Want this question answered?
You, (the Absent Parent), and the Custodial Parent both go to your local Child Support Office and file a motion to be heard in front of a judge (in most cases, it's heard on a separate date from the date you file the motion) to cease child support. On the date of the court date, you both appear before a judge and he/she will ask the Custodial Parent if this is his/her wishes. The Custodial Parent will then answer according to how they see fit. The Custodial Parent can also at that time request that all monies owed to him/her from back support that the Absent Parent has not yet satisfied be forgotten. This will clear the slate for the Absent Parent as far as arrears is concerned. Note, this will not clear any monies owed to the State that the Custodial Parent may have received i.e. TANF. You, the Absent Parent, will still be held responsible for paying this back and your child support will continue-only for repayment of State funds received on behalf of the child-until paid in full.
Yes. If the custodial parent is breaking the court orders the judge can give custody to the non custodial parent if he/she is fit.
That is up to the judge.
Yes, if the case was dismissed "without prejudice."
Not without permission of the judge/court where the custodial order was issued.
No. The parent has the right to object and there are many court cases based on this issue. However, you haven't mentioned who has legal custody and you may need to have the issue decided by a judge if the other parent is persistent.No. The parent has the right to object and there are many court cases based on this issue. However, you haven't mentioned who has legal custody and you may need to have the issue decided by a judge if the other parent is persistent.No. The parent has the right to object and there are many court cases based on this issue. However, you haven't mentioned who has legal custody and you may need to have the issue decided by a judge if the other parent is persistent.No. The parent has the right to object and there are many court cases based on this issue. However, you haven't mentioned who has legal custody and you may need to have the issue decided by a judge if the other parent is persistent.
No, you had until the 18th birthday to file for retroactive child support. But, a growing number of judges, including Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement, are opposing it.
If she has been found to be an unfit parent. See the related question for factors a court uses to judge a parent to be unfit.
The judge will take your preference into account in a court situation.
I think you mean if the visiting parent has a court ordered visitation. If the parent has court ordered visitation then yes the child is forced to be with the parent, that is what the court order is for. If the parent has no court order than legally the answer is "no" but i think if both parents agreed to a time for one of them to spend time with their child the child being a minor must do as the parents tell him or her to do.
No, a parent does not have to be present however, in some cases the judge may ask the parent about his/her child's behavior and or social/school apptitudes. So it could be in the best interest of the minor to have a parent present but is not mandatory.
First thing..in Indiana...most courts view support and visitation as two separate issues. If the support is required through the courts the judge will ask what the visitation is at that time. However, if the non-custodial parent wants to get visitation without the custodial parents agreement, the non-custodial parent will have to file a request with the court and have a judge issue visitation. If there is no visitation order in place by a judge/court, the custodial parent has no legal requirement to permit visitation. I have dealt with this issue personally as well as my sibling, me being a custodial parent my sibling being a non-custodial parent. So I have seen what happens from both sides. Basically if it something isn't ordered by a judge/court, there is no legal requirement to do visitation or support.