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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
South Carolina doesn't make it especially easy to find this out. Nearly everything I can locate says that child support is only for minor children (i.e. those under age 18), but the South Carolina Bar's website says that it "can continue under special circumstances" without explicitly spelling out what those special circumstances are. One of them is almost surely if the child is mentally handicapped to the point that they are incompetent to take care of themselves even as an adult, but if the child is planning on attending college, that's likely not the case.
I've added a link to a document specifying how to go about the child support modification procedure, which includes information on how to get a lawyer. Note that while you don't need a lawyer to do the modification itself, you will have to pay a $150 fee to do so, so you may be better off at least speaking with an attorney first ... there's an option for low income legal aid in the document, and it probably won't cost you anything at all to at least find out if such a modification is even possible.
Child support percentage's in new mexcio?
They don't use a percentage system.
The basic child support obligation is determined using a worksheet, based on the combined gross income of the parents. You'll use one worksheet to determine child support when you have basic visitation, and another worksheet when you have shared responsibility.
"Basic visitation" means one parent has physical custody and the other parent has visitation less than 35% of the time; and
"Shared responsibility" means each parent provides a suitable home for the children of the parties, when the children spend at least 35% of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting.
The father has a right to pay support and to seek visitation rights. [BTW, the child's last name isn't relevant to this.]
SEE LINKS BELOW
Assumed minimum wage
If you as a non-custodial parent are having to pay half of the medical expenses and you know he/she has secondary medical insurance, I suggest with the primary and secondary insurance, you require a copy of the Explanation of Benefits (EOB) that insurance companies provide when they process a claim from your former spouse. These are standard issue throughout the insurance industry and are the "gold standard" that all medical billing is paid by. It clearly states what is paid by insurance and what is paid by the patient. If your former spouse refuses to provide you the EOB's (Explanation of Benefits) documenting the request to pay your portion, I would refuse to do so until you are provided the documentation. It is a reasonable request. I would not pay any medical and/or dental bill without an EOB.
In addition, even though an insurance company may not give you the info under HIPAA, under Family Code 3025 in CA, the medical provider cannot deny you access to their records. You can also obtain billing and payment information that way.
I suggest you go to the State Bar website in your state and look thru the family law codes to see if this same or similar code exists.
Yes, but in can be very tricky with HIPAA privacy laws.
In CA Family Law Code 3025. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be deniedto a parent because that parent is not the child's custodial parent.
Says you can.
If this can be found out, how does a noncustodial parent go about doing this, when there is opposition from the custodial parent? As well, you cited a California code, is this acceptable in other states? The problem I have relates to issued within Tennessee.
No, it really does not say that the non-custodial parent can have that access. It says the parent can have access to medical, dental, and school records. It does not say that the non-custodial parent can have access to payments made by the insurance company. If I gave any information to a non-custodial parent other than general company information, I or my company would be subject to large HIPAA fines.
In fact it is within the custodial parents rights to block the account from the non-custodial parent. Imagine that a non-custodial parent, no matter how much they claim to be in the best interest of the child were allowed to have access to current address or phone number information. What if the courts had taken away those rights. The health insurance company wouldn't know about that and could be endangering the life of the child.
What if this secondary insurance effects the amount that the noncustodial parent is liable to pay for unreimbursed medical expenses. The custodial parent is not relinguishing the information of the secondary insurance although according the domestic relations guidelines she can not request reimbursement for unpaid medical expenses until claims are filed with ALL available insurances. I know that she has the insurance I was able to verify that specific information over the phone, but wasn't able to get anything in writing to show to the courts. I'm currently paying on orthodontic bill and I know that if this additional insurance payment were applied to bill it would eliminate a huge financial responsibilty on myself as well as her, but I believe she may be filing a claim and receiving the money directly and not applying the reimbursement from the insurance to the bill and continuing to collect from me...double dipping in other words. What can I do???
How many points does child support cost on fico scores?
Child support does not cost fico points unless it is been rated as a collection or a judgement. I can't say there is a "No."--if it is being reported badly--the scores will lower several points. But remember--if you are paying as agreed all the other credit, not over limits on any charge card and not over extented--then those points will cancel out some of the bad points.
Can perdiem travel pay be included in child support?
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=il&vol=app/2002/2010786&invol=3
STATE OF LOUISIANA, DEPARTMENT OF
SOCIAL SERVICES IN THE INTEREST OF
D. F.
VERSUS
L. T., JR.
MAY 31, 2005
CLARENCE E. MCMANU
JUDGE
http://www.fifthcircuit.org/OPINIONS/OIP_2005/05_2005/04ca1455.pdf
On January 1, 2005, the two appeals were consolidated in this Court for
determination of whether the military allowances for housing and subsidies are to
be included in Taylor's gross income for the calculation of child support to his
children, Devon Francois and Justin Taylor. We affirm the trial court's ruling that
these allowances are not to be included in income.
DISCUSSION
-4-
The guidelines for determination of child support are set forth in La. R.S.
9:315, et seq. The schedule of basic child support obligations contained in La. R.S.
9:315.19 relies on the combined adjusted monthly gross income. According to La.
R.S. 9:315C(4), as it read on the date these matters were filed, gross income is
defined as follows:
(4) "Gross income" means:
(a) The income from any source, including but not limited to
salaries, wages, commissions, bonuses, dividends, severance pay,
pensions, interest, trust income, recurring monetary gifts, annuities,
capital gains, social security benefits, workers' compensation benefits,
unemployment insurance benefits, disability insurance benefits, and
spousal support received from a preexisting spousal support
obligation;
(b) Expense reimbursement or in-kind payments received by a
parent in the course of employment, self-employment, or operation of
a business, if the reimbursements or payments are significant and
reduce the parent's personal living expenses. Such payments include
but are not limited to a company car, free housing, or reimbursed
meals; and
(c) Gross receipts minus ordinary and necessary expenses
required to produce income, for purposes of income from selfemployment,
rent, royalties, proprietorship of a business, or joint
ownership or a partnership or closely held corporation. "Ordinary and
necessary expenses" shall not include amounts allowable by the
Internal Revenue Service for the accelerated component of
depreciation expenses or investment tax credits or any other business
expenses determined by the court to be inappropriate for determining
gross income for purposes of calculating child support.
(d) As used herein, "gross income" does not include:
(i) Child support received, or benefits received from public
assistance programs, including Family Independence Temporary
Assistance Plan, supplemental security income, food stamps, and
general assistance.
(ii) Per diem allowances which are not subject to federal
income taxation under the provisions of the Internal Revenue Code.
(iii) Extraordinary overtime including but not limited to income
attributed to seasonal work regardless of its percentage of gross
income when, in the court's discretion, the inclusion thereof would be
inequitable to a party.
-5-
(iv) Any monetary gift to the domiciliary party when the
objective of the gift is to supplement irregular child support payments
from the nondomiciliary party.
Taylor is paid a "base pay", or salary, as well as a basic allowance for
housing and a basic allowance for subsistence. The basic allowance for housing is
paid to qualifying military personnel to obtain housing when the military is unable
to provide the housing. The basic allowance for subsistence is paid to qualifying
military personnel to offset the cost of food for those who live off of the military
base. These military allowances are non-taxable.
In finding that these military allowances shall not be counted as income for
the calculation of child support, the trial court noted that the Internal Revenue
Service does not tax the basic allowance for housing or the basic allowance for
subsidies paid to military personnel. The trial court found that this is consistent
with La. R.S. 9:315, which provides that gross income does not include per diem
allowances which are not subject to federal income taxation under the provisions
of the Internal Revenue Code. The trial court correctly noted that the military
allowances in this case are not per diem allowances. However, the Internal
Revenue Code does not tax the basic allowance for subsidies or the basic
allowance for housing, just like per diem allowances, are not subject to federal
taxation.
http://www.supportguidelines.com/glines/la_cs.HTML
LOUISIANA REVISED STATUTES
TITLE 9. CIVIL CODE ANCILLARIES
CODE BOOK I--OF PERSONS
CODE TITLE V--DIVORCE
CHAPTER 1. DIVORCE
PART I-A. CHILD SUPPORT
SUBPART A. GUIDELINES FOR DETERMINATION OF CHILD SUPPORT
(d) As used herein, "gross income" does not include:
(i) Child support received, or benefits received from public assistance programs, including Family Independence Temporary Assistance Plan, supplemental security income, food stamps, and general assistance.
(ii) Per diem allowances which are not subject to federal income taxation under the provisions of the Internal Revenue Code.
(iii) Extraordinary overtime or income attributed to seasonal work regardless of its percentage of gross income when, in the court's discretion, the inclusion thereof would be inequitable to a party.
It seems unlikely that a non-custodial relative would have "standing" to request a change in child support.
While elementary school is mandatory, high school is not. Unless the support order specifically states that the child needs to be attending high school in order for support to be paid, the answer is "NO".
Only with parental permission. Minors can not choose where to live.
Does an adoption subsidy for special needs children reduce child support obligation in Ohio?
This would be considered a rebuttable presumption and is left up to the interpretation of the judge in accepting it as a deductible item. see link below
Are fathers suing to redress the custody bias in favor of mothers?
Yes. The "'times they are a-changin'". There are numerous men's organizations that assist father's to gain equal rights concerning the custody, visitation and support of their children regardless of whether it pertains to children born of a marriage or otherwise. Please be advised, unfortunately some such organizatons are classic "ripoffs" and you should always do extensive research before becoming involved especially where any amount of payment is involved.
In this economy where the majority of obligors are either out of work or facing a potential layoff, the courts are starting the recognize that there is little that can be done. If you two were together, what could you do to for the out of work parent to bring in income? For right now we have to face it that there is little that can be done. Over 40% of careers are simply gone, never to return. It will be 5-10 years for a recovery.
I'm sure it varies by state.. but I live in Mass. And here, besides your salary it also goes by what your babys mother makes. My fiance makes about $3200.- a month. And $800.- of that goes to his ex, but that's for two kids. I think it's roughly 20%.
AnswerIt does depend upon the state of jurisdiction's laws. Many states however, do not factor in the mother's financial status whether she is working or not. The other issue that will be addressed (or should be) is health care, and if the person has other viable assets. In some states,not only does the basic law apply, the judge will consider the level of living the child would have experienced if the couple had remained married/together. For example if the absent parent earned minimum income when the couple resided together or an upper classified income status. Unfortunately this criteria is not always applied in every state/case, forcing the child/children to live in a substandard/poverty level.When does child support end in New York?
According to www.courts.state.ny.us ;
In most cases, 21. If a child is under 21 and is either married, self-supporting, or in the military, a parent doesn't have to pay child support.
Exceptions;
A child between 17 and 21 who has left home and refuses to obey parents' reasonable commands can be considered "emancipated" by a court. In that case, child support might not have to be paid.
http:/www.courts.state.ny.us/courthelp/faqs/childsupport.html
No possesion is nine tenths of the law. If there is no court order the police can't even get involved, but I have been through something similar and my best advice to you is get an attorney and get at least temporary custody in place before she does so that the child stays with you and take lots of notes of everything that happens you need to start a paper trail. Good luck and I applaud you for wanting to take care of your child being a Man that is wonderful.
If the significant other is a spouse other than the parent of the child, then by default in most states, the estate will get split evenly. If they were not married, by default it should go to the children. In some states, if the person was living in the household for long enough, they would be considered "common law" union and could have almost the same rights as spouse. You should consult with a lawyer as soon as possible. Some lawyers offer a free consultation, although it is still worth it to pay a fee for advice.
with adoption
What age do children graduate high school in Mexico?
It depends, really. most kids in the city graduate and go on to college at age 18, but in some rural areas and small villages children will either graduate or stop attending at 15-16 years. this way they can start learning a trade to earn their living.
You share the parenthood of the child and so you also share expenses. It is not in any way practical for you to second guess treatments you will and will not pay for. The custodial parent has the decision making power, and even if you don't share their vision, it is best for the child not to get caught in the middle of a fight about expenses. Alternatively, you could put your child on your insurance, so there is a secondary source for payment. Kids are just expensive any way you go about it. For the future, you may cultivate a reasonable talking relationship with the other parent, who may consult you if they know they are not going to be caught in a confrontation in a time of emergency.
If the hospital comes to you for the payment and you have already paid your required share, you may be forced to sue your ex to recover the money.
2years
No, she should not even be able to "kick" you out at that age! In fact if she is mean enough to do it, then she will be taken to court for it if somebody like your dad finds out. But to answer your question no she should not be receiving child support at all. If she still is them sue the woman. And just out of curiosity, where would you go when you are only 17?
Is child support received every Friday if there are five Fridays in one month?
If the court order states that support is payable every Friday, yes.
