There are a few states that have laws which pertain directly to the designation of parental abandonment. The majority of states make such rulings on the individual case circumstances. There is a great deal of difference in abandonment by a parent who is absent from the child's life and the criminal abandonment of a minor child. Having said that, any parent who does not pay child support in accordance with the terms stated in the court order is guilty of a criminal offense and is subject to arrest and incarceration. In addition, said person can have property seized and sold by the court for restitution of the non-support compliance.
The process for filing abandonment charges on a noncustodial father who doesn't pay support varies by state. Generally speaking, if he has not seen the child for at least six months, you can file abandonment charges in family court.
The specific details of what constitutes abandonment varies from state to state. Typically if a parent does not support a child and makes no contact for at least 6 months, it is considered to be abandonment.
It depends what state you are in but you will need to get a paternity test. Your local child support office will be able to help you get this.
I don't think you can , How can a father who does not have custody over the child , abandon it? added: he's not really abandoning the child if he's paying support.
Abandonment is leaving your spouse and children and not providing support.
what if the noncustodial parent still reside with the custodial parent, is noncustodial parent still obligated to pay childsupport
First you check your state's statute regarding what constitutes abandonment. In some states, not paying support but abiding by visitation would not constitute abandonment. In all states, the period of time before a finding of abandonment is made may vary or there may be no specific period of time, rather the court decides (there is a 6 month general rule of thumb, but that is not carved in stone). And in all cases, any extenuating circumstances are considered. For instance, if a parent is indigent, incarcerated, hospitalized, etc., the may not be found to have abandoned their child.
You need to check your state child support guidelines.
Yes, as an adult you can sue a noncustodial parent for back child support. However it is a different story if the noncustodial parent has never been ordered to pay child support. You can still sue them for a percentage of their assets. I am currently working on a case in which my client is sueing his father for 15 years of back child support. Any divorce lawyer can handle this case for you.
... have to [pay] child support - yes, until/unless the child is adopted.
Usually, yes; however, some parents with joint custody pay support.
No. Your obligation to support your own child takes priority over any subsequent support you offer for another person's child. The court would not decrease your child support obligation for that reason.
yes see links below
for or against?
Marital abandonment is just cause for divorce and there are two forms: constructive abandonment and criminal abandonment. Constructive abandonment is a case where a spouse abuses or makes life unbearable (withholding sex or infidelity) for his/her spouse. Criminal abandonment occurs when a spouse fails to care for a sick spouse, or support the spouse in caring for minor children.
Child support in Ohio usually continues until the child is 18, and up to the age of 21 if the child is in school. Whether or not you have to pay child support if the child is living with the noncustodial parent depends on the support order that it is in place Typically you can expect that you will have to expect to pay support.
Not necessarily, states have control over domestic issues. The laws of the state where the custody order was obtained determine what constitutes abandonment. If the person is still paying court ordered child support it would not be construed as abandonment. Contacting the attorney who assisted in the original custody agreement might help in obtaining more specific information.