0
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 noncustodial parent find out about their child's grades?
The Family Educational Rights and Privacy Act (FERPA) sets out requirements designed to protect the privacy of parents and students. In brief, the law requires a school district to: (1) provide a parent access to records that are directly related to the student; (2) provide a parent an opportunity to seek correction of records he or she believes to be inaccurate or misleading; and (3) with some exceptions, obtain the written permission of a parent before disclosing information contained in the student's education record.
The definition of parent is found in the FERPA implementing regulation under 34 CFR 99.3.
"Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.
Section 99.4 gives an explanation of the rights of parents.
An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody, that specifically revokes these rights.
This means that in the case of divorce or separation, a school district must provide access to both natural parents, custodial and non-custodial, unless there is a legally binding document that specifically removes that parent's FERPA rights. In this context, a legally binding document is a court order or other legal paper that prohibits access to education records, or removes the parent's rights to have knowledge about his or her child's education.
Custody or other residential arrangements for a child do not, by themselves, affect the FERPA rights of the child's parents. One can best understand the FERPA position on parent's rights by separating the concept of custody from the concept of rights that the FERPA gives parents. Custody, as a legal concept, establishes where a child will live, and often, the duties of the person(s) with whom the child lives. The FERPA, on the other hand, simply establishes the parents' right of access to, and control of education records related to the child.
Here are the answers to questions frequently asked about the rights of non-custodial parents.
1. Does the FERPA require a school to keep a parent informed of the child's progress even though the parent is divorced and living some distance from the child?
No. The FERPA does not require schools to inform parents of student progress whether the parents are divorced or not.
2. Does the FERPA require a school to provide a parent copies of records?
Generally, a school is not required to provide parents copies of records. However, if the
distance is great enough to make it impractical for the parent to visit the school to review the records, the school must make copies of the records and send them to the parent when that parent requests access to the records.
3. May a school charge for copies of records?
Yes. A school may charge a reasonable fee for copying.
4. Does the non-custodial parent have the right to be informed of and to attend teacher conference?
The FERPA does not address conferences for the purpose of discussing student performance. Thus, a school has no obligation under this law to arrange a conference to accommodate the non-custodial parent. However, if records of conferences are maintained, the non-custodial parent has the right to see those records.
5. Must the school notify the non-custodial parent of his/her FERPA rights?
No. The school would be considered in compliance with the law if it notifies only the parent who has custody of the child.
6. Must the school provide the non-custodial parent the same general notices it provides the custodial parent?
No. General notices, lunch menus, PTA information, announcement of teacher conferences, school pictures, and other similar information, are not "education records" as defined by the FERPA. Therefore, schools are not legally required to provide them.
7. Is the school required to honor a parent's "standing request" for access or copies?
No. The FERPA does not require a school to honor a standing request, but the school may do so if it wishes. If parents wish to obtain information from their child's records on a regular basis, they should submit requests periodically. The school must respond to each request within 45 days.
8. How can a non-custodial parent get access to records?
Any parent may ask the school for the opportunity to review records, either by going to where the records are kept or by requesting copies. The school may ask the parent for some identification.
9. Can the parent with custody prevent the non-custodial parent from exercising his or her FERPA rights.
No. FERPA gives both parents rights. The school may assume that a parent has these rights unless it has evidence to the contrary. The school doesn't need the permission of the custodial parent to give access to the non-custodial parent.
----
Month/Day/Year
Mr./Mrs. (School Teacher's) Name
School Name
Address
City, State ZIP
Dear Mr./Mrs. (School Teacher's) Name,
I am (child first and last name)'s non-custodial parent. Nevertheless, I remain actively involved in (his/her) development and education, and would appreciate your help by providing me with whatever information (even the trivial), schedules, and notices that are received by our child's custodial home. That information may not otherwise be "shared" with me, unfortunately.
Enclosed are 10 self-addressed, stamped envelopes, for your convenience. Understanding that this is "one extra thing" for a busy" teacher, it will assure meaningful involvement and my continuing awareness of (ch ild's first name)'s school classroom activities and environment.
When regular Report Cards are issued, naturally, I'd expect to receive, sign, and return a duplicate, noting your written comments, as well as to participate in Parent-Teacher conferences we'd schedule concerning (child's first name)'s needs and progress.
Please feel free to contact me. I am pleased to assist with your class field trips, parties, or projects. I'd be happy to help, just let me know. Meanwhile, I'm looking forward to getting acquainted. (Child's first name) is excited to be in your class, and is looking forward to the (new/remaining) school year.
Thanks again,
== == Your Name (Print)
Address
Home Phone #
Work Phone #
encl. (10)
cc: School Principle's Name
Father's Group Name
Attorney's Name
Court Case File #*******
If a child is in state custody can parent sign over parental rights to a family member?
The court will require that both biological parents be in agreement to relinquishing custodial rights to a qualified related person. In some cases (such as military deployment) the court will accept a signed and witnessed affidavit by the non present parent.
A parent(s) cannot arbitrarily consent to permanent custody of a minor child to a relative, family friend, etc. Temporary custody (generally 90 days or less) can be done legally as long as the proper procedures are followed. The prescribed court procedures for the state in which the minor child resides must be followed if the minor child is to be permanently removed from parental custody. If such action is granted by the court the biological parent(s) may still be required to pay child support, obtain medical insurance and other financial needs of the child.
no , you dont have to pay, anymore....
How do you stop paying child support because of indigenty?
Indigence ... You file a motion with the court that issued the order for support. FYI, almost any sort of income can be taken for support, except for public assistance (including SSI).
Under what circumstances can child support be lowered in Mississippi?
Aside from a reduction in income, a rebuttable presumption argument can also be used. see links below
What if parent is paying cash for child support without court order?
Bravo. Thank you for being responsible. You should consider getting money orders or bank checks so you have some record. I have seen people who paid cash get in trouble without records and end up paying twice.
Can childsupport payments be garnished from girlfriends pay check if the father is not working?
Probably not. The girlfriend is not responsible for payment. However if you have a joint account then the payments may be seized from the bank.
Can both parents agree for one to terminate his parental rights in California?
In general, parental rights are terminated either preparatory to a divorce, 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.
What is considered a significant change to lower child support?
Either parent can force child support to be reviewed at any time, but change will occur only if the recalculation results in a change in the calculated support amount of 10% or more. The way to force the modification is to file a Petition to Modify, which requires payment of the filing fee applicable in the county where the petition is filed.The smart way to manage child support, if you and the other parent are cooperative and talking to each other, is simply to share your 1040's each year and recalculate child support informally. If you find out that it's time for it to change, you can simply have one lawyer prepare a Joint Petition to Modify that you both sign and file. It is not smart to simply begin paying an amount lower than that determined by the court. If you're the one paying, and you begin paying a lower amount, any time the other parent gets angry with you, or just needs more money, he or she can go back to court and recover the deficiency, no matter how many times he or she may have assured you that it was okay for you to pay less.
Does a disable vet gives up his rights do you got to still pay child support?
Giving up your rights as a parent requires legal steps--it cannot be just a verbal notification. As far as child support, by rights you should be paying for the child until it reaches adulthood--it is just the right thing to do. If you need to adjust the payments due to your circumstances, you should do it officially through the courts.
You have the right to return the child as agreed. This is not the time to prove yourself the better parent. Also, if the child is young, the mom is where it needs to be.
No, no felony is typically defined as a violent act. This can be considered in violation of a court order and/or contempt of court
Can you challenge a court's jurisdiction on child support?
You can challenge pretty much everything, however, are you going to be successful is the question. In this case, no! Here is why....
State "A" is where the child lives, therefore, state"A" has jurisdiction. If you live in state "B", your state has no jurisdiction.
When do people in Ohio receive a intercepted tax refund for back child support?
Tax refunds can be taken for back child support if the person owes more than $500 to the custodial parent or eligible receiver of such or if the person owes more than $150 to the state's child support agency.
When or if such action occurs depends upon the interaction between the state and the IRS and/or state tax agency. The IRS has on all child support arrears notices for all 50 states on file and cooperates fully with the states child support enforcement agencies and the courts.
Can you clear the non-custodial parent of all back child support owed?
Yes, unless the child is receiving some form of state or federal aid/health insurance. In that case, no, you cannot. Whether or not it's actually a good idea is open for debate.
Each state sets guidelines for the amount to be paid by the non custodial parent for the care of his or her minor children. The percentageis based upon the total income/assets of the non custodial parent andthe number of eligible children.
Can child support be based on income of non custodial parents spouse?
Not as a whole, but a portion in states like California which require entry of the income of a spouse or S/O of either or both parents. But, USC 12, SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.
(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)
of the Social Security Act is amended-
(1) by inserting (1) after (b):
(2) by striking, "but need not be binding upon such judges or other officials;" and
(3) by adding at the end the following new paragraph:
(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."
Note link below on California.
What is the legal minimum age limit in new jersey for the parent to have to provide child support?
Don't think there is a mimimum age, you made it, it gets paid for till its 18.
Don't think there is a mimimum age, you made it, it gets paid for till its 18.
Can you file bankruptcy to discharge a child support judgment?
Nope..in any way. Guess you just have to be responsible for your kids. Pity their parent would want to go bankrupt financially on them too, fortunately society doesn't allow it...apparently, just by denying responsiblity for his actions he's already shown himself bankrupt in every other way - like morally or intelligence.....but that the laws can't stop.
Can someone be in contempt for not filing child support paperwork in the state of Washington?
If you were ordered by a judge, or via a court order, to do certain things by a certain time - and you don't do it, yes, you can be found in contempt for violating a court order. If you are just failing to fulfill an administrative requirement of the law, no, not contempt.
Depending on past history, any amount can generate a motion to show cause, but under Federal Law, being $5000 behind is an automatic felony.
Yes, and because this is back pay and not the current benefit, I believe it's possible that the State could take it all.
If this involves SSD, than no as there's also an SSD retroactive child benefit check.
No, they will work out a payment arrangement that is workable for you and him. Mostly the father and the Department. They will give a chance to catch up he show the attempt to do so. So many fathers show no intent or responsibility.
But, he should have filed a motion to modify his support at the time he was laid off. A motion to modify the arrears can be attempted, but many states do not allow it, but Judge David Grey Ross, the former Commissioner of the Federal Office of Child Support Enforcement recommends trying.
see links
A growing amount of judges are refusing to make the retroactive.
