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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

Can a unmarried mother take a child from Ireland to England without the fathers consent if he has primary custody?

If he has primary custody or even visitation rights, you cannot take his child far enough away that he cannot readily exercise his custody/visitation rights unless he gives you permission to do so.

I am married but separated from my husband we have a 1 year old child and I have custody with no order What are your legal rights until you get a custody order you live in MN?

You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.

Which states does the non biological father pay child support?

All of them, once paternity has been established by either genetic testing; presumption, where the parties were married when the child was born/conceived; acknowledgment of paternity either in writing or in open court; default, where the alleged father fails to cooperate in the process.

If non custodial parent owes back child support and the child goes to live with the non custodial parent does the custodial parent at that point have to begin paying child support?

Yes, in most circumstances. However, you need to notify the court of the change in circumstances as soon as possible. The existing child support order and custody order will remain in effect until the court is notified. You should be aware that any child support arrears that accumulated prior to the modification of the existing court orders still need to be paid.

How do you change account numbers for direct deposit on child support?

If the payments are being made via a state agency (DCFS, CSE, etc.) contact that agency and explain to them what is needed. This applies to a garnishment order also, the agency will contact the employer with the new information.

Do you have to pay child support for the rest of your life?

You need to review your particular child support order for the terms and length of your obligation. If you owe back child support the debt remains until it is paid.

How much child support will you get if the father makes 1100 biweekly?

You could receive up to 1100 dollars per month with this income from the other parent. Most states will allow up to 50 percent of the payers income to be garnished for child support.

If the non-custodial parent lets you do something that your custodial parent will not let you do can your custodial parent sue?

It depends on what the activity is, which parent has legal custody, existing court orders, good judgment, safety, a whole host of factors. The parents should discuss the issue and come to an agreement. If it's a dangerous activity that results in damages and costs then the answer may be yes. The situation would need to be reviewed by an attorney who is familiar with the laws in your jurisdiction.

What kind of custody does a family member need to have a child live in their house Mon-Fri and with the parents only on weekends?

You need a power of guardianship to be certain you have rights to make decisions concerning the child's welfare. This can be a hand-written power of guardianship that the parents give to you. Google to find example of power of guardianship papers.

Can a child support arears be erased if paying parent becomes disabled receiving SSI not SSD?

No, though the SSI is not attachable, the arrears will remain, and gain interest. This benefits the state, as they can continue to claim annual federal matching funds of 15%.

Can Florida order child support on or after child's 18 birthday?

"Absent a finding of physical or mental deficiencies, there is no legal duty to pay child support beyond the age of eighteen. Even though most parents willingly assist their adult children in obtaining a higher education, any duty to do so is a moral rather than a legal one, absent either a finding of legal dependence or a binding contractual agreement by the parent to pay such support."

Carlton v. Carlton, CASE NO. 2D01-893, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, May 17, 2002.

In Indiana can a person sue for child support all the way back to when the child was born if there was no order placed for child support and they regained custody 4 years ago?

I'm not sure about Indiana, but in some states, if the parent "knew OR SHOULD HAVE KNOWN" the other person becam pregnant and/or had a child, they can go back to birth and up throughthe years they had custody.

Why do they have to take into account how much money you make to determine child support when you have primary physical custody?

If a man/woman makes $1100 every two weeks, they live modestly, then the courts aren't there to have someone pay every cent they own to pay child support and are left out on the street. Both parents have to live and be self-sufficient. So, the courts take into consideration what that person makes and what each partner must be responsible for. If the mother of the children has a good career and makes good money and the husband only makes a modest earning, then the courts will take a percentage in most cases off the ex husband. It's fair. Often parents are simply in a war between each other and the children are the least of their worries. It's about what one parent can get off another, and not what is fair. Why should a woman get all of her ex's pay check when she makes a good living and vice-versa. If both parents make good money, then both should pay the same percentage. Marcy

Who gets custody of an unborn child?

The child's parents, if they are legally married.

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.

If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order

Is there a way in Idaho to stop paying child support arrears if you find out you are not the father after the child is 18?

If you were married to the mother at the time of the child's birth, it is yours. You would have to go back to court to make a change. At this point, you need to pay up and move on.

Should the non custodial parent have rights over grandparents?

Yes. The parent's rights should be and are paramount to any rights the grandparent's may think they have.

If I pay child support weekly from by check which includes a back owed amount can I have the remaining back owed amount off my credit report?

not till it's payed off. its just like any other debt. My dad got a loan to pay it off, then had to fight to get it off. YOu only have to be able tosay the info on the report is incorrect, then they have 30 days to prove or disprove your comment then it has to be removed. Check out the federal credit laws online orst your local consumer credit counseling office for more info.

How do you file a TPR?

You will have to go through your county court system to file a TPR. It is ultimately up to the judge to decide if you can terminate your rights to a child though.

How will the court know your ex is receiving an inheritance for them to take towards back child support?

You need to take action ASAP and ask the court for a court order that can be filed in the estate so you can freeze the inheritance.

You need to take action ASAP and ask the court for a court order that can be filed in the estate so you can freeze the inheritance.

You need to take action ASAP and ask the court for a court order that can be filed in the estate so you can freeze the inheritance.

You need to take action ASAP and ask the court for a court order that can be filed in the estate so you can freeze the inheritance.

How long can child support be suspended?

Indefinitely, until the courts determine that support should be reinstated.

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