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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

Neither parent has custody and the mother lives with the grandparents. Can a father give up rights to a child if the mother doesn't?

Generally:

First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.

In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.

Generally:

First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.

In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.

Generally:

First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.

In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.

Generally:

First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.

In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.

Child support in charlotte North Carolina?

Assuming a question exist here, the same a in the rest of the state. The basic child support obligation is determined using a schedule, based on the parents' gross income. Gross income means a parent's actual income from any source, except benefits received from public assistance programs.

see link

Can my x- husband take me to court to get his child support termanated even if shes not living with the mother and the divorce degree states that she is allowed that support until she is 21 years old?

if the child is not living with you, then the money needs to go directly to the child, not to you, so yes, he can take you to court, unless you can prove that you are also supporting your child with the money he has sent you.

Is it ok for your ex to let your kids live with someone else when you pay her child support?

NO it is bot okay take it to court and get your kids and if you can prove that se hasn't had them she may hveto pay you back

Can amended information be used in a support modification case?

Generally, yes. You need to visit the court as soon as possible and ask how to amend the petition or any other document that needs to be amended.

Generally, yes. You need to visit the court as soon as possible and ask how to amend the petition or any other document that needs to be amended.

Generally, yes. You need to visit the court as soon as possible and ask how to amend the petition or any other document that needs to be amended.

Generally, yes. You need to visit the court as soon as possible and ask how to amend the petition or any other document that needs to be amended.

If a parent wants to terminate his rights to a child but the other disagrees can that termination still go through the court system?

Yes.

Either parent can file a voluntary termination of parental rights.

The judge will decide if it should be granted based upon the best interest of the child.

A TPR is not a means for the parent to escape financial obligations to their children. It is generally granted to allow the child or children to be eligible for adoption.

Can you impregnate a child?

No, a child cannot consent to sexual activity, and any sexual contact with a minor is illegal and considered a serious crime. Additionally, the ability to conceive depends on the individual's biological maturity, which varies by age. It's important to prioritize the safety and well-being of children and to ensure they are protected from exploitation and harm.

Could tests be performed to support the claim?

Yes, tests can be designed and conducted to support a claim by systematically evaluating specific variables and gathering empirical evidence. This involves formulating a hypothesis, selecting appropriate methodologies, and analyzing results to determine if they align with the claim. Additionally, reproducibility and peer review can enhance the validity of the findings. Ultimately, rigorous testing can provide a robust foundation for substantiating or refuting a claim.

How do you get a change of venue from one county to another in Texas?

You or your defense attorney will have to file a motion for the change of venue to the court. A hearing will be held prior to the trial and you will have to argue why and for what reason you are requesting the change. Usually its because the defendant can not have a fair trail in the original county where the charges where filed. This is usually due to high publicity cases where there is intense media coverage.

Is there a motion you can file to gain custody immediately?

If no custody orders exist, a motion for temporary custody can be made while in possession of the child. An emergency motion for custody can be filed with evidence of immediate danger to the child.

Can VA disability payments be garnished for child support in ny?

The Quick Answer is, No, "Ganishment" is not the legal process for splitting up the VA Compensation Payments. There are similar sticky questions.

Can a judge do anything they want with judicial immunity?

The answer is yes. It's up to the lawyers to present the law and convince the judge. If they fail to do that the court can and has in many cases made improper rulings.

Is VA Compensation supposed to be used by the court to do child support?

No.

Is VA Compensation the same as disability?

No, this mistake is common because a disability is an eligibility requirement. If you are hit by a car, the insurance company will pay the medical and costs to fix your car in restitution for the accident. It is also not a benefit. You wouldn't call a military funeral a benefit. Benefits are things like reduced camping fees. VA Compensation is restitution.

Is it legal to use VA Compensation for Spousal Support?

No, both the cases of Mansell v Mansell and Rose v Rose demonstrate it was excluded for spousal support. However you have to go back to the Tennessee Court of Appeal to see they overruled the lower court on the spousal support. The Supreme Court applauded and agreed to their interpretation on page 481 at 625. Justice O'Connor provided a dissenting opinion to this matter but prefaced this opinion by stating the other 7 justices disdain her opinion. When the US Congress responded to the case with the Department of Veterans Affairs Act of 1988 they made no change to the section 3101 she identified when it was made 5301. It has gone unchanged since 1988. In not so subtle words, telling her Congress disdains the opinion as well.

Is it legal for the COURT to use VA Compensation for Child Support?

Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1975 to 1987 the answer is yes.

From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety.

38 USC § 211 - 1987

"The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans."

38 USC § 511 - 1988

"The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise."

This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents.

Is it legal for the Department of Veterans Affairs to divide VA Compensation?

Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process.

The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment.

When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents.

The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.

The mother wont let me see my child now because she doesnt like my current girlfriend. If I get a court order to pay child support and I do that wont that give me parental rights to see my child?

No the child support does not give you parental rights, Speak to the Local bracnh of Citizens Advise. You should have parental rights peried but to us men they are not worth the paper they are on. Law always sides with mother.

If your ex has agreed to stop all future and back child support payments how do you go about doing this?

You file a motion in the venue where the order for support was entered. Please keep in mind that oral agreements between parents to modify/terminate support are not worth the paper they're printed on.

How much can be deducted from noncustodial father for 3 kids child support and health medical insurance coverage?

You need to check under the laws in your particular state. States now have schedules that have made that type of issue more uniform. Visit your local family court or the court that made or will make the child support order and inquire there.

You need to check under the laws in your particular state. States now have schedules that have made that type of issue more uniform. Visit your local family court or the court that made or will make the child support order and inquire there.

You need to check under the laws in your particular state. States now have schedules that have made that type of issue more uniform. Visit your local family court or the court that made or will make the child support order and inquire there.

You need to check under the laws in your particular state. States now have schedules that have made that type of issue more uniform. Visit your local family court or the court that made or will make the child support order and inquire there.

What supports and protects the state?

Good question. Some would say the State's monopoly on violence (via the police force and military). Others would say the State's legitimacy (i.e., its citizens' belief in the State's right to govern), based on factors such as the strength of the economy, fairness of taxation and the consent of the governed.

Who gets more child support first child's mother or second child's mother?

No one gets "more"; it's based on income. The first child's mother is no more special & does not deserve any more than the second.

What is the penalty for perjury in a child support hearing regarding payments received from non-custodial parent?

The reason for the perjury is not the primary issue. The primary issue is the perjury itself, which is showing contempt for the authority of the court. Penalties can range from fines to jail.

However, money received outside a child support hearing are considered gifts, so claiming one OS not receiving child support may not necessarily be a lie.

Can a child be annointed?

A child can be anointed with Holy and Consecrated Oil so that they may receive a blessing to be healed.

What happens to back support when receiver dies?

The money is still owed to the estate. This is money that should have been available for the support of the child, and the estate is less because that money wasn't received. In all likelihood, the child is going to get the money at that point.

What does FRG support include?

Government Office Space and Equipment

What does it mean when California is trying to have your child support order reviewed?

This is a requirement placed upon all the states under the 1988 Child Support Enforcement Act. Reviews must be performed at least every 36 months. See link for more complete info on child support.

How many processes will need to be terminated?

To determine how many processes need to be terminated, we need specific information about the context or criteria for termination, such as resource limits, performance issues, or user commands. Without this information, it's impossible to provide an exact number. Generally, monitoring tools or system administrators assess processes based on their resource usage and impact on system performance to decide which ones to terminate.

Trending Questions
If Im paying disibility to your kids out of your dis check if the mother goes on welfare do you still have to pay child support? Your wife as two children from different fathers One father as never been around and the other as not had contact with his child for a number of years and doesnt support in anywhy what proceedures do? Can you file for custody of your grandson without a lawyer and what if any are the procedures for filing child abandonment charges? How can you prevent the non-custodial parent from collecting the child's social security survivor benefites if the custodial parent dies? If father gives full custody to mother does he have to pay child support? How can a mother who's been diagnosed with Bipolar Skitzophrenia have custody of a child? Can a women give her child a mans last name without his consent and he didnot sign the birth certificate? When there is no custody agreement what can be done when a father refuses to return the child to her mother unless she pays him money? You are a 100 disabled veteran and your ex wife has attempted to alienate your children from you Do you have to pay support? If the birth mother was using medicaid to pay for her pregnancy and the birth of her child do the father have to the money back? Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father? Can a custodial parent get more child support when their teenage children choose not to visit their non-custodial parent? What is the procedure to stop child support payments in new york? What to do when the non custodial parent will not bring the child home after visitation is over? What if a single mother drops child off with father and does not come back? Does child support arrears stop once the child is grown and no longer living with the mother? Do you continue to receive child support in North Carolina if your child quits school? Does filing jointly affect child support? If military wages are currently garnished for child support will or can garnishment continue out of retirement pay? Do you have to pay child support if you are not on the birth and have no paternity test?