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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
How do you protect spouse from paying child support?
If spouse is ordered to pay support by a court, until another court changes that, you cannot "protect" the spouse.
United States
State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit parent.
If the grandparents want custody they would need to prove in court that the surviving biological parent was unfit to take proper care of the children. The grandparents have a better chance of success if they can prove the surviving parent was not involved in the child's life and that they had a parent-child relationship with the child, took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods.
That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the US
Can an ex wife sue father of her child for the new wifes house for back child support?
The State can place a lien on the house if the father is on the title.
Not as long as it doesn't interfere with the access rights.
In NJ is the custodial parent responsible for transportaion if the non-costodial parent moves away.?
My experience in court on who is the responsible party for transportation if a parent moves is that It is the judges decision to decide who is responsible for transportation if the non-custodial parent moves away. In my case, I was the custodial parent, thererfore the non-custodial parent was responsible for pick up and drop off curb side for visitation.
I have also seen another case where the custodial parentwas responsible for transportation when the non-custodial parent moved out of state. Reason why this was is because she used the court system for un-nesessary reasons just to hurt the other party and it back fired. So really it hurt her in the end. She had to drive 1 hour to and 1 hour back every visitation out of state. Being a mother and working full time is hard enough.
If you filed with your county, you are familiar with the procedures in filing for all issues dealing with family court. All problems are to be discussed along with a mediator to determine an agreement between both parties. After both parties have reached an agreement, they are to be heard and discussed in court and a " Consent Order " is signed by a judge in which both parties have to follow. Sometimes circumstances change, therefore the Consent Order can be revised. In my opinion, most cases should be settled out of court and handled like adults. In NJ, especially Camden County, the court system needs to be revised for all family court issues.
Which states is child support through college?
Arizona to age 21
District of Columbia to age 21
Iowa to age 22
Massachusetts to age 22
Mississippi to age 21
Missouri to age 23, with a requirement of 5 credit hours minimum
Utah to age 21
Washington to age 22 plus college expenses
see links
yes, see link
Yes. see links
Ans 2.
The father has the option to waive his rights if he wants to, and if he can convince the judge that he is sane, sober and not under coercion as he does so.
This has nothing at all to do with child support, which is not his right, but his responsibility. In general the mother can't waive child support either, because support is her child's right, not hers.
THAT IS CORRECT.....unless the child's mother has re-married and her husband wants to adopt this child, that would release the biological father from paying child support.
In Texas is it legal for an employer to charge you a fee for garnishment of wages for child support?
Yes. Most states charge a nominal fee for garnishments, a few states charge a considerable amount or percentage. In Texas the amount is a maximum of ten dollars ($10.00) monthly.
If a newborn is really in physical danger, get ahold of Social Services and they will probably help the mother and child leave the area.
That someone should have confirmed paternity at the time the child support was ordered.
That someone should have confirmed paternity at the time the child support was ordered.
That someone should have confirmed paternity at the time the child support was ordered.
That someone should have confirmed paternity at the time the child support was ordered.
What if a father agrees to pay child support outside of court?
DON'T DO THAT! Get a court order with a definite termination date and make your payments to the court or to the State disbursement agency.
Did you establish court ordered parental rights. Single fathers have no such assumed rights in the US. Are you paying by way of a court order? If not, you have been sending gifts, not child support and you still owe it. Without court orders, she can do whatever she wishes with her child as she has 100% custody and control. You will need to get something filed immediately with the courts. see the links below for help
When a mother terminates her rights who does the father pay child support to?
Probably to the County Social Services Dept. if the kid(s) are in foster homes.
When do you receive garnished child support check?
Most garnished support is sent to a State disbursement unit. How quickly it's distributed depends on factors such as how quickly the employer or other payor of income forwards the garnished funds, the level of efficiency of the disbursement unit, whether there is an appeal pending in that matter, and whether the State is owed some of all of the garnished funds.
The parents are liable for support to the State, unless/until the child is adopted. Losing one's parental rights does not terminate one's legal responsibility.
Signing over guardianship of a child signing away your rights?
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 an ex wife sue a new wife for child support?
No. In general only biological or a legally adoptive parents are responsible for the financial support of their children. The exception might be a stepparent who did not adopt the spouse's child/children could be made liable obligated for support if the marriage ends. However, such incidents are rare and solely based upon the existing circumstances related to the individual case.
Why should you seek permission from a child's parent before taking a child on an excursion?
The parents need to know where their child is and who they are with. This protects the child and the person who takes the child someplace.
Why do you have 2 case child support case numbers since child went into state custody?
It's possible, e.g., that one number is being used to track support owed to the other parent and a separate number to track support owed to the State(s).
What do a father on child support do about carrying his child on his income taxes?
He can only claim the child as a dependent if there is a clause in the divorce agreement which allows him to claim the child or if he is the primary caregiver and there is no divorce agreement. You should always consult a lawyer or a tax consultant first though. The laws may vary depending on the state in which you reside. Check with the IRS website and your state rules.
In the state of Indiana can a parent sign over temporary custody if social services has the child?
Not usually no. The reason why is that when any change in custody or modification to custody is proposed that would significantly impact the child's life (and a change in custody is considered just that), the court investigates as they must determine whether such a change or modification would be in the best interests of the child and whether or not the grandparent would be a suitable guardian. CPS is their arm to do so. Just thinking about it makes me shudder.
To protect your rights and your future rights to your children, I would strongly suggest you proceed only with the assistance of an attorney. There may be ways around directly involving CPS in a custody transfer or guardianship or he/she can inform you of the best way to proceed and prepare if it cannot be avoided.
