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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 a non-custodial parent be accused of blackmail by not returning the children on time in order to make the custodial parent lower child support?

Since this would come under the law as regards parental abduction, blackmail is not even an issue. Besides, you don't have that power, the court does.

Do you have to file a petition to stop child support or does it just stop?

Payments stop in accordance with the language of the court order and/or the laws of your State.

In the state of Alabama if your 1st child is in the custody of DHR for possible abuse and you give birth to another child during that time does that child go into DHR custody also?

The child may or may not be placed into custody. The case would be assessed and if the child would be in immediate danger remaining with the mother, then no the child wouldn't be moved. If the child had to be placed the agency would first consider any alternatives, including the mom and child living in a safe environment or an appropriate family member insuring the safety of the child. Usually, if one child is already in the custody of DHR, they will seek a recently born child to be placed in their care as well until the accusations of abuse are found to no longer be there. If you feel that you were unjustly accused, you should contact an attorney in your county who can better assist you during this time.

How can you stop child support all together in Mississippi?

Show the court that: the child is deceased; the child has been adopted; the child is emancipated; the child has attained majority; you have no income other than public assistance; and, you do not owe any past-due support.

Can cps in tucson Arizona remove a child from the home because the parent is on ssi?

Not in and of itself, however is the parent has a disability that prevents them from being able to care for the child, than it becomes an issue of safety.

How would you stop a child of nine years from bedweting?

The parent needs to take the child to a doctor in order to determine if there is a medical cause for the bed wetting. If there is no medical cause, the child should then be taken to a psycho therapist for evaluation. No child should be punished for bed wetting, as the child has no control over it. With proper evaluation, the child could be helped and on his/her way to recovery.

Can the custodial parent keep the child from the non custodial parent if the child does not want to go?

No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.

Can a father in SC sign off on his parental rights?

Yes, a parent in South Carolina can voluntarily terminate their parental rights. However, they may still be required to pay child support. Only adoption will absolutely terminate child support.

How do you get custody from custodial parent with felony?

Having a felony conviction does not necessarily make a bad parent. People do change after serving time, or is he/she currently serving time? In that regard, a Child In Need of Care Motion needs to be filed.

What is the Oregon law on signing over parental rights?

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

How long does it take for custodial parent to receive non custodial parents tax intercept for support in state of nebraska?

That depends on when the parent filed their taxes and when a refund was issued and diverted based on the same. In general, it is a minimum of 6 months.

However, if the custodial parent has been receiving some type of state or federal aid for their child in the interim, that money may be used to reimburse the agencies involved and the parent may never see a dime depending on the amount of aid received.

In Georgia can you move out of state if you are the custodial parent and non custodial parent doesn't pay child support but is on birth certificate?

He can still file an injunction to stop it or have you ordered to return the child, so go to court and put together an agreement. This can also be done using a mediator. See link below

Can Canada old age pension be garnished for past child support?

Yes. Canadian law states that up to 50% of an old age pension can be garnished for child support and any child support arrears. How it is done and depends on your providence but in Ontario, it is handled through the Family Responsibility Office.

You do have the right to apply to the court in your jurisdiction to reduce or eliminate the garnishment but you will need to provide compelling evidence why it should be done.

What are the chances the father of a child get custody if he abandoned the mother during pregnancy and even once denied the child and the mother is married to someone else who wants the child?

Firstly, the someone else is totally not relevant. Forget him.

Abandoning the mother is between the father and mother and doesn't affect access. Access is still possible.

Denying the child previously doesn't affect access. Access is still possible.

Mother is married to somebody. Access is still possible.

Chances of father getting sole custody. Low to impossible. Must prove mother is unfit.

Chances of father getting shared custody. Not bad. Needs to prove he is a fit parent, stable, not violent criminal etc...

Sorry, chances of a father getting full physical custody is slim and none, and slim left town. I've been batteling for years to get custody of my son from a violent, substance abused home. I've spent thousands of dollars, and countless heart aches to no avail. I've been told right to my face that the court would put my son in foster care rather than with me if for nothing less not to lose state funding if he was placed with me. It's a sham and it's no wonder that parents kidnapp their kids and run.

i totally understand how you feel my step daughter just got placed with a convicted meth manufacturer instead of stable hard working father. whom the judge says abandoned her, after him having visitation for the last three years. he has ended up with less visitation and more child support. Fathers that want to be dads have not a chance, they wonder why there are so many dead beat dads. mother signed away her rights without his knowledge and is drug addict, with metal issues. what do we do about it?

How can you find out the custodial mother's income to see if she makes more than the father who is paying child support?

The person might be able to obtain an interrogatory for discovery of income from the family court, but that is not likely. The income the custodial parent makes is not relevant in accessing the amount of child support That is based on the income and assets of the person who has been ordered to pay the support. I'm thinking you have to make a motion in court to request income records. The income of both parents must be known to determine the amount the noncustodial parent has to pay, since it's usually based on the ratio of the noncustodial parent's income to the total of both parents' incomes. As has been noted, child support is based upon the income and assets of the biological parent who has been ordered to pay the support. The income of the custodial parent is not relevant, as the monies are for the support of the children. One issue pertaining to the financial support of the child/children is how it relates to dependant deductions pertaining to the tax codes. Actually both incomes are used to determine the amount of child support. It is done by percentages. Both parents are responsible for paying for their children. If the father makes more than the mother he will be responsible for the higher percentage on the amounts spent on the necessities of the child. I've worked in the legal field for almost 30 years. There are some differences in the laws among the states, but they basically follow the Uniform Child Support Laws. My daughters lived the majority of the year with my ex. My income was much less. I did not have to pay child support. My ex had to pay me support when the girls lived with me during the summer months.

How do you get visitation rights if you were not married and the mother of your son will not respond to your calls or letters?

If your name is on the birth certificate as the father, you can sue for visitation in court. Get a lawyer and file a suit. The mother will be compelled to come to the court and abide by its decision.

If your name is not on the birth certificate, you will have to establish paternity. This could be drawn out and involve a lot more lawyers and money.

My name is on the birth certificate, we live in different states and I would like to see more of my son in my home town. Do you think I would be able to do that?

How does a mother terminate her parental rights in Ohio to the birth father?

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

Do children need their mothers more than fathers?

No, they don't. They need stable, attentive decent parents. Gender is not a factor. Especially since, statistically, Mothers are more prone to abuse their children than fathers are.

Can child support arrears stop?

In most cases, no, child support collection cannot be stopped until the debt is fully paid.

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