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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

Is child support a bunch of BS?

Do you think that the well-being of your child is a bunch of BS?????

Can you write to the judge to have your child custody case modified if you live in Miami Florida?

No, judges do not correspond with petitioners. The proper procedure would be to file a motion to modify or amend in the court where the original order was issued. Such issues are best handled by a qualified attorney, although one may represent themselves if they so choose. Contact the clerk of the court where the original order was mandated for information on filing procedures. Please be advised, officers of the court cannot give legal advice nor comment on a case beyond that which is considered public information.

What happens if you miss a final hearing in a child support case?

The venue will likely enter an order in your absence. You might not like it.

In my experience, if the obligor, usually the father, misses the hearing, a default order will be enter on behalf of the obligee, but if the obligee, usually the mother, misses the hearing, a continuance is scheduled.

see links below

Are you required to continue child support for mentally challenged child after age 18 or do they become a legal adult and become as ward of the state?

For disabled children, the courts often require support past age 18. If the child is a ward, the State might seek support to reimburse that expense.

If you win a lawsuit how much has to go to owed child support?

They can take it all. EVen if the winning plaintiff owes his lawyer, the court can transfer the entire award to the child support agency.

If a child's parents are divorced and one parent remarried and divorced a second time and dies at a young age who has legal right to apply for the child's social security?

Either the other parent (if still alive and wants them) or the closest relative. The Child should be able to have some say though.

All the parents of any children of the deceased parent can file for a portion of the amount. They each get a check. The more parents filing, the smaller the amount each gets.

If you are trying to pay child support and you are behind can they put a lien on your house?

Yes... But usually the courts will use wage garnishment as their first action. Either way, a person would have to be significantly behind on payments and/or not attempting to financially support the child.

What does the Child in Need of Services or CHINS offer?

The Child in Need of Services offers legal support for parents or guardians of troubled youth. Children under the age of 17 are subject to being reported by parents or school administrators into the CHINS program.

Does child support payment go down if THE ex wife wins the lottery?

No. In fact she just may hire a lawyer to get more money out of you. That's how greedy American women are. They would love to see you suffer and make you out to be the bad guy...especially knowing the majority of the issues were caused by them and their greed. I advise that you go after some of her winnings. I'm positive that if the roles were reversed, to include you having any children in your sole possession living with you, the courts would award her part of your winnings although she has no responsibility. Don't be made...our court of law in some aspects is very antiquated and women inthis country are materialistic and extreamly greedy.

Can a child alone collect that child support if the parent is deceased?

Depends on circumstances. If the child is underage, then the money goes to a guardian. If the child is of the age of majority, in states where it extends beyond that point, or if there are arrears still owing, then yes.

Who should claim a child on taxes if the child is attending college and not living with either parent?

Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year.

The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent. Time spent in Day Care and/or School is deducted from the total.

First, this would only apply in cases where support obligations extend in the secondary school years. See below for list.

If this is the case, the problem that this regulation does not address is the circumstance asked about. In this case, it must be reliant specifically on what is stated in the child support order. If not addressed there, then a motion to modify the order may be necessary.

However, I seem to remember an IRS ruling in the 90s that addressed this in which the child support obligor was awarded the deduction as he was providing more then 50% of the financial support for the child.

Does a father still have to pay child support if the child has a baby before the age of 18?

Yes. It is the parents responsibility to provide support to a child until they are 18, or 19 and in school. If that child has given birth it is of no consequence in terms of child support unless the child was legally emancipated. Having a baby does not legally emancipate a minor.

Why would you have to still pay child support to foster parents if they want to adopt your child and you give up parential rights for that reason?

Termination of parental rights often does not terminate child support obligations. All it does is terminate the right to visit your child and have any say-so in their lives.

Who gets custody of a child when mother hangs herself and the father is on birth certificate?

Having one's signature on the birth certificate is a good first step, but it will not automatically give custody to that man. The court will look at all of the circumstances of the case.

I am fifty five years old and my ex is trying to collect child support on your thirty eight year old son is this possible?

That is aquestion for a lawer. the 38 year old son would have to be a full time student from age 17. Child support would have to have been granted before 18 th birthday. Call a lawer and ask .

How do you get back child support through 401 k?

You'll need to go to court to obtain a Qualifying Domestic Relations Order (QDRO) which will allow the back child support to be drawn from the owing parents 401k. Get a lawyer who knows how this process works, especially if you are dealing with multiple states.

In Minnesota Can the biological mother request relinquished parental rights if the biological father does not pay child support but does make contact?

I am a divorced mother of two from Minnesota. The Statute for family law is pretty clear that parenting time and child support are not all inclusive, meaning if the court awards paranting time to the non-custodial parent and orders the non custodial parent to pay child support but child support is not being paid that parent can still exercise their parenting time. Recommendation: It is not a good child focused decision to deny parenting time to the non custodial parent just because that parent refuses to pay child support. Work with your county child support office for collection of arrears. The child(ren) should not be put in the middle of personal grown up stuff like that. The child(ren) have the right to see and spend time with both parents.

How do you feel better about the fact that you don't get along or agree with your mother or father?

It's impossible to agree with everyone, all the time. Otherwise you wouldn't need your own mind. The best minds, however, remain open to learning, stay respectful, listen as well as share, then stick to what they believe is right. Proudly and respectfully.

How do you collect back spousal support for that was ordered in your divorce decree for the year 2005 when your ex-husband has not made any payments?

It would be necessary for her to file a civil suit in the county court where the non compliant spouse resides. The existence of a divorce decree is proof that alimony is owed but it is not given the length of time that has expired, valid for enforcing the support that was ordered.

Trending Questions
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