Can a mother without custody receive child support?
The child support is to "support the child"...figure it out.
When a mother loses custody of her 3 minor children due to drug use and custody is given to the sister who receives the child support?
If the custody order is done through a court of law, the sister will receive (and needs) child support.
YES, a woman can file for child support and not address custody in the courts, but a man can not request visitation time without the subject of child support being addressed. All single mother have sole custody by default, in 49 states.
Yes, if the non-parent has legal custody of the child.
In general, support is paid to the parent or other caretaker who has custody of the child (or to the State as reimbursement for assistance furnished).
No. Whether or not you have full custody, the amount is going to be the same, just as long as she lives full time with the mother. The amount is usually based on income guidelines anyway.
It depends on who has physical custody. Often the parents have joint legal custody, the mother has physical custody and the father has a visitation schedule. In that case she will receive child support. If the child will split time between the parents the state has a formula in the child support guidelines. You can find various websites that provide information regarding Georgia Child Support Guidelines by performing an online search using that phrase. See… Read More
Should be, but only 15% of custodial fathers get a child support order, of which only 5% receive anything, while another 9% are still required to pay child support to the mother.
Yes. In the US the law presumes that an unmarried mother retains sole custody to the child until a court rules otherwise. Child support and custodial issues are two entirely different matters. The granting of sole custody to one parent does not relieve the non custodial parent of their financial obligations even if the couple were/are not married.
Why would a birth mother be getting served papers from her kids uncle if she hasn't had custody for 7 yrs?
If he has custody of the children he may be petitioning the court for a child support order against the mother. If he has custody of the children he may be petitioning the court for a child support order against the mother. If he has custody of the children he may be petitioning the court for a child support order against the mother. If he has custody of the children he may be petitioning the… Read More
Depends on the circumstances. If you are a single father, without court orders, the mother still has sole custody and control. If married, you have possession, however if you file for child support, you have a presumption of custody.
If the mother has the full custody then she can take the child, and she can get the child support. If she doesn't have the full custody, then she is not allowed to take the child without the father consent, but she still can get the child support.
If the mother gave her child to her mother and they stopped the fathers support payments can they make him pay again without any notice?
Yes, but he should go for custody.
The father has sole custody but wants to give custody back to the mother of a very unruly child who wants to live with his mother anyway How can he do this without her come after him for child support?
The only way would be to do a personal agreement between the mother & father, ideally having it filed with the court. However, at any time, either parent can utilize Child Support without the other parent's consent. If the Mother spends more time with the child than the Father, she is most likely entitled to child support.
Determining child support has only one goal which is to determine medical, financial and daycare support. Custody is NOT determined when child support is established. To establish child support you have to go to court. Otherwise if the mother was unwed and paternity/custody is not established she automatically has sole custody which entitles you to pay her child support but you are not entitled to visitation, school/dr records etc unless she gives them to you… Read More
Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody. A married mother cannot keep the child from the father without a court order to that effect.
Well, if he's paying child support, that means she has custody of at least one child who is under 18. So, by law, no, it is illegal for the mother to move out of state without telling the father.
If a father is paying child support but has not gone through custody court does he have say over the child and mother moving out of state?
Petition the court for an emergency custody hearing before she leaves the state - without the courts custody agreement in place she can move at will.
Even sole custody fathers can be ordered to pay child support, when they earn more than the mother. see links
You now have full custody of your child and receive no support. How do you get your garnished tax return for back child support applied to what the mother owes?
You can't. If there has been a change in the custody order you are still responsible for any arrears incurred while the other parent had legal custody. Your garnishment will not be returned to you since it was imposed for money you owed. You owe those arrears until they are paid in full regardless of the change in custody.
If the father has custody but the mother raises the child can the mother get partial custody of the child?
If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.
Yes. If the father has sole custody or physical custody the mother will be required to pay child support under normal circumstances. Both parents are responsible for supporting their children.
In New York if you have custody of your 16-year-old daughter at what age can she move in with her mother without your consent and would you be obligated to pay child support?
Given that the court has given custody to you, any deviation is in violation of the court order. Typically at 18 they are no longer a minor and can choose where to live. Your child support payments are dependant upon the court order. Her choice of living arrangements after 18 will not obligate you to pay child support. You/she/mother could petition the court to change the custody and support arrangements.
My 17 year old daughter moved in with my EX mother-in-law. Do I have to pay child support to my ex mother-in-law even tho she did this without my consent. We live in Michigan. how do i avoid this.?
For 1) are you in custody of your daughter? If you are in full custody you could take her to court for kidnapping is your EX mother in law in custody of your daughter? Do you have joint custody? If your ex mother in law has no custody over your daughter you could take her to court, she is not authorized to take care of your child.
not until the mother files for custody
No, she should be paying it.
No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody. No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity… Read More
No. A grandfather has no parental rights and has no right to do anything without the consent of the mother as long as she has custody of the child and he doesn't. No. A grandfather has no parental rights and has no right to do anything without the consent of the mother as long as she has custody of the child and he doesn't. No. A grandfather has no parental rights and has no right… Read More
No, if the mother voluntarily gives cutody to someone else, she can no longer be paid child support because she no longer has custody of the child. What happens now is the father can obtain custody because he does have rights or the person who has custody and have legal guardianship can file for assistance in which child support can be included or filed.
No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody. No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is… Read More
Single mothers have sole custody by default. Married mother must address it with the court. Non-custodial mothers can still get a child support award from the father.
Who has legal custody of a minor child when parents have never married in mass and can one leave the state without the others permission or will it be kidnapping.?
The mother have custody. The father have to prove paternity by providing a DNA test and he can then get his parental rights and petition for custody, visitation and pay child support.
If you were not married when the child was born you have to prove paternity in court by a DNA test and if she refuses you can get a court ordered one. Then you can petition for custody, visitation and pay child support. Unless the mother is unfit they will not give you full custody though.
The father has essentially the same rights as the mother - e.g., to petition for and receive child support, custody or visitation, and otherwise be involved in the child's life. If your question is really about the rights of the non-custodial parent, please be more specific. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always… Read More
Can your ex-mother-in-law with whom your kids live with but she has no custody of try to ask for an increase in the child support she gets the kids social security and my chils support?
Yes. Why don't you file for custody? see link
If a mother has custody of a child can she waive child support and move without consent of the father?
Child support may be waived only with the consent of the court/agency that entered the order. The divorce or support order may contain language about moving the child.
Yes the father would still have to pay child support if he did not have custody of the child and the mother did not work.
Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?
If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes. If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes. If the father has legal custody, no. Not without his consent. If she has joint legal custody… Read More
It depends on the law where you live and your custody order. If the father has sole legal custody (as opposed to physical custody) he would be able to make that decision without input from the mother. If legal custody is joint or the mother has sole legal custody, no he could not.
It would have to be taken to court for a judge to decide. But if the older sibling is old enough to care for them, *is able to financially support them, and can prove they would be a better guardian than the mother would, the older sibling may stand a good chance of getting them. But he or she would have to prove the mother is unfit, such as abusive, gross negligence, a drug addict… Read More
Can a mother take a child out of the state of Texas without the father's permission in the state of Texas without a court order?
If they are married to each other, yes she can. If they are not married she can if there is no court order for visitation, custody or child support.
Do you have to continue to pay child support in KY if child is truent and mother signs him out of school?
Truancy and child support are two separate issues. You must continue to pay child support, however you can file for custody modification either by seeking custody or increasing custody, thus reducing your child support obligation, if you can prove the mother is not acting in the best interests of the child by enabling his or he truancy.
What if your 17 year old son wants to live with his father and his father is arrears with child support Will you now need to pay child support or will he receive credit?
The parents should return to court to change custody and terminate support. The court may order the mother to pay support and might credit her for the father's arrearage.
In Texas if the mother has custody of the children and goes to prison does the father still have to pay child support?
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
If an Aunt has phys and legal custody of a niece can she transfer custody to another Aunt without involving the 7 year absent mother?
Yes because the mother had no custody over the child
You have custody of your 16 yr old but you still pay her mother child support her mother wont sign her over legally what can you do?
File a motion to modify custody. see links
Yes, as long as you have custody of the child/children. Just as the mother can choose for the father to PAY child support.
A father has no right to "take the child from the mother" under any circumstances. Custody is determined by a court order. Obviously, in this case, the court has established a child support order and a custody order. Generally, the father must provide evidence that the mother is unfit in order to obtain custody through the court. Paying child support doesn't give any right to take the child from its mother.
Yes, if an order is issued.
If unmarried parents never establish custody can the mother relocate with the child to a different state without the fathers consent?
An unmarried mother has sole legal custody of her child until the father takes the necessary steps to establish his paternity and obtain a custody order. He can request a visitation schedule through the court and the court will enter a child support order. If he does not take those steps and the mother relocates it will be more difficult for him to establish his rights.
What legal right do have if the mother is receiving child support for a child that is not in her care?
If you are the father, file for custody. As for the child support, until custody is decided, request the payment be sent to whomever has the child, plus that the mother be ordered to pay. see links below