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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 your ex wife file for child support with DHR if you already pay it through the divorce?

no .......Actually this person may be incorrect. Are you asking if you already pay through the courts computer system if she can have the child support enforced even if you are paying...the answer is yes. The DHR worker will simply notify the payment center that your payments are to be recorded on the DHR system and not on the court system. It is really a simple process. It does not matter if you are behind or not. But if you are, she has the right to open up a case for enforcement to collect child support arrears, which in Alabama accures a 12% per year on all back child support. The key is to keep good receipts or you can really get messed over.

If you are asking if she can get a second order for child support thorugh dhr when one already exists...the answer is no....DHR just enforces the order of the courts. If no order ever esixted, then anyone who has physical custody of the child can open a case with DHR and DHR will start the proceedings to get a child support order. If the person already has a court order but does not like the terms of the order or wants to make changes in an order, DHR will do that service provided it meets certain court criteria. 1) It must be a 10% change in Rule 32 B guidelines. If you pay $200.00 per month in support, the difference in support in the guidelines must be up or down by $20.00. 2) There must be a material change in such as loss of income due to no fault of your own, change in custody, etc. which is evaluated on a case by case basis. Keep in mind that each county has its own way of enforcing the law and can be at the judges discretion of thathe will or will not do. We would hope that the judges would be consistent across the state, but sometimes there are discretions, right or wrong. If you want to know more, you can go to your state DHR website and click under child support and they can give you all the information you want. The policy handbook is to the public if you know where to look. I do child support on a daily basis and it is my experience that child support is not taught in law school like it should be....and lawyers get very little training in the area. Child workers are constantly being trained and are being treated like lawyers without the law degree. Do the research. States when it comes to child support must abide by federal regulations passed through the states laws.

Who has full custody of a child born in California?

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. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

When I had my daughter was I rewarded full custody Or is that something that has to go through court?

Single mothers have sole custody and control in all 50 states, by default, as of the point of conception.

How do you file to continue the garnishment of retirement pay for child support?

The question that would arise first is why it would be stopping if child support is still owed?

Can a retired non custodial parent be made to pay child support?

Yes. If you have a child it is your DUTY to provide for it no mater how old you are. WHO else is responsible?

Will jeevika abort her child for manvi?

i think yes! she will but there is no gearenty becoz if maanvi wins the case then she cant do any thing what ever happen i dont care i just want maanvi alive

Can a dad sue the biological father for back child support when he finds out that his daughter isn't really his own?

A legal dad can sue in this instance, but it is highly unlikely that he would win. If the mother of the child knew who the father, she can be sued for paternity fraud.

If you pay child support can you claim it on your taxes in ny state?

No. Supporting your family is NOT deductible anywhere, regardess of how you do it. By paying to the custodial parent, or if you had them, buying the bicycle, trips to Disney, clothes, food, etc that one does for their kids. It is simply a responsibility.

Can military housing allowance be used in figuring child support?

Not unless you want it to be a factor. I'm Active Duty Navy with an above average knowledge of Military law do to my rate. Yes it can be used as a factor but no it doesn't have to be used as a factor. Go to PSD and tell them to give you a print out of your Basic Pay. This should have no allotment information, housing allowance, uniform allotments, or special pays. How ever it is current enough for the Judge to make his decisions on child support payments. If you were married then the alimony factor could come into play. Basically it can be a factor but that is your choice to make it a factor or not.

Previous answer was

Yes it can be used. My husband just got of the Marine Corps, and because of his BAH he was paying 950.00 a month in child support.

What is the summer visitation time line in Indiana for the non custodial parent?

One-half of the summer vacation. The time may be either consecutive or split into two (2) segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection.

If a child attends year-round school, the periodic breaks should be divided equally between the parents.

If a child attends summer school, the parent exercising parenting time shall be responsible for the child's transportation to and attendance at school.

During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above, unless impracticable because of distance created by out of town vacations.

Similarly, during the summer period when the children are with the custodial parent for more than two (2) consecutive weeks, the non-custodial parent's regular parenting time continues, unless impracticable because of distance created by out of town vacations.

Notice of an employer's restrictions on the vacation time of either parent shall be delivered to the other parent as soon as that information is available. In scheduling parenting time the employer imposed restrictions on either parent's time shall be considered by the parents in arranging their time with their child.

Can payroll still take child support out your check if they were told not to?

You haven't mentioned who "told them not to". Automatic payroll deductions for child support are triggered by a court order sent to the employer. In order to stop the deductions from your pay check you need a termination of the original court order to be sent to your employer by the court. If the payroll department continues to deduct the child support payments even after being given notice of the termination you need to get in touch with the human resource department immediately, armed with a copy of the court order that terminated the payroll deduction, and stay on top of the situation.

If the child is in temporary custody does the parent have to pay child support?

If there is a court order in place requiring you to pay support the answer is obviously..Yes. If the children have been removed by CFS or whatever it is called in your state. You will be notified at the hearing as to your financial obligations. There is always a Family Court hearing whenever children are taken into protective custody. If they are living with a relative, or spouse then that is a different matter. This is a situation where you should seek legal counsel.

Can mortgage payments count as child support?

No. Unless the child support order is modified by the court you are responsible for paying the amount in the order regardless of whatever else you pay for.

No. Unless the child support order is modified by the court you are responsible for paying the amount in the order regardless of whatever else you pay for.

No. Unless the child support order is modified by the court you are responsible for paying the amount in the order regardless of whatever else you pay for.

No. Unless the child support order is modified by the court you are responsible for paying the amount in the order regardless of whatever else you pay for.

How do you go about doing a DNA test on a child in which someone has child?

I think you mean the parent of the child is not cooperating in letting the child leave a DNA test and in that case you have to go to court so they have to follow the court order.

If Child Support Enforcement breaks the law who should be informed?

You can forget about any criminal prosecution. If you were harmed, the agency should have an administrative appeals process. You can also go back to the court that issued the support order and address it there.

There have been some recent cases of judges declaring the agency exceeded their powers.

see link below

If you have a court order to cover a dependent child and you remarry can you legally put your dependent child on your new spouse's insurance?

I guess it depends on the insurance carrier? I think, most won't allow it.

I, on the otherhand, can cover my stepchildren with my employment healthcare provider and union agreement.

Is it possible for a person to collect back child support for a child that's already turned 18 even if there was no judgment prior to her 18th birthday?

You should consult with an attorney in your jurisdiction who specializes in family law. Some states allow retroactive child support collection. See link for an example in Nevada.

Does the father have a right to see his child if he pays csa?

Child support and visitation are two separate issues. The father has the right to request a visitation schedule with his child. Visitation is not dependent on paying child support.

Who pays child support when no legal custody has been established?

Determining child support has only one goal which is to determine medical, financial and daycare support. Custody is NOT determined when child support is established. To establish child support you have to go to court. Otherwise if the mother was unwed and paternity/custody is not established she automatically has sole custody which entitles you to pay her child support but you are not entitled to visitation, school/dr records etc unless she gives them to you... If custody is not established then the mother has custody

Can non custodial parent claim daycare for tax reurn?

Yes, in most cases. If he or she included the costs in regular child support payments or reimbursed the custodial parent for such the party should obtain a signed affidavit from the custodial parent stating the fact and documentation from the childcare provider of the amount paid.

In Georgia Is there a way to get child support lowered if you get a lower income job and have another child?

It costs less to support the first child because you had a second child? The fact that you had another child is not likely to change the court's mind. Having a lower income job, on the other hand, could have an effect. You might contact the Friend of the Court or your attorney for the best ways to approach this.

In the state of Illinois are unmarried parents obligated to pay education support to their adult children?

This is entirely dependent on the child support ordered with the court. Typically unmarried parents are held to the same standard as divorced parents, and if it is determined that the parent is able to contribute to the child's education expenses or that the child's ability to obtain financial aid is hampered by the parents income, the parent may be asked to contribute.

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