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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
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Call the police and report it. * The custodial parent has the legal right to refuse visitation to the non custodial parent if it would place the child or children in jeopardy of harm or neglect. DO Not call the police. Contact the attorney who handled the custody case or if that is not possible contact the state's department of family and children's services for assistance.
What is the definition of child support?
Generally, in a divorce when one parent is awarded the custody of the children, the other parent is ordered to pay child support so the child can share in the standard of living of both parents. It is the amount of money the non custodial parent must pay to help meet the expenses associated with raising their child on a daily basis.
When determining the amount of child support, the courts must consider the state child support guidelines, the parents' income and earning capacity and the amount of time the children spend with either parent. Child support must be paid until the child is 18 years of age. If the child is living with the receiving parent and is in high school, child support will end when the child completes 19 years of age or graduates whichever occurs first.
During periods of visitation, the non-custodial parent has the duty to provide food, clothing, shelter, etc., and the right to consent to emergency medical treatment only if there is an immediate danger to the health of the child. Other rights can be written into the decree at this time. Unfortunately, most lawyers overlook this. But, judges have indicated a desire to grant a caring parent those additional rights which has demonstrated the parent can be expected to carry out in a responsible manner. See related link
Can non custodial parent flee the country to avoid paying child support?
The US has agreements with several countries to enforce support. Unfortunately, there are a lot of practical problems in doing so, and many countries are uncooperative, or just slow.
If you sign over your parental rights do you still have to pay child support in florida?
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.
Can a father who has not been around since birth get custody of a child?
Yes, but the answer depends on the details. Perhaps the father didn't know of the child. If the mother has been found unfit the father is next in line as long as he is suitable. If the father has matured and wants to be part of the child's life after not being around at first, the court may award joint custody or at least a visitation schedule and child support order. You should visit the court and ask to speak with an advocate, or consult with an attorney who specializes in custody issues.
How do you calculate child support with shared parenting and equal income?
It depends on the state. Every state has child support guidelines that provide a formula for assessing child support.
In some states both parents would just pay the child's expenses while the child is with them. In other states the court looks at mom's income and dad's income, adds the two together, figures the percentage of the total income each one makes, looks at the child support chart, and figures that percentage for each parent. In cases like this one parent can still owe the other child support.
Example: Mom makes 20,000 and dad makes 40,000. The total is 60,000. the state child support chart says that at 60,000 a year total, the total child support per month is 1600. to figure who owes what, take 20,000 (mom's salary) and divide by 60,000 (total income). Multiply answer by 100, so 20,000/60,000 = .33333 x 100 = 33.33% . Dad is 40,000/60,000 = .6666 x 100 = 66.66%. In this example if the total child support per month is 1600, then mom is expected to provide 533.33 per month and dad provides 1066.66 per month. Now here's where it gets complex. If both parents have child equal amount, then it would take 800 per month per parent to support the child (1600 in child support divided by two homes). Since mom makes 533.33 per month, mom would need (800-533.33) or 150.00 per month, which dad would give to mom.
If the amount of time parents have the child is not equal, then there is a different formula and it depends on the state. Also the percentage of total family income that goes to support the child varies by state. But this gives you an example of how it is calculated. Extra medical expenses as well as day care can be added in as well.
Can father relinquish parental rights AZ?
Yes. Such an action must be filed in the court of jurisdiction (where the child legally resides). However termination of parental rights does not automatically terminate child support obligations. This usually happens only if the child is being adopted. All that termination of rights will accomplish is ending the right to see their child or have any say-so in their lives.
Can mother claim for her child from her husband after divorce?
Only if the child is living with her and she has rightful custody. If the child isn't living with her or she has no right to him it would be considered fraud since she isn't supporting him in anyway.
How long do you pay child support in Alaska?
Until the child becomes emancipated which is typically the age of 18, unless the child continues their schooling as a full-time student. Some children will continue school at a college or university. In that case, child support continues until they graduate or stop attending as a full-time student. An individual is considered a full-time student as long as he/she enrolls for a minimum credit load of 12 semester hours. This usually means four courses per semester.
In a child support case what does it mean with the court has enter a motion of default?
It means that the defendant hasn't shown up in court and the court finds on behalf the plaintiff.
Can you get reimbursed for child support payments?
I can't imagine where such reimbursement would come from.
If the obligated parent has documentation that he or she has overpaid his or her child support they have the legal right to request reimbursement from the custodial payment and/or state agency. If the person and/or agency refuses the obligated parent can initiate a civil suit to recover the monies paid.
However, there must be clear and indisputable evidence that an over payment has been made.
How can a file for custody of a child be dropped?
neither of you (the parents) reply to letters or meetings.
Answer
The person who filed for custody should return to the court and withdraw their petition for custody. The court can tell you what form must be filed.
Can you claim benefits for child with ADHD?
yes you can,i have dyspraxia and im going to be claiming very soon
It depends on what "rights" your husband has. If he has joint custody, then the mother probably needed court approval to take their son out of the state. If he doesn't have joint custody, but he does have visitation rights (such as weekends, holidays, vacations, etc.), then she probably can't legally keep him from seeing his son. You need to speak with an attorney, or someone with Legal Aid if you can't afford an attorney, and determine exactly what rights your husband has. Even if the mother can legally keep him from seeing his son (a most unusual situation), voluntarily relinquishing parental rights is tantamount to abandonment in many people's eyes and should be carefully considered before undertaking. Good luck. * If there is court order of visitation the mother must allow the father vistation rights or be cited for contempt of court. If there is not a court order the custodial parent (in this case the mother) can allow the father to visit when she chooses or deny the right if she has a valid reason for doing so. If the couple were not married, then the father only has those rights which have been granted him by the court.
It's a difficult question to answer without knowing the specifics. The simple answer is YES, if your kids are being raised by their other parent and you have financial means and they do not.
Yes, I've helped fathers do that
Assuming that the support was paid to the custodial parent and was not through the state's division of child enforcement then the court might waive the debt.
Generally a voluntary relinquishment of parental rights is granted to allow the child/children to be eligible for adoption.
A TPR is not meant to be a legal venue for a parent to be relieved of the financial obligation to their minor children.
Can they take state and federel for child support arrears?
state and federal will do that and more. yes...the fed's take back child support not sure about state however it's not impossible. if you are married to a person who pays cs and you are getting a return together you will need to file a injured spouse form that way they will not take your return however they can take a portion of it.
Can you put your husband on child support if separated?
if you have the child. And even when he does.
Yes, unless it is owed to the State as reimbursement for assistance furnished to the child[ren].
