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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

How can the fathers last name be removed from birth certificate Parents never married and father has moved to another state does not pay child support?

As a general rule modifications are not made to birth records. You can petition the court to allow a name change. However, even if a name change is allowed by the court it will not change the name on the birth certificate.

If you are getting divorced and you have a child with your boyfriend do you need a paternity test done?

Whose name is listed on the birth certificate? If it is your boyfriend, when you file for divorce, notify your attorney that the child is not your husband's and that your ex will have no legal obligation towards your child.

If your boyfriend is not listed as the father, you need, for legal reasons, to have a paternity test done and have your boyfriend legally recognized as the father of your child.

Depending on your state laws, if the divorce is not final the husband is automatically put on the birth certificate. So, then yes, a paternity test has to be done to prove to the court it is not the husbands and the boyfriends which will be proven by the test. Also, depending on your state laws then the state will make the boyfriend pay child support regardless if you are living together or not.

If there was no order put in place for child support can the child who is now 23 go after the mother for back child support in South Carolina?

Child support does not belong to the child but rather to the custodial parent to help compensate for the cost of raising the child until he or she is 18 or no longer attends school as a fulltime student. The custodial parent can however seek payment for back past child support from the non custodial parent.

After a devorice how long do support payments have to be paid?

It depends on the particular agreements in the divorce settlement. Usually it means child support until the child is 18 or if the child is in school, until the child is 21. Alimony is the same, it depends on the divorce settlement. Normally a fixed time period is agreed on - like 3 years - or until the woman remarries. As a side note - if you become behind on your payments, then you still have to make payments, even after those time periods, until you have paid the total amount due.

Texas child tender years for diffenet ages of child?

The tender age doctrine in Texas applies to children under the age of 3. It sets forth that the primary parent keeps the child while the other is allowed multiple short visits weekly.

The father is not allowed visitation grandmother has 5 hr a week what is fair for the mother who totally supports her child without child support?

The two issues are unrelated and of the two, denial of visitation is the more damaging to the child and society in general. see link

MY adult child is 18 and graduating this June you live in PA they are going to bank her diploma so she can still go to school her mother is receiving SSI for her do you still have to pay child support?

Generally, the obligation ends when the child reaches 18 years of age or the child graduates from high school, whichever occurs later. A child will also automatically be ineligible for child support is removed from disability status by a court order.

I don't know what bank her diploma means, nor can I find a reference. See links below for more on child support.

What constitutes custodial parent in reference to child support?

The custodial parent is the parent with custody/guardianship of the child.

Who delivers a capias in medford mass for non payment of child support order?

A capias does not get "delivered". A capias is a civil warrant of arrest. It can be served by a constable of the city of Medford or by the Sheriff's Office. By "served" this means "compel" the attendance of the defendant at court. The defendant may be contacted by the officer to appear voluntarily or arrested and brought to court if deemed necessary. If served by a constable the constable MUST be sworn in the city of Medford. A constable from another city/ town may not arrest out of his or her sworn jurisdiction in a case relative to "child support" unless appointed by the Probate Court as a "Guardian Ad Lidem". Such appointment would enable the constable to arrest the defendant anywhere in the Commonwealth. Another questionable way constables arrest in other jurisdictions is upon a motion to the court under rule 4 of the M.R.C.P. for appointment as "special process server". This method has been argued for years with no black and white ruling but is still used quite frequently.

If you are the plaintiff looking to have one served contact a Medford Constable found through City Hall or the Middlesex Sheriff's Office.

If you are a defendant and know you have a capias issued against you, contact the court or an attorney immediately to have it removed or you are subject to arrest.

I hope this is helpful and good luck.

If a father owe back child support and his file joint taxes with his wife will the mother get the tax return?

Yes. Both federal and state congress have passed laws to intercept any wages, including income tax returns of a father who is delinquent on child support. Note that when the government obtains an address from the father to send the income tax return, it is agents with an arrest warrant, not the check that comes to your house.

Is nontaxable military benefits included in child support payments?

In calculating child support, all income is considered (except for public assistance or SSI).

Can you get a free lawyer in a termination of parental rights case?

Many attorneys offer free services to a few clients every year, including family law attorneys.

Can someone else claim my child even if I'm paying child support and the custodial parent isn't working?

That depends on several factors: your child support order and any accompanying divorce agreement, state laws, who pays the greater share of the child's day to day support. You should call your attorney or visit the court and review your file.

That depends on several factors: your child support order and any accompanying divorce agreement, state laws, who pays the greater share of the child's day to day support. You should call your attorney or visit the court and review your file.

That depends on several factors: your child support order and any accompanying divorce agreement, state laws, who pays the greater share of the child's day to day support. You should call your attorney or visit the court and review your file.

That depends on several factors: your child support order and any accompanying divorce agreement, state laws, who pays the greater share of the child's day to day support. You should call your attorney or visit the court and review your file.

Does father still pay support if child is full time student and lives off campus in the same town as the custodial parent?

A court order sets forth the conditions for child support based on any separation agreement between the parents, state child support guidelines, state laws, etc. You need to review any court orders and any other documents related to your case.

If the court order states the father must pay child support while the child is in college then he must obey the order regardless of the details added in the question. If he thinks otherwise then he must petition the court for a modification of the child support order.

What is the statute of limitations for court ordered back child support in Alabama?

There is no statute of limitation on back child support in any state. The other parent is paying until what's owed is paid in full, regardless of the age(s) of the child(ren).

Can a noncustodial parent not pay child support because he paid for child's clothing?

Absolutely not unless that specific provision is recited in the child support order. He must pay his court ordered child support in full. Any other items he provides for the children are simply his way of helping. He does not get to decide how the child support must be spent by deducting his purchases from the amount owed. He actually owes it to his child to provide whatever help he can over and above child support. The custodial parent does numerous extra things for the child every day.

Absolutely not unless that specific provision is recited in the child support order. He must pay his court ordered child support in full. Any other items he provides for the children are simply his way of helping. He does not get to decide how the child support must be spent by deducting his purchases from the amount owed. He actually owes it to his child to provide whatever help he can over and above child support. The custodial parent does numerous extra things for the child every day.

Absolutely not unless that specific provision is recited in the child support order. He must pay his court ordered child support in full. Any other items he provides for the children are simply his way of helping. He does not get to decide how the child support must be spent by deducting his purchases from the amount owed. He actually owes it to his child to provide whatever help he can over and above child support. The custodial parent does numerous extra things for the child every day.

Absolutely not unless that specific provision is recited in the child support order. He must pay his court ordered child support in full. Any other items he provides for the children are simply his way of helping. He does not get to decide how the child support must be spent by deducting his purchases from the amount owed. He actually owes it to his child to provide whatever help he can over and above child support. The custodial parent does numerous extra things for the child every day.

How do you collect child support from disability?

Take all written proof (paystubs, etc.) to the Child Support Services agency collecting the payments, or to the court where the judgment for child support was made.

Can child support be charged during the time the case is closed?

Maybe. In most instances child support obligations can be retroactive. Meaning that a support amount can be awarded while the case is pending. Generally that is only applicable if the case was previously filed and is now being heard for the sake of amendment, enforcement, etc.

Closed does not always mean the child support obligations have been dismissed when it pertains to an investigation or action by a social service agency.

How can you make your ex girlfriend have a DNA test to prove that her child is mine?

If your ex-girlfriend is refusing to have a paternity test done, you do have other means of getting one. You would have to file a court petition, with a compelling statement of why a paternity test would be reasonable.

What if the noncustodial parent becomes disabled and cannot make child support payments?

You must return to court to have the order modified as soon as possible. Until the child support order is modified you may be incurring arrearages.

Does prepaid legal handle family law?

yes they do, but they charge pretty good, I ended up canceling it because it was not woth it, plus they wanted me to go to Richmond VA, like 100 miles away from where I live so that I can meet with a attorney, no way that is too far.

Who passed the Republic Act 9344 or the Juvenile Justice Law?

The author of Republic Act 9344 is Senator Kiko Pangilinan

Trending Questions
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