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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 unclaimed income be subject to child support?

Child support is based on the income that the court finds that a person earns, not what their tax docs show. If one party believes that the other party is failing to claim some income, they would have to show proof of the hidden income, and ask the court to declare that the person's actual income reflects the higher number.

What is The Inquisitive Mind of a Child?

this is a poem about a discussion, between a mother and child, when the child asks what poppies are worn for.

If you have sole custody and the child's father cut her hair after you told him not to is there anything you can do about it?

There are sometimes issues between parents that are "dumped" on the child. Parents should always consider what affect any confrontation will have on the children. It would be wise to let go of personal resentment and move on. In other words, do not cause more stress for a child by battling over every issue. Especially those, that, over time will obviously resolve itself. Hair will grow back, broken hearts are hard (sometimes impossible) to mend.

Can your ex-wife and her new husband legally claim your children on their taxes if she does not have a taxable income but he does?

Yes, if the couple is responsible for more than half of the financial support pertaining to the child/children. If the support amount is equal, it would be advisable for the parents to try to find an equitable solution w/o involving the court.

Are there lawyers who will represent fathers for free in child custody cases in Illinois?

Contact the local legal aid society or the state bar association for information on attorney's who accept pro bono custodial cases. Or try The Men's Center, http://www.themenscenter.com

If the father of your child is abusive and not a suitable parent and can't keep a job or manage money does he still have the right to know you are pregnant?

You can't decide if he is a suitable parent. That judgment is given in a court of law. Yes, he does have the right to know if he is the father of your baby. You would be breaking the law if you didn't give the opportunity to go to court.

Do you have a lesser chance of getting custody of your child if you have a felony on your record?

You don't necessarily have a lesser chance of gaining custody of a child if you have a felony on your record.

It depends on the circumstances of the felony and on the history, criminal and other, of the parent applying for custody.

One thing you can do is you can try to get your criminal record expunged, and that way you will have better chances of winning custody.

Anyone eligible for expungement should do this, since it will significantly improve their chances of getting a job or a student loan, as well as improving their opportunities in other areas.

Good luck!

Can a mothet still get child support even if you have equal custody?

Your court order should state who is considered the "residential parent" if that is you, you can request through the court for adequate help with providing for the child(ren).

Can parents that are on SS claim a child living with them that the child is on disability?

If the child qualifies for disability (as decided by Social Security), it is a possibility. If you work for an agency, then you may have the rights to verify what they say. Otherwise, not so much.

Can you file for visitation rights on a child that is not yours?

A stepparent that has established a parent-child relationship can file for visitation eright, but it's up to the judge.

If your spouse voluntarily leaves the home does he pay child support?

If your spouse voluntarily leaves the home, they are still obligated to financially support their children. Child support is based on the income and circumstances of both parents, not on who is living in the home. Therefore, your spouse would still be required to pay child support.

Can you get a child support extension?

Generally support ends when the child reaches the age of majority in the state where the order was issued. Amending an order of support to continue past that age is possible but there must be extenuating circumstances, such as the child has become physically or mentally impaired since the original (latest) order was mandated.

Is it legal to move out in Florida at age 16 where does the ss child support check go then?

You are only allowed to move out with your parents permission and they decide where the check goes. Usually to them since they are still obligated to support you.

If a parent receives child support and saves it for personal use rather than use for the child's benefit can that grown child or the parent who paid the support sue for those misappropriated funds?

There's no legal requirement that every penny of child support be accounted for and documented as being spent specifically for the child's exclusive benefit.

You can talk with an attorney if you like, but your chances of prevailing in such a case are likely somewhere between slim and none, unless the "misappropriation" was blatant (in which case, why didn't you do something about it at the time, like petitioning the court to modify the custody/support order?).

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