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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

My court order says that I have shared legal custody I really have my daughter 70 percent according to the order I make 30 percent more than my ex wife Can I get child support?

If you fought it you may be able to. If you make more than your ex does though it will probably be hard to get much money if any from her. The way that many states look at it is, time living with each parent, if the parent is paying another alimony or child support, and how much the parent makes. So if you have her slightly over 50 percent, but you make more money then her then the chances are slim that you will get child support. If you had the child 100% of the time and made less then yes you would probably get some child support. Legal custody and physical custody are two different things. Legal custody means that you both decide on medical care, major decisions. Physical custody means who actually is caring for the child. ---- In California, a sole custody father can still be obligated to pay child support, when he makes significantly more than the mother, though I've never seen a reversal of that. In the case of Marcia Clark (OJ Simpson trial) v Gordon Clark, she made 450% more than he did, yet he paid 35% of his income to her in child support. Prior to the filing of the divorce, he was a stay-at-home dad and architect, which she thought was a disgrace to her children.

One thing to remember that all child support is Rebuttable, so the mother can make an argument to the court for you to continue to pay child support in every state. Only 15% of mothers without primary custody are ordered to pay child support, of which 5% actually pay it. That works out to 7 out of 1000 mothers not having possession of their children. see link

Can you stop your ex wife from taking your child hunting?

You can ask the court to do so, but you are not likely to be successful as long as your ex-wife has legal custody and your child has a hunting license.

What happens if the man dont pay full amount of child support?

The State can take various measures to collect that money, such as garnishment of wages and other income, interception of Federal and State payments such as tax refunds, and liens on real and personal property.

Can you bring a lawsuit against the father of your child for back child support even if your case is closed?

This assumes that you're asking about retroactive support (support due for a period prior to the entry of the first order), not unpaid support that accrued as the result of an order). Retroactive support is typically included in the first order entered in the case.

Is there a problem child 4?

According to the internet movie data base there is no Problem Child 4

The last Problem Child was Problem Child 3: Junior in Love. Released in 1995.

How is a mother legally able to receive back child support on a child who is 19 and married without any paternity testing and without the father's signature on the birth certificate in Arkansas?

A mother could obtain a child support order under those circumstances if the father didn't appear at the hearing, contest his paternity and request a DNA test to disprove his paternity.

At the time of the hearing for child support the father has the right to contest his paternity and request a paternity test to make certain he is the father. He must show up at the hearing prepared to deny that he is the father. If he doesn't show up and contest the charge then a child support order will be issued. If he is determined to be the father (even by default) then he is obligated to support his child and that includes back child support that can be assessed according to state laws that vary from state to state. If he didn't request a DNA test then he should consult with an attorney now to determine if he has any options.

A mother could obtain a child support order under those circumstances if the father didn't appear at the hearing, contest his paternity and request a DNA test to disprove his paternity.

At the time of the hearing for child support the father has the right to contest his paternity and request a paternity test to make certain he is the father. He must show up at the hearing prepared to deny that he is the father. If he doesn't show up and contest the charge then a child support order will be issued. If he is determined to be the father (even by default) then he is obligated to support his child and that includes back child support that can be assessed according to state laws that vary from state to state. If he didn't request a DNA test then he should consult with an attorney now to determine if he has any options.

A mother could obtain a child support order under those circumstances if the father didn't appear at the hearing, contest his paternity and request a DNA test to disprove his paternity.

At the time of the hearing for child support the father has the right to contest his paternity and request a paternity test to make certain he is the father. He must show up at the hearing prepared to deny that he is the father. If he doesn't show up and contest the charge then a child support order will be issued. If he is determined to be the father (even by default) then he is obligated to support his child and that includes back child support that can be assessed according to state laws that vary from state to state. If he didn't request a DNA test then he should consult with an attorney now to determine if he has any options.

A mother could obtain a child support order under those circumstances if the father didn't appear at the hearing, contest his paternity and request a DNA test to disprove his paternity.

At the time of the hearing for child support the father has the right to contest his paternity and request a paternity test to make certain he is the father. He must show up at the hearing prepared to deny that he is the father. If he doesn't show up and contest the charge then a child support order will be issued. If he is determined to be the father (even by default) then he is obligated to support his child and that includes back child support that can be assessed according to state laws that vary from state to state. If he didn't request a DNA test then he should consult with an attorney now to determine if he has any options.

How long will it take to get my ex's mass tax return which was taken for back child support?

That depends on: how efficient MA child support is; whether money is also owed to the US government and/or a State(s); whether your ex filed an appeal of that action; and/or, whether your ex's new spouse filed for a share of the refund.

What does a child physologist do?

The spelling is "psychologist". This type of counselor helps children deal with feelings that are causing them to have problems. Some examples would include feelings of fear and shame related to sexual abuse, extreme feelings of anger while grieving the death of a parent, and depression that causing them to withdraw from contact with friends and family.

You have one child for whom you receive child support and another child of a different father. Is your child support affected by your having to care for both children?

Not really. It is based on a percentage of the pay of the parent paying child support and the number of children that are his/hers with the custodial parent.

Answer

The child support you receive for the first child from her father is not affected by your having another child by a different father. The first father is only responsible for supporting his own biological child.

Why do i have to pay child support if i don't have any rights?

You have to pay child support because you engaged in behavior which can be expected to produce a child - do you expect the taxpayers to pick up this expense? If the courts have not denied visitation rights to you, feel free to petition for them.

If the non custodial parent isn't watching or spending time with child during visitation and is out drinking until all hours can visitation be denied?

No.

You can petition the court to modify the visitation order because of those things, but until the court does so, you do not have any right to deny visitation.

Who can claim child exemption on tax return if divorced in Wyoming?

Even though I am in Utah, Federal law applies to this situation. As far as the IRS is concerned, the person who has physical custody of the child 51% of the time can claim the exemption. The custodial parent (CP) can sign over the exemption to the non-custodial parent (NCP) by signing form 8332. If they do that this only qualifies the NCP for the Child Tax Credit and the exemption (which lowers taxable income). The CP can still take the EIC and Head of Household status. You also need to check in your divorce decree if this is addressed. However, IRS just passed Federal Regulations on July 4, 2008 that specifically state that a state court may NOT allocate the dependency exemption because it is Federal law, NOT state law that determines this. Federal law trumps state law when there is a conflict of which law governs. This new regulation also give the CP the right to unilaterally revoke the release of the exemption at any time even if the CP has already signed it away for future years.

What if a child caught their parents doing it?

Lol I remember me catching them I was stunned and then they just stopped and looked at me and I looked at them and I was like 9 and It was nasty..... Not a pleasnt sight but the next day we didn't say anything it was like one of those akward moments

If there is an IRS tax lien on your mother's separate property for your stepfather's back child support and she dies can the lien be lifted?

Answer

Only if the lien was paid through the settlement of your mothers estate. If you don't know if the estate was probated, check with the probate office in the county she died in to see if anything was filed.

Answer

An IRS lien would not have anything to do with back child support. It would only have to do with back taxes. If your mother was not liable for those taxes to begin with, then the lien should not have attached to that property (even if it was listed at that address for him, it did not legally attach if he does not have an ownership interest in the property). If that were the case, all that you need to do is get a Certificate of Non-Attachment from the IRS.

If she was, in fact liable for the taxes, the lien will need to be paid by the estate before it will be removed.

Does child support end if child is disabled?

No. If a child is disabled prior to the age of majority, most states have different child support guidelines. Check your state laws. In many cases it can actually continue past the age of majority.

Can a teenager choose a parent if that parent signed over rights when the child was a baby but is now in that child's life?

If you are living with adoptive parents but would rather live with a biological parent, I would suggest that you talk to your adoptive parents about it and see if some agreement can be reached. As a teenager you are old enough to be ready to at least start making your own decisions about how you want to live your life. But if your adoptive parents don't agree, I wouldn't advise you to fight about it - at least, not unless they are physically abusive, in which case you can apply to the courts for a legal remedy. Of course, by the age of 18 you will legally have the right to live where you choose and associate with whom you choose.

Does orthodontic come under dental in child support?

Generally no, it fully depends on the wording in the order.

Is there a statute of limitation on NH Court ordered child support?

To collect arrears, there isn't. As for retroactive child support, under RSA 168-A:3 the limit is year years worth filed prior to the child turning age 19, in according with NH Supreme Court ruling in Vickie Reitenour vs Wendell Montgomery (2002)

see links below

Is it possible to go after back child support if you never asked for a modification?

Back (or retroactive) support is typically awarded (or not) with the entry of the first order for current support.

How much child support arrears can be taken from Social Security?

The amount designated by the laws of the state in which the child support order is issued.

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