Child Support

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.

19,840 Questions
Custody
Children and the Law
Child Support

What is the difference between sole custody and joint custody?

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 decisions in your child's life such as medical and health related decisions, education, and welfare.
  • Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis.

Sole Legal

One parent has the right to make any decisions that affect the child.

Joint Legal

Both parents have the right to be involved in decisions regarding the child.

Sole Physical

The child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.

Joint Physical

Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.

Generally the phrase full custody is used to refer to a parent with sole legal custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custodymeans the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.

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Child Support

If you sign over your parental rights to a child do you still have to pay child support?

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 court will dismiss child support obligations.

You need to consult with an attorney or legal advocate in your jurisdiction. Note that you cannot simply give up parental rights in order to avoid child support. Generally there must be another adult who is willing to take over your legal responsibilities and financial obligations as the child's parent.

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support. Courts are concerned with the child's welfare and nothing else. The best interest of the child will be the main concern of the court.

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Adoption
Custody
Child Support

Giving up legal rights to your child means what?

That you have no right to see your child. Child Support is a separate issues. see links

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Child Support

How do you get a child support financial audit?

It's called a Motion To Clarify Child Support Owed. Have you requested a printout recently? see links below

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Custody
Children and the Law
Child Support

Does the absent parent HAVE to pay child support?

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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Pregnancy Health and Safety (Prenatal Care)
Custody
Child Support

Do you have to have a bury for unborn child?

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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Custody
Child Support
Children and Divorce

Does a child have to visit a parent who has visitation rights?

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 doesn't want to visit the other parent.

You can hire an attorney and take your ex spouse to court if you believe your child is being abused. But you will have to present real proof; a judge can't, and won't, make a determination based only on heresay. A large reason for that is many parents have used false allegations of abuse as a weapon against their ex spouses, doing it purely for personal, vengeful reasons. Judges have seen many parents who have "coached" their children in what to say, just to get back at their ex spouse.

In most cases a child does need both parents, but there are always exceptions to the rule. The courts realize there are parents who do abuse their children, or allow the child's step parent to abuse the child, so you will need to present the facts as clearly and concisely as possible, keeping to the issues at hand.

But the courts also realize there are parents who will make false accusations towards their ex spouse based on their own personal feelings, even when there is no abuse involved. You can't use your personal dislike of a parent or step parent as a basis for any allegations.

So if you feel your child is being mistreated in any way, the best thing to do is to take the case to court, and be sure to have as much proof as possible. The proof can include photos of physical abuse, such as bruises, etc., witnesses who have seen or heard physical or emotional abuse, the child's testimony (in private chambers, depending on the child's age and circumstances, but usually with both attorneys present).

School records can also help, including the teachers, school guidance counselor, or school nurse; they are trained to detect even the smallest changes in a child's behavior. If the child's grades go down or if the child's behavior changes, they will have noticed this, especially if you have already talked to them and explained the situation, asking them to make note of the child's behavior.

Also, be sure to document things your child says and does when returning from the other parent's home. Don't coach them in what they say or do, just be sure to document what they say or do on their own. That doesn't mean you shouldn't ask your child things such as "Did you have a good time with your dad", or something similar.

That will be an opening for your child to tell you how he or she was treated, things that may have happened to upset your child, inappropriate things they may have been subjected to, such as porn, vulgar language, etc. In other words, do all you can to be prepared and to present the facts as they are to the court.

You also have to consider the possibility that the child may have more rules at the other parent's home, which the child doesn't like. Often, children want to be with the parent who is more lenient, or allows them more freedom to do the things they want to do. Some parents, after divorcing, tend to become the 'fun' parent, thus making the other parent seem too strict when, in fact, they are merely doing what good parents to - enforcing rules for safety, health, academics, etc. If this is the case, then the child needs to be taught those rules are in place and enforced only because that parent does love them.

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Children and the Law
Child Support

Is it illegal to file child support in two states?

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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Custody
Law & Legal Issues
Child Support

Can a non party be bound by a court order?

no

Added: 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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Children and the Law
Child Support

Can child be adopted without biological fathers consent?

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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Children and the Law
Child Support

What age can you stop paying child support in Georgia?

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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Custody
Children and the Law
Child Support
Birth Certificates

What happens if there is no father to name on the birth certificate?

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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Law & Legal Issues
Child Support

What happens if the child support case is dismissed?

Then the non-custodial parent has no legal obligation to pay child support.

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Adoption
Custody
Child Support

Can a mother give up parental rights to a teenager?

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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Custody
Children and the Law
Child Support

How does joint custody affect child support?

Joint Custody and Child SupportJoint 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 among states). Because both parents provide for the child directly, the payment between parents may be less, but the financial support to the child is the same or higher than with sole custody.
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Custody
Child Support

Can a person be forced to pay child support after 20 years old if they never had to pay?

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, in Ohio and Michigan, the mother has until the child turns age 23 to file for 18 years of retroactive child support. The child can file after age 18 and the 23rd birthday. In all states, the father knowing he had a child is not a required consideration, however judges are raising this issue before approving an order, provided the mother was not on Welfare. If the mother was on Welfare, than it has to be repaid.

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Custody
Child Support

What can the non custodial parent do if the custodial parent does not provide a safe environment for the child?

The child should be removed from an unsafe situation and the non-custodial parent should request temporary physical custody.

If you do not have a lawyer you can go to the court in your state and get a emergency temporary order for custody, but be prepared to have compelling proof of the unsafe conditions in the custodial parents home. Child endangerment is a primary concern to the courts. A parent can be deemed unfit for not providing a safe environment. You must provide as much evidence as possible to compel the court to take action. You should hire an attorney who specializes in custody issues in order to get the best outcome.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child



The child should be removed from an unsafe situation and the non-custodial parent should request temporary physical custody.

If you do not have a lawyer you can go to the court in your state and get a emergency temporary order for custody, but be prepared to have compelling proof of the unsafe conditions in the custodial parents home. Child endangerment is a primary concern to the courts. A parent can be deemed unfit for not providing a safe environment. You must provide as much evidence as possible to compel the court to take action. You should hire an attorney who specializes in custody issues in order to get the best outcome.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child



The child should be removed from an unsafe situation and the non-custodial parent should request temporary physical custody.

If you do not have a lawyer you can go to the court in your state and get a emergency temporary order for custody, but be prepared to have compelling proof of the unsafe conditions in the custodial parents home. Child endangerment is a primary concern to the courts. A parent can be deemed unfit for not providing a safe environment. You must provide as much evidence as possible to compel the court to take action. You should hire an attorney who specializes in custody issues in order to get the best outcome.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child



The child should be removed from an unsafe situation and the non-custodial parent should request temporary physical custody.

If you do not have a lawyer you can go to the court in your state and get a emergency temporary order for custody, but be prepared to have compelling proof of the unsafe conditions in the custodial parents home. Child endangerment is a primary concern to the courts. A parent can be deemed unfit for not providing a safe environment. You must provide as much evidence as possible to compel the court to take action. You should hire an attorney who specializes in custody issues in order to get the best outcome.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child
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Custody
Children and the Law
Child Support

Can you still get child support if the father doesn't work but owns property?

This suggests that the father has some income from that property and therefore some ability to support the child[ren].

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Custody
Child Support
Narcissism

How dangerous is a narcissistic parent with joint custody?

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 narcissistic supply by basking in the glow of others, for instance his children, he can be okay as a parent provided the children are beautiful, high-achieving or posses attributes that the narcissist perceives as a positive reflection on him. A potential problem arises in adolescence, however, when children seek to differentiate themselves from their parents and are rejecting of their parents. At this point, I think the narcissist is likely to de-throne i.e. stop idealizing the child, and start devaluing the child. Best not to have children with them.

I have 5 children, 3 of whom are my dh's. I had to send my oldest to live with his father when he hit adolesence for his own protection. He comes to live with me on holidays and weekends. The only way to keep my dh from harming him, physically, psychologically, etc, is to threaten him. I have told him that if he ever touches him, I will call the police and have him thrown in jail in a heartbeat. He is scared to be exposed and for all to know that he is less than perfect, so this works. I also threatened this after he hit me once 4 yr ago when I was pregnant with baby #4. He has not hit me since, although he threatens to and tells me I should be hit to teach me to control myself. He thinks that spanking is the only form of discipline. One of the reasons why I don't leave him is because if he is alone with them, joint custody, I cannot protect them. With us living together, I can counter the harm he causes. A part of me hopes that he will do something that will cause me to be able to get full custody of the kids when I leave so that I don't have to leave them alone with him.

In short, a narcissist having custody of a child for half the time would be a bad idea. Keep a log and record conversations so that you have evidence when the time comes.

Whoever you are - please do not stay in the marriage thinking that you are protecting or diluting the harm done by dh. I am separated from my husband (NPD) in April shortly after finding him in bed with another woman (who had had an abortion just 7 days earlier - someone else's). Your children will be better off without that influence...you are only one person and unfortunantely your children learn more by example and what you are teaching them is that it is okay to put up with it. Not to mention the example you are showing of unnecessary self sacrifice and lack of self respect by tolerating that sort of environment. Believe me, God will protect you and provide for you. My mother made the same mistake and thought she was protecting us from my abusive NPD father's tactics...but I wound up marrying one...though not physically abusive. The damage is psychological and will affect there core self-esteem and abilities to make sound decisions and choices when it comes to people.

They will expose all the nasty bits about the spouse to the kids. That spouse in return is doing the same thing because he/she has just left the nastiest person they have ever known and can't help but expose them. My narcissist's spouse can be quite 'off' with the kids because they defend their dad to the hilt. This is because he has worked on them in his narcissist way.

If you give in to the N they will take an arm and a leg too, with as much concern as you have about rendering a turkey carcass into soup. I left my N 12 years ago, had no problem getting sole custody after his behaviour. I have tried to be a good person throughout, lots of access and involvement, not harping on about the unpaid child support. Not knowing that I was dealing with a mentally unhealthy person, I thought, well at least he's not alcoholic. And when you think everything is peachy-keen and everyone's moved on, you discover that this person has been a busy busy bee, working away behind your back... It has taken me a year of fighting to get any say in my son's life again. His dad made a complaint that we were physically abusing my son and transferred him to another school and then they told me it was my son's decision and I should go along with it. Then things began to descend into madness. Calls from social services, calls from the RCMP, death threats from my son; my 12 year-old offering to sue me for his Gamecube and then I find out that this man pulled his kid out of school and then lied - to his own kid, telling him he had been kicked out!....separated my 12 year old boy from friends, family and peers, away from all sports or social activity, rotting in a one bedroom apartment... and then I went through a lunatic merry-go-round trying to involve the school, social services, the police, anyone to look at the situation. This with full custody, SOLE guardianship, 2 police enforcement orders and a deadbeat dad with no formal education. I have had to explain countless times that I can't go to court for visitation rights! I have custody! Finally, now that my kid is in psychiatric care and the hospital brought in a team of lawyers, now that I have taken this the whole way to our MLA (member of legislature) and put social services on the line for their past mistakes, now I am finally getting some recognition as the parent willing and able to act in my son's best interests. It has been a long road. Never leave yourself open with narcissists; they are deviant way beyond anything a normal thought process can anticipate and they will NOT change unless maybe with years of therapy. Your child doesn't have years.

The narcissistic parent (NP) will generally badmouth the other parent, and will try to turn the children against them. My father almost succeeded with my younger brother, but fortunately, my mother, siblings, and I were able to help him. The NP will also badmouth the siblings who don't buy into his false presentation. Common phrases used are "don't tell your mother, but..." or "don't tell your sister/brother, but..." or "don't tell ______that I said this, but he/she is ______."

The best course of action (speaking from experience) is to minimize contact and explain to your children what narcissism is.

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Child Support

How does child support effect a new spouse?

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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Custody
Children and the Law
Child Support

In Arizona if you sign over your rights to your child will you still have to pay child support?

Yes, until/unless the child is adopted.

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Relationships
Children and the Law
Child Support

Does child support stop when the mother gets married?

No...the father still has to provide for his kid till 18 sometimes longer

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Custody
Children and the Law
Child Support

Can an unmarried mother keep child from father?

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 on the state laws, and if it shows he is the father, then again, he can take you to court for visitation rights.

If you are married to the person, they are on the birth certificate and you split up, without a parenting plan, in place ordered by the court, there really isn't much he can do if you do not let him see his child, until he takes you in to court.

For your child's sake, do everything in your power to make peace w/ and work together w/the father of your child. When the parents battle against each other, especially in front of their child it TRULY effects your CHILD'S self-image, self-esteem and they become confused about who they are suppose to be.

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Child Support

Cash child support payments and no proof?

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 to the disbursement unit in your state), and don't ever make cash payments!

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Labor and Employment Law
Children and the Law
Child Support
Child Labor

What is the overall conclusion of child labor?

chea wizzz well child labor is a human rights issue and it should be stopped soon

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