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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
She can be charged with perjury.
No. She has the legal right to sue for support if it has been proven he is the father of the child. The court can also order the male in question to take a paternity test if it is warranted.
Contact your local police department. "Tough love" is certainly appropriate in the situation you describe. The police may have some resources available for your son. Sometimes a "boot camp" type environment works well, other times they may need to get involved in a "Scared Straight" type program. Whatever you do, don't turn your back on this situation. He needs a reality check, and needs it now. Sorry to hear that you are having problems with the ones you love. It must be difficult. Remember that you certainly aren't doing him any favors by ignoring the behavior. What he is doing will assuredly result in his destruction. * The agency with jurisdiction to assist would be the Maryland Social Services Administration. Since the parents acknowledge that they are aware of the minor child using illegal substances, they should be extremely cautious involving law enforcement until they have been apprised of their own accountability status. The legal age of majority for the state is 18.
Yes if she could prove that the child is better off in her primary care. If the child is thriving and safe with you, it would be hard for her to prove. But custody can change at anytime so she has the right to file.
What are the step to get a support order corrected if submitted incorrectly?
Contact the clerk of the court where the order was filed and they can inform you of the proper procedure to amend the petition.
Will disowning a child relieve a parent of child support payments?
Well 1st off disowning a child or even thinking of doing a thing like that is horrible in itself.But as far as your question goes,no I don't think so because regardless of what you do,the one thing is always going to remain ansd that is the DNA factor.But again don't be a parent that would do something like that because that baby or child didnt ask to be born into this world in the first place.So pay your child support or who ever th e question was asked for and take care of that child,and remember this "IT DIDNT TAKE YOU THAT LONG TO SIT THERE AND MAKE IT"SO IT SHOULDNT TAKE YOU THAT LONG TO TAKE IT",take care of your responsibilities.PEACE......
If you are asking this question I hope it's for good reason. I found myself in the predicament because I no longer had any say over what and how my child's mother (my ex) was raising him. Everytime I took one step forward teaching him the ways of the world his mother would bail him out making him take two steps back. At 16 he is almost an adult with his own views and I cannot change those at this point unfortunately- not that I'm done trying. But he lives with his mom and he is getting into trouble with the law pretty regularly- stealing etc. I'm afraid if gosh forbid he hurt someone or something I would still be responsible for that even though I have no say in his upbringing or day to day life at this point. I pay my child support and will continue to do so until he is 18 but I don't believe I should be legally responsible for any chaos that may insue where he lives with his mother. She should? So can I disown him legally?? A few of you must be in this predicament??
Can i change my child's last name if his father signs over his rights?
yah i think so how old is the child?
Yes , the biological father will be held legally responsible for the support of his child .
He can still gain custody as the presumptive father.
This should be part of your will.
Yes. A child support order isn't automatically modified by other issues. The non-custodial parent can file a motion for contempt with the court and seek a hearing regarding the child being removed from the jurisdiction. That parent should visit the court or contact an attorney for advice.
Is the non custodial parent or grand parents legal if the custodial parent is not present?
Parental rights are paramount to "grandparents rights". In most jurisdictions there are no such rights.
Parental custody rights must usually be established before child support can be addressed. Generally the parent with whom the child resides is the one that the court presumes is the custodial parent unless the parent who the child does not live with wishes to contest the matter. However, since no marriage existed between the parents, it will in this case be necessary for the father to file suit for custodial rights before he can pursue any other actions against the absentee mother. In addition, paternity must be established by the father to the satisfaction of the court according to the laws of the state in which the child was born, before the court will take the custodial matters and other issues pertaining to the child into consideration.
A single parent and their child/children moving in with a relative will not change the status of the non-custodial parent's legal responsibility to support his or her child or children. The court bases the decision of how much support should be paid on the income of the obligated parent and what the child's or children's economic level would have been if the parents had not separated. If you know his name, and where he is stationed, you can contact that installation's Inspector General and file a complaint. There are specific service regulations that mandate a servicemember's payment of child support. If you are fighting to have court-ordered child support enforced, the Inspector General can assist with either enforcement or other resolution.
Can your parents legally spend your child support money on themselves?
If a minor child is being abused or neglected, the obligated parent paying the child support can (and should) request an investigation by the state's department of child protective services. The court does not monitor the use of child support monies if the child has not been neglected, abused or is living in an environment which could be considered unsuitable. For example, if the minor child is not receiving necessities, food, clothing, medical care, education, and so forth; and it can be proven that the custodial parent used the support money for drugs, gambling, alcohol, etc. there could be grounds for prosecution of that individual and the minor would in all likelihood be made a "ward of the state".
How do you file a paternity suit in the state of nebraska?
You can either hire an attorney or do all the work yourself. You can go to the court house and file a petition to request a judge to review your case.
Yes.
Until the court order is changed, it stands and he is well within his rights to excercise his rights.
More OpinionsAs clarification, the court can only award visitation rights, it cannot force (mandate) a parent to exercise those rights. A judge will rarely rescind such rights unless there is confirmation of abuse or endangerment of the child or other similar issues.
Yes, because one day difficulties will arise and then if the other parent petitions first that parent usually gets what they want. One day one of you might decide to get remarried and that will cause several disagreements. ----
As stated by the first answer, things can arise to create difficulties. But, this need not require the hiring of attorneys. WARNING: LONG WINDED OLD FART
An uncontested divorce or paternity action need not require the two of you to hire attorneys. You need only find a Certified Mediator, hack out the agreement, in detail, file it with the court, and set a hearing date. On that day the judge will swear both of you in, ask if you both agree to the terms set down in the document, than everyone signs it. Generally, there is a 30-60 day waiting period for the document to be recorded with the county and state registries.
The mediator will be a lawyer or paralegal, with specialized training. Each of you MUST pay half the fees. The fees could run from $200 to $1000, depending on the going rates in your area, and time spent on the document. Court fees could run $50 to $150, but if you are tight on money, you could request a waiver.
These are the things you NEED to cover in the document.
CUSTODY Soul Custody Joint Legal Custody Joint Physical Custody Bird Nest Custody (see below)
VISITATION
How close do you live to him?
How old is the child?
How often?
What specific weeks, or months?
What specific holidays on in a list of years, do each parent get the children?
What if the custodial parent wants to move out of state?
MEDICAL
Who covers medical insurance?
Who decides on treatment?
CHILD SUPPORT
How much?
Weekly, Bi-Weekly, or Monthly?
How Long? Eighteen, High School, or End of College
Do you split the cost of college?
What state(s) may they attend in?
What is the minimum amount of college credit hours the child must take?
Who gets the tax deduction(s)?
What if the child gets pregnant? Does child support stop?
DEATH
If the residential parent dies, who gets the child? Never assume anything.
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It's a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.
The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.
The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.
At times, bird's nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.
Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.
The arrangement can be expensive as it generally requires that three separate residences be maintained, the "nest" and a separate residence for each parent.
The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont. In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird's nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:
"In Lamont ... the court made a bird's nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird's nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known....
"Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house." See link below
May I ask why the divorce or separation? It's very important that the child(ren) have both parents in the home. Is there nothing that can be done to preserve this?
See links below
Stanford University Divorce, Nontraditional Families, and Its Consequences For Children
"We know that children of divorced parents have more emotional and behavioral problems and do less well in school than children who live with both their Parent."
Fortune Magazine: Crime & Fatherless Families
"Ominously, the most reliable predictor of crime is neither poverty nor race but growing up fatherless."
Stay Married & Save The Planet
JOINT CUSTODY: Equal Time
How I divide my life between my divorced parents' homes. By Charlotte Juerge - Newsweek Web Exclusive - Dec 15, 2008
Father Makes Two - Time Magazine
By Margot Roosevelt Sunday, Nov. 11, 2003
Stupid Things Parents Do to Mess Up Their Kids
Ten Stupid Things Couples do to Mess up Their Relationships
The Proper Care and Feeding of Marriage
Fatherless America : Confronting Our Most Urgent Social Problem
The court decides and no.
Does a spouse have to pay support to out of wedlock children?
Yes. Worse, the mother can wait up to 23 years to file for up to 18 years in retroactive child support. see links below
No, she has no way to collect. Child support is determined both by the husbands ability to pay and the woman's need. For example- if your husband makes $40k a year and the woman doesn't work, the court would order the woman to work 40 hrs/week to support her own child and she'd have to furnish proof to the court that she was doing that. An illegal alien doesn't have the ability to do that- they have no social security number and pay no taxes. They can't have a legal job- therefore, she wouldn't have any ground to stand on in a family court.
How long does child support warrant last for in Florida?
If there is a warrant issued, it stays open until resolved/you are arrested. Arrest warrants do not have time limit.
I'm in KCMO. A judge has to approve it and the mother cannot be on welfare now or in the future.
What isProtective Custody of child vs full custody of child?
It regards the issue of getting an emergency custody order for a child in need of care.
