind on child support you can still petition the court for joint legal custody. You would need to show some significant change in circumstances from when the current custody order was entered. You will also have to explain your failure to pay cou…
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Paying Child SupportA spouse regardless of gender is not legally obligated to support the biological children of the new spouse's previous marriages or relationships. But obviously if the children live with the parent and stepparent it will be a shared commitment.The salary or assets of the "innocen…
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I have custody of my ten year old daughter and am living in Edmond, Oklahoma. My ex lives in Tulsa, OK. I have lived in Edmond for seven years now. The current custody arrangement has been in place for five years. I have received a job offer in Colorado. I would like to move but do not want to risk …
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Answer Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, …
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Is the parent assisting with child support through a court order? Go that route first. Money does matter when raising kiddos. (If the parent still refuses to make contact or speak to the kids, who cares about them? The children may be better off without this loser in their life!) Right now I am goi…
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Sure, it could be positive and I'm sure the courts would enforce visitation for more details visit family law. This could really hurt a child. Why after say a year or 2 or 5 even should the other parent start coming around? If they really wanted to see their child they should have a long time ag…
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It depends on what the activity is, which parent has legal custody, existing court orders, good judgment, safety, a whole host of factors. The parents should discuss the issue and come to an agreement. If it's a dangerous activity that results in damages and costs then the answer may be yes. The sit…
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The welfare of the child should be the main issue. The best parent or maybe both paremts should have custody. Who is to say that one parent is better than the other with out prove of child abuse. During custody battles, the parents are so wrapped up in themselves that the children are not actually c…
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What does the legal paperwork state? If you are legally bound to request permission from the other, then I would follow that before taking the vacation. Parents who are sharing their time respectively with the child should also provide optional visitation times if the vacation takes any of the visit…
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This would be a change of circumstances. What are the best interests of the child? If the father wants to contest it - I think he has a good case.   Yeah it definitely deals with a modification of a custody arrangement. I believe that the death of one parent would enough to satisfy a material…
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Yes. The best interests of the children would be the court's focus.
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Answer Sounds good to me. Check your State law. All things being even, it seems reasonable that a judge would grant you the right to take care of your children over some stranger, or in lieu of paying "child care expenses." Oklahoma law provides that "If the court determines that it wil…
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Absolutely NOT. The Division of Child Support Enforcement, does not arrange custody nor visitation. I had a child support order, the father and I were never married, and while the support papers clearly stated custodial, Non custodial, it didn't not mean that either had legal custody. Until you go t…
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the unwed mother doesnt automatically get sole custody in all states... the state I'm in it is a "joint custody" state so if you put the father on the birth certificate then he will get rights to the child as well, it highly depends on the states law. You'll generally have primary custody unless the…
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Child support is normally calculated for the entire year based on a formula that already takes into account the parenting time the non-custodial parent and then is spread across the entire year. So the non-custodial parent has already received a credit for those three months of parenting time. This…
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having primary custody means you are the custodial parent because you have the child for the majority of the time, (meaning more than 50%)in support court that helps alot, since you have the child the majority of the time(more than 50%) that makes you the custodial parent and you have the right to r…
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There is no standard. The policies vary from state to state and from jurisdiction to jurisdiction. There are no universal standards in family law. See the discussion page for some examples from various jurisdictions.
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This is an issue which should have been addressed in the original support agreement. If there is no stipulation as to how support should be administered when the children are with you. You are still obligated. You can however, have the order modified to read, that when you have physical custody the …
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Seven-year-olds do not make decisions as to custody, that is the responsibility of the judge. A child of that age might be asked his opinion, especially if he has been reluctant in the past to visit his father (to rule out child abuse, etc.) but it is more likely the judge will be able to make a dec…
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IN CALIFORNIA, DIVORCE IS NOT AN ISSUE REQUIRING "MUTUAL AGREEMENT." IF ONE PARTY WANTS A DIVORCE, SIMPLY FILE FOR IT, SERVE THE OTHER PARTY, FILE PROOF OF SERVICE. THIS FORCES THE "UNWILLING" PARTY TO "RESPOND" TO THE LAW SUIT FOR DIVORCE. IF NO RESPONSE IS FILED WITHIN 30 DAYS, A "DEFAULT JUDGMENT…
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Whether you agree or not is irrelevant. You cannot force your spouse to stay married to you because you don't want to pay child support. The court will schedule a hearing and will issue support and visitation orders. You should hire a good attorney who can advocate on your behalf. You cannot stop th…
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It depends on the personality of the child, their level of intellect, and their strength of character.To give you an example, I'm 19 years old, good at English, arty stuff, good communicator and thinker. I'm also a competitive person. Apart from the fact that I know, from personal experience, that k…
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We homeschool our children. At the beginning of the school year each year we sit them down and talk to them to make sure they are still happy with homeschooling. It is a choice we make as a family and it will never be pushed or guilt tripped onto them. You should respect the parents decision in fron…
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%DETAILS% Answer Some of the most serious health problems for your children may start in your home. This booklet explains some of these health concerns and tells what you can do about home safety. Allergies and asthma are health problems that may be caused or made worse by …
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United States In the case of Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 96 S. Ct. 2831, 49 L. Ed. 2d 788 (1976), the Supreme Court of the United States upheld the right to have an abortion, striking the state's requirements of parental consent for minors and spousal consent for…
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If you as a non-custodial parent are having to pay half of the medical expenses and you know he/she has secondary medical insurance, I suggest with the primary and secondary insurance, you require a copy of the Explanation of Benefits (EOB) that insurance companies provide when they process a claim…
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If you are married your parents have no legal rights over you at all, nor any duties either. Legally you are classified as a "married minor". There are various things you cannot do like enter into contracts. There was a legal case a few years ago. A girl of 17 got married and after the wedding her f…
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Try calling your local Children and Youth Services. It could even go by Children and Family Services in some states. They might be able to tell you. Different states have different laws regarding the age of consent. The person with legal custody can give their consent. Underage persons can peti…
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If you're talking about a federal student loan, you're talking about federal law that trumps the law of any state you live in, New Jersey and Indiana included. For correct federal info, see below. In general terms, it is not more than 25% of disposable income. Or 30x the minimum Federal wage, whiche…
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If he is a true narcissist he hates children. The risk of abuse - physical, psychological, and even sexual - is considerable. My book: "Malignant Self Love - Narcissism Revisited" (c) 2003 Lidija Rangelovska Narcissus Publications   I think if the narcissist is the kind who receives narcissis…
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I described in "The Guilt of the Abused - Pathologizing the Victim" how the system is biased and titled against the victim.Regrettably, mental health professionals and practitioners - marital and couple therapists, counselors - are conditioned, by years of indoctrinating and dogmatic education, to r…
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Consideration of Spouse's Income Ideally, children are your responsibility. Any child support will be awarded based on your earnings and assets. In some cases, I would not count on that being the case, though. My daughter's husband got behind on his child support payments, and the state seized he…
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Real Property Child Support LienProperty liens, garnishments, etc. can only be implemented after due process. If a child support order is in effect the court can take whatever means necessary. This ususually involves garnishment of wages rather than a property lien. Altough if there is a large amoun…
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That would be the decision of the judge and the laws in your jurisdiction. In most cases signing over physical parental rights does not relieve the parent of their financial obligation unless the other parent agrees. If however, the rights are being relinquished so the child can be adopted, the cour…
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First of all I have never heard of a court terminating child support, why was it "terminated", Clerk of Courts are prohibited from giving legal advise. If it arrears, like the first response suggests, you must pay the arrearage regardless of the age of the child. If the support was truly "terminate…
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A person does not just "give up' their obligations to a child. A petition can be made by both parents, for one parent to be relieved of parental duties. The courts, however, do not take these requests lightly. There will be affidavits taken stating the reason the parent wishes to relinquish their ri…
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Contact the clerk of Family Court. The clerk will give you the necessary information for forms, filing procedures and fees.
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I would say yes, however I wasn't able to find the code or case that backs it up.Here's a page of links to find that answer http:/www.steveshorr.com/child_support.htmThe presumption of legitimacy holds that a child born during a marriage is the child of both spouses. The father's name is automatical…
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Call and ask him for a progress report on your case. If you do not get a good response contact your local bar association for advice. You may need to find a new attorney to continue your case. In that case you should make a formal complaint about your first attorney to the state board of bar oversee…
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Whose name is listed on the birth certificate? If it is your boyfriend, when you file for divorce, notify your attorney that the child is not your husband's and that your ex will have no legal obligation towards your child.If your boyfriend is not listed as the father, you need, for legal reasons, t…
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Answer ABSOLUTELY! Dad created kid, didn't he?
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The answer is probably YES, if it has not been reported to the Federal government or the state has not taken action against you. In most cases states do a lousy job at collecting child support. In my case, I sponsored my foreign based spouse for a K-1 visa and then a perament residence card. I was …
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Answer Please post the State you live in and I can help you with this question. Each State has different laws. Marcy Answer washington Answer The state of residecy is actually irrelevant. The age of majority in most states is 18, in Alabama and Nebraska it is 19, in Mississipp…
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Answer YES! Absolutely. If they truly are narcissistic then they are the ones that live a long and miserable life without many friends, much of a past or a future. When we get older sometimes memories are all we have. Narcissistic people have no less chance of living or dying at any given time l…
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   Pregnancy and Emancipation RightsYou cannot get emancipated merely because you're pregnant. However, if you meet your state's requirements for emancipation, yes. As a general rule, you would be required to prove (among other things) that you are capable of fully supporting yourself and…
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Answer The issue will have to be rectified before the person can continue with the citizenship process. The possibility of deportation would not be likely nor would being incarcerated unless there is a court order in place mandating the payment of child support. If there is such an order the …
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No, you cannot. If you are not in a safe place, you can contact the local Social Services office and they can help you find a safe place to live legally. It is better than being on your own.
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For a child to learn how to make friends, resolve conflict, interact with strangers, dine in a social environment, learn with external distractions, share with many other children, are all things that teach a child the value of their own family, home, solitude and personal sense of self. Through a p…
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No. Child support is owed to the custodial parent. The right to collect child support belongs to the custodial parent, not the child, even after the child is an adult they cannot bring a suit for back child support. An adult child may be able to bring a suit for child support arrears on behalf of …
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Possibliy "Inactive".
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Then the non-custodial parent has no legal obligation to pay child support.
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The child's school status would not, in itself, justify termination of support.
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No...the father still has to provide for his kid till 18 sometimes longer
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If you're very lucky, the obligee will sign a [notarized] statement acknowledging receipt of the money. It's also possible that a judge will accept your unsupported testimony. If not, you might be paying this a second time. Don't ever give money directly to the obligee (send it to the court, or t…
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Custody labels change depending upon the jurisdiction in which you reside. It is important to know and understand the proper custody labels and have them applied in your child custody order. Generally there are two main categories of custody: Legal Custody: Legal custody refers to making major decis…
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Yes, if the custodial parent and/or State agency files an action [either judicial or administrative] requiring that s/he do so.
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It's called a Motion To Clarify Child Support Owed. Have you requested a printout recently? see links below
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Any parent risks losing his or her custodial rights over their children if it is proved they have abused or neglected those children, or because of other substantiated indications they are unable to function appropriately as a custodial parent.As with all other legal applications, allegations agains…
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noAdded: Usually only the parties named in the order are affected by it, unless the-order also includes more general phraseology (e.g.: "all parties to the action" - "the school administration" - etc) to apply to some much broader or more inclusive group of people.
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That you have no right to see your child. Child Support is a separate issues. see links
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In general, one cannot give one's child to the State. The taxpayers are not interested in raising your child. When the State does take custody of a child, it pursues the parents for support.
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It would depend on the circumstances. If the father signed the birth certificate then he automatically has rights and can take you to court for those rights. If he's not on the birth certificate, he will have to ask the court to order a paternity test, he will probably have to pay for it, depending …
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YES/NO This fully depends on the state. In most states, the mother has until the child turns age of majority for that state (18-21) to file for retroactive child support of up to 18 years worth (average is 5 years), and the child can file for one year after they reach the age of majority. However,…
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The duty to pay child support stops at age 18 except when the child has not yet finished high school, and in that case it will continue until the child completes high school, but not past age the child's 20 th birthday.
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This suggests that the father has some income from that property and therefore some ability to support the child[ren].
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Yes, if a court terminates the biological father's parental rights on the grounds that he is an unfit parent, or the biological father fails to appear for hearings on the matter.
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Only one venue may have jurisdiction over a child support matter at any one time. (However, multiple States may enforce an existing order.) The case is typically filed in the State where the child currently resides.
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Just the mother's name is perfectly legal. I used artificial insemination, so there was no father. My son's birth certificate has only myself listed. Perfectly legal, never a problem nor question.
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No if it has taken a breath then yes But Allah will give u a new baby for taken away your baby
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In general, child support is a percentage of net income. Child support can be garnished from Unemployment Insurance Benefits.
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The case should originate in the State where the child lives. Only one order can be operative at any one time. However, a child support order may be registered in any other State for purposes of enforcement. There is no law prohibiting more than one State from enforcing a child support order.
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In general, remarriage should not increase or decrease one's child support obligation, regardless of the new spouse's income or the presence of stepchildren.
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the new spouse is not responsible for the child(ren). However, the State may place liens on real and personal property, including bank accounts, even though the new spouse is a joint owner.
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chea wizzz well child labor is a human rights issue and it should be stopped soon
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If the company is not incorporated then yes, the assets of the company technically belong directly to the owner and can be garnished to pay child support. To avoid this, the company can become incorporated and the owner should be given a specific salary set by the corporation.
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A parent cannot simply abandon their child, however in most cases they can voluntarily relinquish parental rights provided that adequate alternative care (such as a relative willing to take the child or someone willing to adopt them) is available.
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