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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 i claim my son on my taxes and i pay child support but haven't seen my son all year?

In order to claim someone as an exemption the IRS says that you must provide more than half of that person's total support in a calendar year. A special rule was created by the IRS in order to resolve the question of dependency and who gets the exemption.

The rule states that the parent who has custody for the greater part of the year is the custodial parent and that the parent will be treated as the person who has provided more than half of the child's support. In other words if your ex-spouse pays more toward the child's expenses than you do but you spend more time with the child and are responsible for the majority of child care you will get the child dependency exemption. You, the custodial parent who spends the most time with the child can claim the child as your dependent.

The non-custodial parent can claim the exemption if both parents agree and the following criteria are met:

  • A written agreement signed by the custodial parent stating that he/she will not claim the child as a dependent.
  • A final decree of divorce that states the custodial parent will not claim the exemption for the tax year and the non-custodial parent attaches the appropriate documentation to his/her tax return.
  • A final decree of divorce that provides for the non-custodial parent to claim the child as a dependent along with a statement that at least $600 was in fact given in support to the custodial parent.
  • The non-custodial parent must fill out a form 8332 from the IRS. The custodial parent and non-custodial parent must both sign the form and then it should be attached to the non-custodial parent's tax return.

When does child support end in Florida for a disabled child?

This is dependent on the consideration of whether the adult child has access to other resources such as SSI.

Can adult child waive arrearages?

No. The custodial parent is/was the obligor, not the child.

When approved for ssi does your medicadego back to your back pay month and year?

Depending on the date of your Medicaid application, you should be able to get Medicaid as of the "onset date" of your disability, as determined by Social Security.

Can a woman request child support from the father in a county neither one lives in?

State Laws determine what county has jurisdiction over a child support case. Generally, the county where the child resides with the mother has jurisdiction. You need to inquire at your local family court. See link.

Does a non custodial parent pay child support if they are mentally unable to work?

That is for the court to decide based on what evidence he has that he is too ill to work.

Im 17 and emancipated my mother is getting child support money for me and im getting none how do i get the check in my name also am homeless so any help would be appreciated?

ok if you are emancipated then she has no right to your money so i would say to go to the court house and file a motion against your mother.it may take awhile but in the end she will have to sign over the checks or you could ask your dad to sign the checks to you instead of your mother.hope it go's well if you have any other question's e-mail at cd_36310@yahoo.com

If arrears is still owed once the child turns 18 will child support payments continue until the arrears is paid off?

It all depends on WHO the arrears are being paid to. If the father was paying support directly to the mother, the back support/arrears would go to the mother. The support was never owed to the child, who has no standing in it. The payments are supposed to assist the mother by helping her to raise the child until the legal age of adulthood or whatever age was specified in the support decree. The support money belongs to her and if she chooses to turn it over to the child that his her business. Legally, the child has no claim on it.

ON THE OTHER HAND: If the arrears are being paid to the state - the father is simply reimbursing the state for spending taxpayers money to support her for all the time he did not pay, and neither the mother nor the child has any claim on it.

What is Vs TPR and BP qid?

I believe it is vital signs temperature, pulse, respirations and blood pressure four times a day.

How to Represent yourself in filing an amendment to Child support?

You should make your self look respectable, loyal, hard-working and caring ---- See Related question

Does child support automatically end in the state of Georgia or must one go to court?

There shoud be a stop date on your child support order. If you no longer have a copy of the original order you should be able to request one from the court that issued it for a nominal fee. If your payments were processed through disbursment agency you can request a payment history from them to ascertain whether you are current on payments. If you owe back support, payments will continue to be withheld even beyond the stop date of the order until the balance owed has been brought current.

Can a custodial parent drop child support and then years later sue for arrears?

The parties must return to court and have the child support order modified. Otherwise, the obligor is required to obey the existing child support order by law. Verbal changes made between the parties are hard to prove and people change their minds. The answer in this case would be whatever the court decides based upon the available evidence.

How can your assets be protected if you marry a man that owes child support?

Step parents don't pay for their spouses children just the biological parents do. He is the only one paying child support. If you divorce you will need a prenup or your things will be divided equally unless you say otherwise.

How can a father relinquish his parental rights to a child that someone else signed the birth certificate for in VA?

This can become complicated, with long term problems if not action is taken.

First, it would require the establishment of paternity, which would then result in the creation of an obligation to support. However, giving up of the parental rights would not necessarily stop that support obligation.

Not doing anything does not exempt the potential biological parent from the eventual obligation. Depending on the state of residence at the time application for support is made, the mother can wait until the child is 23 years old to name the bio dad and apply for up to 18 years of retroactive child support.

Though the mother and child presently lives in Virginia, she could one day relocated to another state, such as Ohio, when she is allowed to do this.

For the biological father, this clearly places him between the proverbial rock and a hard place. If he does anything, he will be obligated to support the child, but if he does nothing, years down the road, he could be hit with tens of thousands of dollars in retroactive support.

This is one of the particular drawbacks of having an affair with a married woman.

See related links below.

Can you defer my child support arrears in Michigan?

Depending on circumstances, and if the judge approves it. Of note, Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement recommended this under certain circumstances.

see links

What are the rights of an illigitimate child when both parents are dead?

The child has a right to any support ordered but not paid (actually collecting it is another matter).

I recently got married and will my income be considered when my husband goes to court for child support in Indiana?

It's not required under the CS guidelines, but is an option under a Rebuttable Presumption Argument. But, the use of that argument can swing both ways. see links

What does without regards to any condition such as child support mean?

It means that, in whatever is being decided, the fact of child support being paid or received, or in what amount, will not be counted in the decision.

Whatever it is will be decided as if no child support was involved in the case.

How late can a mother file for child support in Canada?

A mother can file for child support from the birth of the child until the child is eighteen or nineteen depending on the age of majority in the particular jurisdiction.

Can IMM5604 be waived from being signed by non accompanying parent if sole custodial parent intends to migrate to Canada?

I doubt it, since the main purpose of the form is to ensure that the non-custodial parent is aware of and approves of the trip. There wouldn't be a form if Canada didn't care about the non-custodial parent's wishes.

If both parents of a minor child are unstable can a family member who lives out of state request for guardianship of the minor child?

Yes, through a motion to the court in the jurisdiction of the child's residence. It will be up to the judge to determine if this would be in the best interest of the child.

Trending Questions
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