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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.

8,359 Questions

Does the IRS override the decision of the supreme court for claiming a child for taxes the father doesnt contribute 50 percent of child support and the child never resides with him?

IRS Deduction

Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year. It can be found at http://www.irs.gov/pub/irs-pdf/f8332.pdf

The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent.

Time spent in Day Care and/or School is deducted from the total.

I need to modify my child support. The mother is now married and has additional income from her military husband. I am also married now and have another child to support. I make less than the original support order. Can I complete the form myself and file?

You can file for modification on the basis of a lower income. You cannot file for reduced child support because she is now married, though you could use that as a basis to terminate alimony.

Why is your 6-year-old child constantly complaining about feeling cold even in 35C heat?

He/she may not understand the meaning of "cold" and could be using the word to describe some other feeling. It might be a good idea to find out what the term means to the child and see if you can figure out what is really going on. If the child truly is feeling "cold", perhaps there is a low-grade fever. Take your child to the doctor and have a T3/T4 blood test done on him for thyroid.

Is a fetus a child?

Answer: Not medically as long as it's not viable. After that it has rights as you and me. Then people have their own opinions based on their feelings.

Answer: Since some believe life starts at conception, they do, in fact, consider a fetus an "unborn child", regardless of what a fetus is considered medically.

Mother of your kids wont let you see them and you pay child support?

You have a legal question which was determined by a court when your child support was established. It is covered by your court order. What can be done depends on the court order. You may need to go back to court or see a lawyer.

Who is the father of Jennet Humfrye's child?

According to the play, Nathaniel is Sam Daily's illegitimate son. That's the reason why his other son is Jennet's first victim.

How long does a mother grieve the death of a child?

As long as it takes. The death of a child is particularly difficult; they weren't old like your grandparents....

The grief process differs for different people. My sister cries every year for her baby who died of SIDS. She would have been 23 this year.

There is no simple answer, like "6 weeks"; talk to your counselor, pastor, spouse, friends and look at it one of two ways (depending on your beliefs)... that they are either in a better place, or they feel no pain.

Best wishes.

personally, i think it would take you a long time to get over it. just make sure you don't bottle it up inside and that to have a good long cry with a friend by your side.

How do you answer a motion to dismiss on a child custody case?

This would be different in almost every state.

Basically, if the well-being of your children is important, you really should get a lawyer to review the motion and file a response to it. In many areas the court can direct you to free legal advice in your area.

What if the mother said the child was dead and the father didn't know about the child until the child was 7 years old?

The father can request a DNA test through the family court and once paternity can be established he can request a visitation schedule and pay child support.

The father can request a DNA test through the family court and once paternity can be established he can request a visitation schedule and pay child support.

The father can request a DNA test through the family court and once paternity can be established he can request a visitation schedule and pay child support.

The father can request a DNA test through the family court and once paternity can be established he can request a visitation schedule and pay child support.

How can I appeal permanent placement of a child that has been established?

You would need to consult an attorney on this, especially for your state's laws. However, the only possible path you could take is establishing or proving a drastic change in circumstances.

In Texas can a 17-year-old go live with her aunt without her custodial parent's consent if the non-custodial parent says it's ok and how can the aunt make it legal and can she collect child support?

The choice of the non-custodial parent would not supecede the decisions made by the legal custodial parent. The aunt would need to petition the court for legal guardianship of the minor. Whether or not child support would be ordered is questionable and would be a decision left to the presiding judge. The aunt would need to present substantiating evidence of why the minor should be removed from the biological parent's custody. Generally the only acceptable reason would be proof of neglect and/or abuse. The person applying for guardianship is responsible for all court costs and applicable legal fees.

Can a mother in California take her baby to Colorado with out fathers permission no courts are involved at this time?

Yes, but he can stop it or have an order created ordering a return of child to the California jurisdiction pending a full court hearing. This can be done up to six months after the move. I teach fathers how to do this.

When do you stop paying schild supprt in South Carolina when your child is 18 and not in college?

See Link Below

Child Support Age-At what age does child support stop and what steps need to be taken to bring this about?



Can I stop child support from garnishing my wages if I don't owe anything in back child support ?

Court dates can be postponed for any number of reasons. If it appears this is a stalling tactic by the other party, you may want to have your lawyer file contempt.

What is post-majority educational support?

Post-majority educational support refers to assistance provided to individuals who have reached the age of majority (typically 18 years old) but are still pursuing their education, often in the context of foster care or child welfare systems. This support can include financial aid, mentorship, and resources to help these young adults successfully transition to independent living while completing their education. It aims to bridge the gap between adolescence and adulthood, ensuring that they have the necessary tools and resources to achieve their educational and career goals.

Who will gain custody if the mother is deemed unstable and the father is an illegal residen and the child has been with relatives for quite some time?

The relatives can get custody if both the mother and father are rejected by the judge as fit parents. I have seen it happen, the best thing to do for your case is to document everything. If the mother does something that proves her unfit to be a mother, write down dates and times, keep a journal and present it to the judge. Are the mother and child U.S. citizens? The issue of the father being an illegal foreign national does not necessarily mean he will be subject to deportation or to the loss of custody of his child. Although any interested party may give testimony at a custodial hearing, the judge makes the decision as to whether or not a parent(s) is unfit based on the information acquired by the department of family services investigation. There is no way to predict what a judge will decide as the decision is based upon the best interests of the child and not on the preferences of other persons.

Can you get divorced in California before child support and alimony is decided?

Both need to be part of the divorce agreement--or else you'll just end up in court again, spending more money.

Answer

No. The divorce decree signifies the marriage is over, that all matters between the parties have been resolved, and the parties have no further claims against each other.

Separation agreements that are incorporated into the divorce decree have a clause to that effect. The courts are extremely busy. They do not have the time to hear divorce cases in a piecemeal fashion. They do not allow you to take care of only one part of the dissolution of the marriage and come back later for the rest. It must all be settled when the decree is entered.

If necessary both alimony and child support orders can be modified by later court orders if the circumstances change.

Should a custodial mother file a child support modification when her child was legally adopted?

Who legally adopted the child?

If the mother's new husband legally adopted the child, then the biological father's parental rights had to be terminated first. Which means that the biological father is NOT obligated to pay child support anymore. The new adoptive father has taken on all rights and responsibilities for the child.

What does motion to modify parent child relationship mean?

Pretty much exactly what it says.

The most common use of the term refers to a legal request that a court change the visitation or custody terms in a divorce decree.

How do you get troops back from support in grepolis?

click on Agora and find "troops outside city" and hit the first tab if u want them all back, and hit the 2nd one if you want some troops back

Can they stop you from leaving the country if you stop paying child maintenance do not have the money and unemployed?

You can't just stop, that would be breaking the court order and then they can stop you from leaving the state and you can even go to jail. If your income changes you have to go to court to have the child support modified.

Why are child support laws unfair to men?

It depends on where you live. In Australia, child support (known as MAINTENANCE) is paid at a percentage of non taxable income (just above net income). This is paid by whichever pareent does NOT have RESIDENCY of the child. Here CUSTODY refers to whatever parent/s have responsibility for the child's life (schooling, religion, welfare everything a parent normally does). Generally, both parents have shared CUSTODY and alternating RESIDENCY from 0:100 to 50:50. There is also a Governmental child assistance payment which is linked to the RESIDENTIAL patent's income and goes up or down according to what they earn. Here it is pretty fair. MAINTENANCE is not in any way linked to ACCESS or CUSTODY, a paying parent can also ruduce their payments by agreement or through other recognised financial assistance such as School fees, mortgage assistance, car or loan repayments etc. If the RESIDENTIAL parent moves away with the child, the paying parent can ruduce MAINTENANCE further due to the cost in ACCESS. What is usually unfair is the division of assets. Both personal and professional experience have shown that one parent may end up with 110% of assest and the other parent with -10%. This occurs when one parent hide superannuation money or other funds or makes a claim against funds which were not part of the relationship such as prior earnings. What is also unfair, it is generally assumed in Victoria, Australia that men cause the majority of violence in relationships. The opposite is the case here (professional facts and figures). More men are assaulted by women, however the men rarely make formal complaints. This is also reflected in culture where advertisements show women assaulting men (minor strike with rolling pin or verbal aggression). However laws are in place prohibiting advertisements where a man assaults, berates, yells at etc a woman.

Who is primary when the exwife is to have coverage on the kids by court and doesn't but the stepfather and father have coverage and the father's birthday falls first and has had the policy longer?

If your ex-wife is not covering the children and is under court order you can take her back to court for contempt. You can choose to cover the children if you want, you are not legally obligated to, but it is in the best interest of the child(ren) to have coverage.

AnswerThe courts may see the ex-wife as providing coverage via her husband, the step-father. This is something for the attorneys to decide, just in case you feel you haven't thrown enough money their way...Regardless, MOST (but not all)insurance companies go by the birthday rule, when determining primary coverage on dependent children. The person who's birthday falls fist in a calendar year is the primary coverage. Meaning if your birthday is January 5, and the childrens' step-father's birthday is March 1, then you are primary insurer via the birthday rule. This rule can be nullified if there is a court-order staing anything different. AnswerNormally if there is a court order provided by law the ins carrier will go by the court document. If the court document is stated that either natural parent should carry the ins as primary first then the other pickup as secondary then that's how the claim should pay. If the primary parent does not have coverage under their own name/ssn and is held under the step-parent, that is still considered as the primary. Birthday rule is really applied if the parents are still married but has separate coverage covering the dependents on each plan. If the parents are separated with no court ordered document then it is based on where the child resides. Your insurance carrier should have a book on coordination of benefits regulations that will throughly describe how cob should be handled in different cases.
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