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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

If divorced parents get back together what happens with the child support?

if a divorced couple decides to get back together, which is great by the way, then whoever was receiving the child support has the oppurtunity to say it's over he doesnt need to pay it anymore. that person would have to go back to court before the judge to change it.

What is the procedure for obtaining legal custody of a friend's child if she is willing to relinquish her parental rights.?

File at the courthouse. Then hire a lawyer. * A parent cannot transfer custody except on a very limited basis, generally three months or less. The mother would have to relinquish her parental rights through the court procedures as required by the state in which she lives. The person who now has the child could petition the court for guardianship or a request for adoption. However, the biological father would have to be notified of the procedure(s) and has the legal right to contest any and all if he so chooses. It is best that such matters be handled by a qualified attorney and in the matters of guardianship or adoption it is a requirement

What sort of parenting plan should you propose if the non-custodial parent is threatening a custody battle in order to lower their child support payments but does not really want custody?

Parenting plans should be discussed with legal counsel or with a social service representative before they are submitted to the court. That being said, there is not a court in the US that would grant custodial rights to a parent to allow that parent to circumvent their financial responsiblity. If that is what he or she plans to base their custody petition it is wasted effort. At the minimum a parenting plan should include: (1) Custody and visitation (2) Apportionment of time spent with each party including that which is court ordered; (holidays, birthdays, vacation,etc.) (3) Day-to-day care of the minor child (babysitters, daycare). (4) A plan in place to resolve any possible issues in the future. (5) The procedure for either parent, family member, caregiver obtain emergency medical treatment. (6) Other issues that are not related to those of property division or financial (child support, medical coverage,etc.)

Can biological father sign parental rights to child maternal grandmother even though grandmother and child not in the same home?

Only the courts can grant custody/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.

In Ohio When a persons child support ends for one child turning 19 will their child support payments go up for another child?

Possibly, if the parent still receiving support files for modification based on your financial change in circumstances.

What happens if you deny the noncustodial parent visitation while under court ordered visitation?

He/she can file a motion for contempt of court, and if granted, a change of custody. I teach parents how to collect evidence and how to do this without the need of hiring an attorney.

see link

Is child support always paid in the rears?

Hat depends on related factors. In Missouri, the obligation to pay child support does not end with the death of the obligor by state law. Also, most very large arrears are not a result of non-payment, but as a result of up to 18 year retroactive child support awards on children the men did not know existed. There are men who refuse to pay, but 30% of all child support is paid be men who have since learned they are not the father of the children. In 20 states they cannot fie to have it stopped, and in the other 30 states, they have just 24 months to learn they are not the father. They tend to begin refusing to pay, as was the case in the news about a Georgia man who spent over a year in jail.

The total amount of arrears has jumped in the last year due to layoffs and men not knowing they don't need an attorney to get a modification.

Can you buy a house while you are still making child support payments?

Yes, in most cases. It is a debt that is basically just deducted from your income. IE, if you make $5k a month, and your support is $2k a month, you will be looked at as you make only $3k a month. I have been paying child support for 12 years, and have bought 2 houses. I believe it would be a good idea to ask the question to the lender before going through all of the paperwork, just to make sure. Some states may have varying conditions/exclusions, or the lender may have certain restrictions on amount, length of time, etc.. The biggest hurdle will be if you make enough to satisfy the percentage that the lender is comfortable with. Hope that helps you out a little.

Can the state come after the father for child support when the mother applies for Welfare even though they have shared custody and equal time spent with child?

The State can enforce an existing order. If there is no order, the State can issue one or ask the courts to do so. However, you have a right to contest either action.

Do you have to pay child support if the juge saide you did not?

Not if an order was put into place, however that order can still be modified in the future to add an obligation. More details on the case would be needed as to why it was not ordered.

Do you have to pay csa if you were only 15 years old when the child was born and the mother was 20.the mother will not allow the father contact and she had him beaten up which went to court.?

There are no legal grounds for not paying child support, regardless of how young you were when you had sex with an adult female. As for seeing the child, why isn't the mother in jail for having sex with a minor? As for access rights, that's a separate issue, but can be addressed by the courts. I would like to know more about your specific case as it addresses the issues of underage boys receiving greater punishment than adult women, when they get the woman pregnant. You can write me by clicking on my name below.

As for your rights, see the links below

What state does the child support age end the state that the divorce was executed or the state the child lives?

The state with Jurisdiction over the child support order. This can be the state where the child lives, the state where the obligor lives, or the state where the divorce took place if jurisdiction was never moved. see link below

If a mother with a child enters rehab to fix her problems can the father get full custody where they already have joint custody?

It really depends. I think that the mother and father should have full custody. I say this because the mother is doing this to get better, for the benefit of her kids. Some might argue that she should not have custody because why would she had to go to rehab in the first place. It really depends. I think that the mother and father should have full custody. I say this because the mother is doing this to get better, for the benefit of her kids. Some might argue that she should not have custody because why would she had to go to rehab in the first place.

What are the laws concerning voluntary termination of parental rights in Alabama?

There are really only two ways you can voluntarily terminate your parental rights.

A - The child is determined to not be yours,

B - The custodial parent requests it, for example, if they are remarrying and want you to transfer the rights to the new partner, and you agree to this.

There is never any scope to terminate the rights 'just because' you want to.

If the non-custodial parent owns their own business how will that affect child support to custodial parent?

In theory it should have no affect at all - self-employed persons are not exempt from paying child support. In fact, if that person is not cooperative it can be hard to verify her/his income and also hard to collect support once an order is entered.

When paying child support what is the age of emanciption?

See Link Below

Child Support Age-At what age does child support stop and what steps need to be taken to bring this about?



If your child is found not to be mine do you still have to pay child support in the state of Kentucky?

Well, I would hope that my child isn't yours.

The clear answer is yes. Thirty states have passed laws in recent years allowing for a post challenge, but they limit it to the first 24 months of paying. The paternity fraud rate is running 30%. For this reason men need to consider conducting a test on all their children, which does not require the cooperation or knowledge of the mother.

see links

Do you have to pay child support to your spouse if you never adopted her child?

not if your cold hearted

This full depends on related circumstances. These usually apply when she has no idea who the father is, or at least claims that, and you've become a primary influence in the child's life. The drawback of this is that you can be prevented from getting custody or visitation rights, because you're not the father, while being obligated to pay child support.

see link below

What proof is required to obtain a court ordered paternity test from non guardian?

The paternity test is the proof. The court will subpoena the other parent and ask them to submit to a paternity test, which will determine if they are the biological parent or not.

Can you be pregnant and the father over age go to jail?

The ability to father a child has no relationship to being sent to jail. If you are referring to going to jail because they fathered a child to a minor, it will depend on the laws where they are. If the girl is under the age of consent, it is possible.

When calculating child support does the father add the mothers income to his then pay the mother 26percent to her?

No. If you are not married you pay child support to the custodial guardian, in this case the mother (?), and they take a 26% (?) out of your income to pay for the child. She is also already spending a % of her income. Since you are not married you do not share a income.

If primary custody in Washington changed how long does it take to stop the order of child support that the parent used to pay?

The order is in effect the day the judge signs it. Once Support Enforcement receives a signed copy of the order, it only takes a week or two. Just stay on your case worker to make sure they make it happen. * It depends upon what sort of case load the judge might have to deal with. Unless the order was rescinded or addressed during the change of custody hearing then it will not necessarily be granted automatically. Child enforcement and family service divisions are badly overloaded and understaffed in every state. It is the responsibility of the petitioner or the person's counsel to make certain all changes of support and other issues are correctly adjudicated.

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