Custody
Children and the Law
Child Support

How far back does support go in New York state if paternity is established at 16 and the mother knew all along and chose not to pursue support?

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2010-01-22 16:24:06
2010-01-22 16:24:06

Five years, but Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement opposes the program and many judges are refusing the awards be granted.

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Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for a visitation schedule. If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.

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An unmarried mother has sole custody in most jurisdictions until the father's paternity is legally established. It is assumed the father's paternity was established in your case if he is paying child support. You need to check all the documents associated with your particular court case to determine if a custody order was issued at that same time.Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for custody and a visitation schedule.If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.

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Generally an unmarried mother has sole legal custody of her child until paternity is established in court. She does not need to pursue any legal action.

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In Florida as in all U.S, states the unwed mother retains full custodial rights to a child unless/until a court rules otherwise. Paternity must be established before the assumed father can pursue any rights to the child and/or before the mother or legal guardian can petition for child support.

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Once paternity has been established, the father may then choose to pursue custody of the child and/or visitation. In this instance, he will also be required to pay child support and can also request that he be granted joint legal custody so that he can have a say in how the child is raised. If granted, issues such as medical care, education and religion must now be decided jointly between the two parents. In addition, established paternity means that the mother cannot pursue adoption proceedings with a new husband without the biological father's consent. Should the father choose not to have any contact with the child, he can terminate his parental rights through the court.

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If the mother is receiving any kind of assisstanse, yes, they will open child support case and pursue it.

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No. If the state is supporting the mother and child the mother has no right to free the father from his responsibility to support his own children. The state will pursue him for child support.

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Child support can be obtained by the mother once the child is born and she can obtain a confirmation of paternity through the courts. The International Institute for Reciprocal Family Assistance (IIRFA) acts to intercede on paternity and child support cases when parties are from the US and Mexico. In other words, the US has a reciprocity agreement with Mexico in family matters involving children. You can read their handbook at the related link.A determined mother can pursue the case with the help of member agencies that are required to assist in the collection of child support. Governments have recognized the need to help enforce child support and states are required to have agencies that will assist a mother in her position. She doesn't need to travel back and forth from Mexico to obtain support if you are the father of her child. It will be more difficult and take longer but eventually a child support order can be issued and enforced in the US.Child support can be obtained by the mother once the child is born and she can obtain a confirmation of paternity through the courts. The International Institute for Reciprocal Family Assistance (IIRFA) acts to intercede on paternity and child support cases when parties are from the US and Mexico. In other words, the US has a reciprocity agreement with Mexico in family matters involving children. You can read their handbook at the related link.A determined mother can pursue the case with the help of member agencies that are required to assist in the collection of child support. Governments have recognized the need to help enforce child support and states are required to have agencies that will assist a mother in her position. She doesn't need to travel back and forth from Mexico to obtain support if you are the father of her child. It will be more difficult and take longer but eventually a child support order can be issued and enforced in the US.Child support can be obtained by the mother once the child is born and she can obtain a confirmation of paternity through the courts. The International Institute for Reciprocal Family Assistance (IIRFA) acts to intercede on paternity and child support cases when parties are from the US and Mexico. In other words, the US has a reciprocity agreement with Mexico in family matters involving children. You can read their handbook at the related link.A determined mother can pursue the case with the help of member agencies that are required to assist in the collection of child support. Governments have recognized the need to help enforce child support and states are required to have agencies that will assist a mother in her position. She doesn't need to travel back and forth from Mexico to obtain support if you are the father of her child. It will be more difficult and take longer but eventually a child support order can be issued and enforced in the US.Child support can be obtained by the mother once the child is born and she can obtain a confirmation of paternity through the courts. The International Institute for Reciprocal Family Assistance (IIRFA) acts to intercede on paternity and child support cases when parties are from the US and Mexico. In other words, the US has a reciprocity agreement with Mexico in family matters involving children. You can read their handbook at the related link.A determined mother can pursue the case with the help of member agencies that are required to assist in the collection of child support. Governments have recognized the need to help enforce child support and states are required to have agencies that will assist a mother in her position. She doesn't need to travel back and forth from Mexico to obtain support if you are the father of her child. It will be more difficult and take longer but eventually a child support order can be issued and enforced in the US.

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She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court.She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court.She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court.She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court.

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Child support arrears should always be established in the court that issued the child support order because once established they do not go away. The custodial parent should stay on top of the case and continue to pursue the matter in court.

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If the Mother has received ANY State assistance, and the Father was NOT paying Child Support at any time...The State has every right to demand repayment.

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In all U.S. states the biological unwed mother is considered to have sole legal and physical custody of her child. If the biological father wishes to assert his parental rights he must first establish paternity to the child in question and petition the court for visitation privileges or custodial rights. If the mother wishes to pursue child support for the minor child she must show proof of paternity (signed birth certificate, or notarized affidavit for the father). It is the responsibility of the alledged father to prove he is or is not the biological father of the child, regarding custody, visitation and/or obligation of financial support.

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Once the father's paternity has been established in court she has to be able to prove he is unfit or the court will allow him his rights. If she refuses even though there is a visitation order she would be in contempt of a court order and could eventually lose custody if she continues to interfere with his visits.

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Parental custody rights must usually be established before child support can be addressed. Generally the parent with whom the child resides is the one that the court presumes is the custodial parent unless the parent who the child does not live with wishes to contest the matter. However, since no marriage existed between the parents, it will in this case be necessary for the father to file suit for custodial rights before he can pursue any other actions against the absentee mother. In addition, paternity must be established by the father to the satisfaction of the court according to the laws of the state in which the child was born, before the court will take the custodial matters and other issues pertaining to the child into consideration.

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First, the "real" father must establish paternity - until/unless the court rules otherwise, the guy who signed the BC is the father.

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No, both are under the state's AOC. It is possible the state would take action against the male when he reaches the age of majority (18) to recover child support costs. For that to happen paternity would need to be established and DFS would need to file suit to recover any monies. When the minor reaches the age of majority the court could order him to begin paying child support if/when legal paternity has been established. The parents' of the minor male are not legally obligated to help support his child but the female minor's parents have the right to pursue civil litigation on their daughter's behalf.

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support, defend, pursue, cherish

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No. The arrears would be owed to her estate and her estate representative could pursue the matter.No. The arrears would be owed to her estate and her estate representative could pursue the matter.No. The arrears would be owed to her estate and her estate representative could pursue the matter.No. The arrears would be owed to her estate and her estate representative could pursue the matter.

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You must obtain a child support order from the court of jurisdiction in your area and then file a contempt in that court if he defaults on the child support payments. It is not easy to pursue a father who won't pay but your child deserves to be supported by both parents and you can get help if you are persistent.

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You go back to court and file the papers to do so. The forms are readily available if you want to file them yourself.Another PerspectiveHowever, you should be aware that in the United States most jurisdictions will not allow a mother to waive child support from the child's father. The reason is that the child is entitled to the support of both parents. If the mother doesn't need to money then it should be deposited in the child's name, perhaps for college or whatever the child decides when they reach the age of majority.Also, if the mother is receiving any type of financial assistance the state will pursue child support from the father.

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It may mean the parties failed to pursue any further modification and the last court orders remain in effect. It may also mean that a parent, usually the mother, filed a petition for child support but never showed up for the hearing, a considerable amount of time has passed and she has not returned to pursue the matter. In that case, no orders will be issued.

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Her father was a top civil servant, her mother did not pursue a career.

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State laws vary but the Child Support Enforcement Division of the State Department of Social Services may be able to pursue child support from the paternal grandparents of the child as long as the father of the child is under eighteen. The mother should visit the local family court and ask to speak with an advocate.

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Any child support arrears must be paid unless, of course, the person to whom the funds are owed decides not to pursue the case.Any child support arrears must be paid unless, of course, the person to whom the funds are owed decides not to pursue the case.Any child support arrears must be paid unless, of course, the person to whom the funds are owed decides not to pursue the case.Any child support arrears must be paid unless, of course, the person to whom the funds are owed decides not to pursue the case.

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Child support arrears do not go away. The custodial parent can continue to pursue arrears until they are paid off. State Child Support Enforcement can take your tax refund if you owe child support.Child support arrears do not go away. The custodial parent can continue to pursue arrears until they are paid off. State Child Support Enforcement can take your tax refund if you owe child support.Child support arrears do not go away. The custodial parent can continue to pursue arrears until they are paid off. State Child Support Enforcement can take your tax refund if you owe child support.Child support arrears do not go away. The custodial parent can continue to pursue arrears until they are paid off. State Child Support Enforcement can take your tax refund if you owe child support.


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