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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
They can't simply "give the child to you." You need to return to the court and have the custody order modified so you'll have legal custody. It will go easier if the current custodial parent consents to the modification. At that time the current support order should be terminated and you can request child support if you wish.
You received child support after child turned 21 in Missouri?
The custodial parent may have filed for support in the previous years and the non-custodial parent now has to pay back support and arreage (late payment charges) They should have been paying..now it's time...to pay up. It depends on the states child support laws and what is written in the child support order. But if the non-custodial paying has failed to pay when order was written all that time...well like I said...it's time to pay up.
How do you cope with a father that refuses to pay child support but wants visitation?
Refuses or is not able to in this economy?
Of the two, not getting access to the child is far more damaging to the child and society as a whole. We don't need more another fatherless child adding to the crime rate. see link below.
Can the guardian of a child stop child support?
No. The guardian of a minor child cannot "relieve" the parent of their child support obligation. That power is reserved for the courts. If the guardian doesn't need it to help support the child then it should be deposited into a trust with the child as the sole beneficiary at college time.
How can i get child support from my ex and not make my child have to visit him?
You can't. The child has the right to be supported by her father and they both have the right to a relationship with each other. The father should pay child support and also have a regular visitation schedule.
How do you sign over an unborn child to his father?
If the question is "how does a mother sign away her rights to a child before the child is born so that the father can be the primary parent?". The answer is, she can't. Mothers and fathers alike will have rights and responsibilities to their children unless the state determines them to be unfit and terminates their rights OR unless a step-parent decides they wish to adopt and papers are filed for the termination of the mother's or father's rights so that the step-mother or step-father can adopt instead. If the question regards a mother who does not want to be a primary parent to the child and a father who wants to be a primary parent (the parents are in agreement). There should be no problem transferring custody to the father with or without the court's involvement. Either parent may raise the child without interference from the court as long as the other parent agrees. However, mothers, like fathers, may be assessed for child support in this situation. In the eyes of the law, the child's best interest is what matters and if a mother does not want a relationship with her child, the court is still going to hold her responsible, financially, for that child. Also, if the child wants to seek a relationship with the mother, the court would want the child to be able to know the mother and find the mother. Only in the case of adoption either by a step-parent or by another couple will the court sever the rights of a mother or father. No action concerning custody, visitation, child support or any issues concerning the child can be or will be addressed by the court until the child is born and parentage is established.
If this is your baby than your name should be on the certificate. Regardless if your name is on the certificate or not you will still have to pay child support if this is your baby. There are a lot of people who were never married that are paying child support so the divorce is irrevelant. Why would you not want to be responsible for your own child. Just because she is the one carrying the baby doesn't mean you are any less responsible. (see discussion)
Can a child get financial support from seaman father even the parents are not married?
Yes. The mother must file for child support.
Do children have to take their mother of fathers last name?
Like can the mother name them a totally different name than their own? I want to give my children my great grandfathers last name. The father is okay with it and agrees that would be a great way to honor him Btw I'm the asker of this question, Just giving a little more input on it. Thanks in advance
Can the father keep the child away from the mother if she is doing drugs?
Only by order of the court, and even than, there should still be at least supervised visitation.
How far behind in child support does a dad have to be before he goes to jail in nEW yORK?
three months
Can you sue your spouse for child support they were not entitled to?
It appears the question is: "Can you sue a spouse (or former spouse) for child support that is overpaid, and to which the receiving spouse was not entitled to receive?"
The short answer is "Yes".
The longer answer is that over payments of child support are subject to being recaptured by the paying spouse or former spouse so long as the demand for payment and suit to recover the payments is brought within the applicable statute of limitations for suit upon a debt. In Texas, for example, there are two statutes of limitations on debts - a two year statute for oral debts or debts for injuries (such as fraud), and a four year statute for written debts or debts from a contract. In this case, is is assumed that the overpaid child support arises from following a separation order (a contract in Texas) or a court support order (either a contract or a written debt), and the four year statute of limitations should apply.
The final answer is - make sure that what you are demanding for payment is worth the trouble and hassle of a lawsuit. It is pretty silly to sue someone for a few hundred bucks when the attorney's fees will surely eat that up completely, plus all the bad blood the lawsuit will spill over your already torn up family may make you the total bad guy. However, if the overpayment is substantial - gung ho!
This would be interpreted by the court which can make a presumption of of part time income or set support at no amount owed pending graduation and employment. see link below
If my husband has a child with another women can she legally name her child after my deceased son?
yep
To my knowledge, the term "illegitimate" isn't used on birth certificates any more.
What say does a father have who does not pay child support?
Whatever the court documents give him. Not paying child support does not automatically remove any rights from him.
How to get deadbeat dads drivers license revoked in Florida?
Section 61.13016, Florida Statutes, requires the clerk of the court to provide notice to an obligor of delinquent child support that his or her driving privileges and motor vehicle registration may be suspended unless the delinquency is corrected. This notice must be given by regular United States mail posted to the obligor's last address of record on file with the Department of Highway Safety and Motor Vehicles. If an obligor has an address on record with the department, the statute requires that address to be used by the clerk for notification. In the event that no address is on file with the Department of Highway Safety and Motor Vehicles, the clerk is relieved of the duty to provide notice to the obligor of a possible suspension of driving privileges.
Section 61.13016, Florida Statutes, authorizes the suspension of driver's licenses and motor vehicle registrations of those persons who are delinquent in their payment of child support. The statute provides:
"(1) The driver's license and motor vehicle registration of a child support obligor who is delinquent in payment or who has failed to comply with subpoenas or a similar order to appear or show cause relating to paternity or child support proceedings may be suspended. . . . Upon a delinquency in child support in non-IV-D cases, and upon the request of the obligee, the depository or the clerk of the court must provide notice to the obligor of the delinquency and the intent to suspend by regular United States mail that is posted to the obligor's last address of record with the Department of Highway Safety and Motor Vehicles. . . ."
The statute goes on to set out the requirements for the notice to be provided to the obligor.[1]
If the person owing child support does not pay the delinquency within twenty days, enter into a payment agreement or otherwise comply with legal process, the clerk "shall file the notice with the Department of Highway Safety and Motor Vehicles and request the suspension of the obligor's driver's license and motor vehicle registration in accordance with s. 322.058."[2] Section 322.058, Florida Statutes, is a directive to the Department of Highway Safety and Motor Vehicles to suspend the Florida motor vehicle operators license and the registration of all motor vehicles owned by a person who has a delinquent child support obligation when the department receives notice from the clerk of the court of that delinquency.
Section 61.13016, Florida Statutes, is one of a number of statutes adopted to provide options for the enforcement of child support orders. Section 61.13015, Florida Statutes, authorizes the court to suspend the license or certificate of certain professions or occupations for a child support obligation delinquency. The Department of Banking and Finance is authorized by section 61.13017, Florida Statutes, to withhold from the refund of the motor vehicle impact fee any delinquent child support. In each of these cases, the governmental agency or officer acts primarily as a ministerial entity performing tasks as the Legislature has directed.
The language of section 61.13016, Florida Statutes, is clear. When a delinquency in a child support case occurs and the obligee requests the clerk to act, the clerk must provide notice of this delinquent amount and the possibility of a driver's license and motor vehicle registration suspension to the person owing the duty of support. This notice is to be sent by regular United States mail to the obligor's last address of record on file with the Department of Highway Safety and Motor Vehicles.[3] If no appropriate response is received within twenty days after the notice is mailed, the clerk notifies the Department of Highway Safety and Motor Vehicles to suspend the obligor's driver's license and motor vehicle registration.[4]
Pursuant to section 61.13016, Florida Statutes, the clerk is required to send the notice of delinquency and possible suspension to "the obligor's last address of record with the Department of Highway Safety and Motor Vehicles." The statute does not provide any alternative procedure. It is the rule that when the Legislature directs how a thing must be done, that direction must be followed.[5] However, while the clerk is under no obligation to do so, nothing in the statute would prohibit him from also sending such a notice to the address of the child support obligor that is on record with the depository. Section 61.181, Florida Statutes, requires parties using the child support depository for support payments to inform the depository of changes in names and addresses within seven days of any such change.[6] Clearly, if the obligor has moved from this state as you suggest may be the case, the suspension of his or her driving privileges and motor vehicle registration in Florida will be of little consequence.
In a situation where the Department of Highway Safety and Motor Vehicles has no record of the obligor's address on file, the impossibility of accomplishing the task assigned by the Legislature would appear to relieve the clerk of the duty to send notice to the obligor. It should never be presumed that the Legislature intended to enact purposeless or useless legislation.[7] Again, if the obligor has no address on file with the department he or she is likely not a Florida driver and the threat of suspension of driving privileges or motor vehicle registration is no incentive to make up a delinquency in child support.[8]
In sum, it is my opinion that section 61.13016, Florida Statutes, requires the clerk of the court to provide notice to an obligor of delinquent child support that his or her driving privileges and motor vehicle registration may be suspended unless the delinquency is corrected. This notice must be given by regular United States mail posted to the obligor's last address of record on file with the Department of Highway Safety and Motor Vehicles. If an obligor has an address on record with the department, that address must be used by the clerk for notification purposes. In the event that no address is on file with the Department of Highway Safety and Motor Vehicles, the clerk is relieved of the duty to provide notice to the obligor of a possible suspension of driving privileges.
Sincerely,
Robert A. Butterworth
Attorney General
Where do you get the forms to have your child support amended?
You will need to file suit to have the original order amended. Contact the attorney or social service agency that handled the original child support matter and/or the office of the clerk of the court where the existing order was granted for information.
Can a father relinquish parental right and not pay child support in sc?
Relinquishing one's parental rights does not terminate one's child support obligation.
How can a parent remain committed to a child while they are developing attachments?
Could you please explain a little more please by giving an example so we can give a good answer to your question. Thanks If your talking about you making the attachments, there is not questions how to remain committed. You always put the child first and incorporate fun stuff to do together with the attachments and the child, just not a new one every week. You do deserve to have a life and you just make the proper adjustments. You dont have to have a set schedule to dating. Once a week with a sitter will not damage the child. Just pick someone you totally trust. Then you also can take the child once a week to do something they like to do. Its basically a balance of give and take.
How does the bio father relinquish his rights in pa?
GIVING UP PARENTAL RIGHTS
First, it should be understood that until court ordered, single fathers have NO ASSUMED PARENTAL RIGHTS. Financial responsibility and parental rights are not linked until he has applied to the court for permission to see his child(ren). What the father is doing is motioning the court to be released from current and future financial obligations, along with giving up the right to "PETITION" the court for Parental Rights.
This said, since they are the ones who actually carry the child to term and give birth to it, ONLY MOTHERS have the universal right to voluntarily give their parental rights AND financial responsibilities for her child(ren). The Safe Haven Laws were enacted to help prevent prom night dumpster babies. Rather than throw the child in the trash or drown it in the toilet, she can give up her child, giving up all rights and responsibilities for said child (NO QUESTIONS ASKED) at any Hospital ER.
Women and girls who give up their babies under the Safe Haven Laws almost invariably do so because neither her family nor the baby's father want the child and will not help her care for it. While the father can run off, never to be seen again, the woman cannot do the same since the child is growing inside her body. That is why Safe Haven Laws exist for women, but similar laws do not exist for men. It is practically unheard of for a mother to give up her child under Safe Haven when the father is present and willing to care for the child.
So, the male must seek the permission of the Court, AND the Mother, to give up his own financial responsibility.
Petitioning the courts to be absolved of financial responsibility can be time consuming, and expensive in terms of legal fees and court costs. Further, he could be obligated to pay for the mother's legal counsel. Further, if the mother is receiving Aid For Dependent Children (AFDC) or other State Aid for the children, not even the court has the authority to grant a motion to absolve the father of responsibility.
If the issue involves dealing with a "Gatekeeper Mother", there are means and methods to deal with this. The father need only learn what they are. See links.
