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
Generally, the parent who contributes over fifty percent of the cost of the dependent is entitled to the deduction. Both parents can end up claiming the child, which will result in a possible edit from the IRS.
Termination of parental rights does not terminate one's child support obligation.
What visitation rights does an unmarried father who pays child support have?
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 and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
In your case you should have requested a visitation schedule when the child support order was issued. Return to that court and request a visitation order.
Does child support have to be paid monthly or can it be paid every other month 3 month...?
Child support is paid monthly, however some states allow alternative payment arrangements to be made if there are extraordinary circumstances. For example, if the non-custodial parent is only paid every three months, he or she might be able to set up an arrangement to only pay child support every three months.
If the daughter is no longer living with her mother, and is independent, then you could petition to end child support. If she is still in highschool, you might continue to pay with the agreement that the money transfers from mother to daughter.
Can you sue for back child support in civil court?
Your local family (civil) court is where you must file for child support arrears. If there is a child support order you must return to that court to file a contempt of court order.
Your local family (civil) court is where you must file for child support arrears. If there is a child support order you must return to that court to file a contempt of court order.
Your local family (civil) court is where you must file for child support arrears. If there is a child support order you must return to that court to file a contempt of court order.
Your local family (civil) court is where you must file for child support arrears. If there is a child support order you must return to that court to file a contempt of court order.
How do I get full custody of my child when the mother has abandoned him and won't pay child support?
You may need legal help to do this, particularly if you were unmarried and other family is raising it. You would need to have a steady job, no criminal or drug history to make a good case.
Answer & ClarificationYou should arrange a consultation immediately with an attorney who specializes in custody issues. The attorney can review your situation and explain your legal rights and options. A parent seeking full custody needs expert assistance from an attorney who knows the state laws and is familiar with the particular court system.
In this particular case the attorney could also help the father collect child support arrears.
How to terminate child support order in az?
1) check the state child support clearing house to make sure you have no payments due 2) call the appropriate family court and speak with a clerk that can direct you to locate the appropriate paperwork 3) make copies of everything you fill out and send to court certified mail with return receipt 3) serve the ex-spouse using a reliable person (ie. Sheriff or process server ...worth the expense..)
No, visitation and child support are 2 separate entities. The only way this would affect your support amount is if you are set up with 50-50 custody and the child stops going to the other parents house and you take them to court to get primary custody.
If custodial parent moves to another state what state does the noncustodial parent pay?
You pay the state where the original child support order was in place. Now if the custodial parent takes up legal residence in another state and opens a child support case there, the new state can help enforce and/or modify the original states order.
How many weeks behind in child support do you have to be before you can be taken back to court?
Every State's laws are different for child support issues, although Federal Law allows one State's court order to be enforced across state lines.
First-time non-compliance
Generally speaking, most courts give the parent who's ordered to pay support some 'good faith' time to remit the current payment due. Some states give up to 2 months for the support-parent to make the first missed payment. Then, typically, if the case is handled by an Enforcement office, the enforcement officer sends a letter stating the obvious (You are in arrears) with the dollar amount and due date. If the support-parent fails to respond, the Enforcement office turns it over to the Court. The Court issues a demand to appear in front of the Judge. If the person appears, he or she may get nothing more than a threat of jail, but the Judge's order should not be taken lightly because if non-compliance continues, penalties become more than threats.
Chronic non-compliance
Courts often seem to have the hands and feet hobbled (e.g. tied like farmers hobble a animal). They must motivate a support-parent to get employment, stay employed, pay the money, pay on-time, or-- all of the above. Courts don't like to put non-paying parents in jail (although it IS an option) because the theory is, if a parent is not working it's hard to pay support. So they try to enforce orders without jail-time.
However, since non-support affects the lives of children and because courts detest "contempt", Judges will issue a bench warrant to appear in order to put some weight behind what's in a letter or court order. Judges do issue arrest warrants when non-payment becomes a chronic issue. A sherrif, usually, is sent to pick up the "offender" and bring the person to the Judge. The Court can then order the person directly into jail... or make a different ruling depending on what the "defendant" has to say.
Judges also have the authority to order a person to live in a half-way house until the defendant gets a job and makes consistent payments.
If you are a support-parent and have trouble making a payment, communication is crucial. Contact everyone involved about your situation. However, remember, every day you don't pay hurts your kids. Payment has nothing to with visitation; your kids must eat regardless. Non-payment is inappropriate to "get back" at an ex-spouse or ex-lover; the custodial parent's main concern is feeding and clothing the children, which is what support helps to do.
If you are the custodial parent facing lack of checks, make sure you notify the right people as soon as you have given enough time for payment to arrive. Enforcement offices use guidelines about "late" payments, so you may have to wait 30-90 days before they act. That doesn't mean the support-parent has gotten away with anything, because the Judge is still the person in control.
Sadly, every day, children suffer because the non-custodial parent refuses or neglects to support the children.
When funds in bank account are untouchable in a child support lien Michigan?
(Possibly) those funds that belong to a joint owner of the account and not to the child support obligor.
Nothing if unmarried to the mother until approved by the courts. see link
Can a court order payments for child support prior to filing?
A court can order retroactive support (i.e., for a period prior to the beginning of current, ongoing support); however, the court must first notify the parties, establish paternity and determine the obligor's income and other salient circumstances.
Is there way to relinquish child custody but not child support?
Not really. Child support is for the care of the child and should be disbursed to the person with legal custody. In other words, you can't have your cake and eat it too.
alot you can do yourself. go to a law library and research the work. find books on filing liens, child support data. talk to some court clerks on the amounts charged for filing, and other questions. there are some laws concerning heirs to property that you can find out about. but if he owe child support there is agencies that will do paperwork for very little. you can have his wages garnished, some, not all. depends on how many children and how much he gets paid, plus assets. look in your local government listings for human services to get the phone number. call and ask them about local child support agencies that can help direct you in the right direction. i have worked for lawyers before and 90 percent of the stuff i did , you can do. do your home work. the law library can be your best friend.
How do you get a copy of a notary draft for taking a child out of the country?
A sample letter can be found at www.berwicktravel.com/consentletter.html, the letter needs completed with ALL required information and then be officially signed and stamped with the seal of a licensed Notary Public. When having a document notarized all participants must be present and supply acceptable proof of their identity.
== == Go to a local food shelter for food. You don't want to raise a son thinking it's okay to pay for sex. It is never okay and only ruins lives. Call a local church and ask for help.There are many women out there with a baby and it's life, but there are solutions to your problem by the first poster.
In most states, a child born in wedlock (to a legally married couple) is presumed to be the child of the husband. Legally, the court recognizes that the husband is the father of the child and will not initiate any action which will separate the parent/child relationship without a very good reason for doing so. Consult an attorney if you wish to be a part of the child's life however; it is generally in the best interest of the child to not have his/her life disturbed after six years of knowing her mother's husband as her daddy. Please consider your options from the perspective of this beautiful child.
Can a married man ask for joint legal custody of a child that he had as a result of an affair?
First, he is considered the same as a single father under these circumstances, so he has not parental rights to begin with, so he must first petition the courts for a right to see the child. see links below
Can you get welfare for one child when another has ssi payments?
Absolutely. Each child is entitled to receive the benefits due to them. As long as you report your benefits truthfully where asked..
Depending on the state, yes. In Ohio, she could have waited until the child was age 23 to file for 18 years retroactive. see links below
It would depend on why it stopped. If the non-custodial parent lost his or her job and their medical insurance along with it, the courts may not expect the unemployed parent to maintain medical insurance if doing so would be financially impossible. However, child support would continue as all states allow unemployment benefits to be garnished for that purpose. If the non-custodial parent is unemployed, it's doubtful the remaining unemployment benefits would be enough to purchase medical insurance for the child, but if the custodial parent wanted to push it, he or she could file an action against the non-custodial parent for enforcement, but you can't get blood from a turnip. All that may result is the non-custodial parent going to jail making it impossible for them to seek work and harder to find a job with an arrest record after they get out. It would be easier to see if the child qualified for Medicaid and used that until the custodial parent found another job and could put the child on the new insurance plan.
If the insurance was dropped "just because", in that case, the custodial parent should file notification of violation or a motion for enforcement in the court with jurisdiction over the child.
AnswerIt would depend on the laws in effect at the time (regarding to what age a child can be covered on a parents medical insurance), the separation agreement if any and any child support orders in effect. You should review all the court orders in your file and speak with an advocate at the court or an attorney if you still have questions.
What does a father have to do to not pay child support in georgia?
In general, to terminate child support, you need to show the court that: you have custody of the child; the child is deceased; the child has been adopted; the child is emancipated; the child has attained majority; and/or you have no income other than public assistance; AND, you do not owe any past-due support.
