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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 parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?

In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.

Will a court count a mother's new spouse's income when the mother refuses to work to avoid paying child support to the father?

Answer

In Ohio child support differs by counties. According to my husband's case they are not allowed to use my income to figure the amount of support he pays to his ex.

No.

The new spouse is not responsible for the support of children from a previous relationship of his or her partner.

In community property states the court in some cases can use the combined income of a couple who remain married when it pertains to support of a child born as a result of the husband's infidelity.

ANSWER

Not that I have seen. They SHOULD impute income to her based on her age, education and past earning ability. But generally that only applies to a man. The mother can claim nearly any absurdly low amount and the court will accept it. The man however can be unemployed due to no fault of his own, have absolutely no income, and the court will impute income at what ever he was earning at his highest point. Then they will take his license, passport, etc, and jail him when he is unable to pay. And he is not afforded a lawyer to represent him because this is not a CRIMINAL case. Never mind he is still in jail. But he has "the keys" to the jail if he pays the support that he couldn't pay before he was locked away. Debtors prison?

If you pay child support why do you have to pay half for everything your children do as well and shouldn't child support pay for that?

If such expenses are not included in the original child support order the parent contributing the extras has no legal obligation to pay. The terms of the original or amended support order are the only ones that are LEGALLY binding. The responsibility of both parents is to support their child or children financially, emotionally and be involved in their lives in a positive way, w/o having to be "forced" into it.

Life is expensive. Do the math of the expenses the other parent has just to provide shelter, food and whatnot and you will find that helping with the extras will provide your child with opportunities that they would not have otherwise. Also, school expenses are getting higher all the time. Alternatively, you could pay the school or other service directly.

If you live with your husband and he pays another woman child support can you file to get child support from him too?

No. If the parents are living together the law assumes they taking care of the needs of their minor child/children (at least one would hope that is the case).

Can a foster parent petition a non custodial parent for child support in the state of Florida?

Best to go through the FL child support agency or FL district attorney - the State has an interest in this matter.

Can a mother get into trouble if the father is paying child support and not seeing the child?

Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.

Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.

Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.

Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.

Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.

Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.

Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.

Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.

What are the child custody laws for unmarried parents in the state of South Dakota?

Mother has sole control and custody in every state except Arizona, under all circumstances, at the time of the birth.

see links below

How much does it cost to give up custody of your child to the state?

In general, one cannot give one's child to the State. The taxpayers are not interested in raising your child. When the State does take custody of a child, it pursues the parents for support.

What can you do if you have a garnishment and you are not able to pay your rent?

although most people don't have time to learn these types of things, some states garnish wages for creditors and some do not. obviously your creditor has gained a court order by which your wages are garnished. understand that this is tax deductible and you don't have to pay taxes on what they garnished. if you can't pay your rent and other bills b\c of it then it sounds like you are having difficulties. On a personal note, hang in there! Remember that money is only a game, sometimes your up and sometimes your down. Also, remember this..... your not alone. There are many people in your same situation. The problem your having now is just money, theres not enough of it. Hang in there, "and this too shall pass". Find a roomate and split the bills. Take a second job. Do whatever you have to and get out from under this ball and chain. Once you do, you will have learned a very important lesson......you never want to be in this situation again! HANG IN THERE AND DON'T GIVE UP. YOU CAN BEAT THIS. It may be possible to have the garnishment amount lowered by filing a motion to amend garnishment in the court where the original order was issued. Such action is not possible if the garnishment is for child support and in some cases spousal maintenance (alimony).

== What you have to do is to figure out a plan to get out of the fix you are in. It does mean that you should not plan on adjusting the garnishment--that will cause it to go on longer. The thing to do is to sort out your living arrangements. If you can't pay rent, then you can work toward a solution in two ways. First, find a cheaper place to live. Second, get another paying job (babysitting? seasonal work?) to help fill in the gaps. Do whatever you can in the short term to get the garnishment paid off and then you can go back to real life.

Do you have to pay child support if the child is in boarding school?

What, boarding school is free? Yes, you have to pay your child support payments regardless of where the child is living. They are used to support the child regardless of where they are living.

Dad claims other children he does not have in child support calculation?

Does he have them 51% of the time? Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year. It can be found at http://www.irs.gov/pub/irs-pdf/f8332.pdf

The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent.

How can the father take custody of a child from ages 10yrs-11yrs in age from mother in Arkansas?

He doesn't. He goes through the appropriate court and will gain primary residential custody if it is in the best interest of the child. You do not "take" anything.

Do you have to pay child support if the 16 year old kid CHOOSES to leave his family to live with his girlfriend and her mom?

It is the parents choice.

Another View: If the child support is mandated by court order, you have no choice in the matter - you must pay through the end of the legally mandated period or until he 'ages out."

As for the child "choosing" to leave home to live with his GF's family - unless he is legally emancipated in the state of his residence he cannot LEGALLY do so. How his guardian parent chooses to address this situation is up to them.

Do you need to pay a percentage of child support from your VA disability in the state of Wisconsin?

VA disability is considered income for child support purposesso you would need to pay child support out of it unless a judge determines otherwise.

Does the father have to pay for child support for a child that is 18 years old in new jersey?

Here is the law as stated in TITLE XLIII

DOMESTIC RELATIONS

CHAPTER 461-A

PARENTAL RIGHTS AND RESPONSIBILITIES

Section IV and VII

". The amount of a child support obligation shall remain as stated in the order until the dependent child for whom support is ordered completes his or her high school education or reaches the age of 18 years, whichever is later, or marries, or becomes a member of the armed services, at which time the child support obligation, including all educational support obligations, terminates without further legal action. If the order involves a disabled child, the court shall specify the duration of the order, which may be beyond the time when the child reaches the age of 18."

and

" No modification of a support order shall alter any arrearages due prior to the date of filing the motion for modification. "

So if any of the above apply and no provision to the contrary was in the support order, yes it's possible to pay child support for a child of 18 if he or she has not yet graduated from high school or if they have, if any support is in arrears. If child support is not current, it will be pursued until all past due amounts are paid. If you are current on your child support and your child has reached 18 or graduated from high school, whichever is later, you may file for termination of a child support obligation at the agency in charge of child support collection and disbursement with jurisdiction.

If you are asking whether a parent can file for support for an 18 year old without any prior support order, New Jersey law does provide for that. N.J.Stat.Ann 9:17-45; 9:17-55 of the New Jersey code says that a parent has up to 5 years after the age of majority (18 in New Jersey, so until the child is 23) to legally establish paternity and file for support based on the same. It is retroactive to the child's birth.

Could a Child Support order legitimize a child in Ga?

A "legitimate" child is one whose parents were married when s/he was born; therefore, a child support order cannot "legitimize" a child.

Your 14 year old daughter got pregnant by a 16 year old who is liable for support of the baby?

Both have equal rights of custody to the child. They can also both decide the fate of the child after birth.

In Texas, the boy is

Is there a law that states if a custodial parent interfere with a non custodial parents relationship with the child that he child can be taken away from the custodial parent?

there should be and we need to do something about it!!! hrsepwr69@yahoo.com

There are rules that the custodial parent can't interfere with the noncustodial parents parenting time (visitation). If you do have a problem with this it is recommend to report it to the courts. It is also a good idea to document when it does happen with the time and date.