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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 child choose not to visit their non-custodial parent in the state of Oklahoma?

No, as that would be showing disrespect for the authority of the court and may be a symptom of parental alienation. see link below

How can i ask a child support for my son if his father is a green card holder in the United States of America. my son is an illegitimate child but acknowledge by his father here in the philippines?

You need to go to the agency in charge of child support enforcement in your area of residence and file for child support, or engage the services of an attorney experienced in international family law to do the same. They will take it from there.

In PA being unmarried parents does the father have to be present to sign the Birth Cert for the baby to have his last name?

My daughter was born in PA, you can name your child anything you want to. Any last name, any first name, it doesn't even have to be the last name of either parent, if that's not what you want. The only thing the father has to sign the birth certificate for is for his name to be on the birth certificate. You can name your child anything you want to! ---- It should be noted that signing the Birth Certificate does not grant the father any rights to the child. It merely acknowledges financial responsibility. Only Arizona and Arkansas has specific laws addressing the rights of unmarried fathers. Arizona grants the same rights as married father, whereas Arkansas specifically says that unmarried mothers have sole control, custody, and decision making as regards the child.

Who pays more support in Ohio if you have joint custody?

If the man is the higher earner, he will be obligated to pay, depending on related issues, such as a rebuttable presumption. see link below

What is the maximum percentage of salary that can be garnished for child support on 3 children in CA?

Child support is not like any other judgment. In an ordinary judgment where your check is being garnished an agency is limited to 25% of your gross wages. With child support the amount that can be collected from your check is the amount the court has determined to be your monthly child support.

Child support is not like any other judgment. In an ordinary judgment where your check is being garnished an agency is limited to 25% of your gross wages. With child support the amount that can be collected from your check is the amount the court has determined to be your monthly child support.

Does an emancipated child get to keep their things or do their parents have legal rights to the property because they bought it and would this include a pet?

This could be If the property was bought as a gift such as a pet being given to someone for their birthday, the receiver of the gift is the owner. All gifts become the property of the recipient and can be legally taken by that person when they move from the premises. Clothing and personal items are also included when defining this type of ownership. A different example would be if bedroom furniture was purchased for the person's use and not as a gift the furniture belongs to the buyer(s).

What kind of things are helpful to win child custody at the final hearing on custody of a non-relative infant of an acquaintance?

It would be nice to know whether you were married to the other parent or if you lived with them. If the two of you lived together, the most helpful thing (I guess this could depend on what state you are in) would be who was the person who primarily cared for the child. If one cared for the child most of the time and can continue to do so, that person would more than likely get custody if they are a fit parent. Not knowing enough about your situation, some general things would be: a past with no criminal history or mental health history, no drug or alcohol problems (or if there were these things in the past, a showing of classes, certificates, programs you took to overcome problem), a showing of an ability to care for an infant (such as parenting classes, CPR class, etc.), pictures of the child's room (room should include picture of the other parent, age appropriate toys, crib, and baby monitor), and a plan for day care (if applicable).

Can a pregnant 16-year-old be forced to sign her parental rights over to the 16-year-old father of the child and his parents?

Don't let anyone tell you that you can't keep your baby because you can! There is nothing that he can do to stop you from keeping your baby! I wish you all the best of luck in the world:) Good luck and God Bless:) * The law presumes that an unmarried mother (even minors) retain full custodial rights of their child/children. No other person(s) can force the mother to relinquish said rights, that is a decision made by the court and courts very rarely allow a child to be taken from the mother except in cases of substantiated abuse and/or neglect. A father wishing to obtain custodial or visitation rights must first establish paternity and then file a petition for parental rights in the appropriate state court. No child support, custodial or visitation matters will be addressed by a court until after the child is born and paternity has been established. The young mother might wish to contact Birthright, 1-800-550-4900, http://www.birthright.org, for counseling, legal assistance and other aid.

When does child support end in WA State. My stepson will be turning 18 soon. He has dropped out of school and his mother thinks we should pay until he gets his feet on the ground?

Your child support obligation ends when the child turns 18 without regard to his school status, as long as no child support is in arrears. Refer to Washington statute RCW 26.28.010.

What can a single mother do to ensure no rights of the father in Georgia?

She can't, unless the father is patently violent or otherwise dangerous for the child, and even then the court might approve supervised visitation.

What if your ex-girl has agreed to drop your child support obligation for a cash pay out considerably less than what you owe her How do you ensure she cannot open the case again her fiance may adopt?

The only proper advice where children are concerned is to seek legal advice from a lawyer. Don't risk taking wrong advice from a well meaning anonymous person over such a serious matter.

Minor has a baby who pays for the child support?

If you're in the US... The parents (be they minors or not) of the baby are the only ones responsible for financially supporting the child. Hope they have jobs.

If the child is disabled do you have to pay child support beyond the age of 18 in the state of Utah?

Though specifically not addressed in law, judges usually address this in the court orders. see the link below

What if you sponsor a child through World Vision and then find you can no longer fund that child?

That happened to us when my husband was laid off, we just couldn't keep up. But I called to cancel and explained what happened, they were so nice. They offered to keep the sponsorship up at a reduced rate (even then we missed a few months), and called us again in 6 months to see how we were doing. After a year, we were able to resume a full sponsorship. I was so glad as we had sponsored these children for several years, and would have been sad to end that relationship.

If you signed over all your rights as a father over 6 years ago can the child's mother take you to court now for child support?

Yes. The custodial parent can seek child support from the non-custodial parent. The amount will depend on the non-custodial parent's income. The non-custodial parent has the right to seek a visitation schedule. Both issues can be addressed in a single court order.

Does fathers have to pay for child support plus when the child is starting school that fee to?

it really depends on whether or not there was a court order stating to do so or it could depend on an agreement between the parents. often it could be arranged that the father pays child support an then half of agreed things. eg, the starting school fee an school fees stationary, uniforms, medical aid etc. like i said it depends on the court or an agreement between the parents

Deadbeat Dads-Why do so many fathers have so much in unpaid child support?

It has been maintained in the media, based on reports from state politicians, that most fathers refuse to pay child support, and that the over 90% of children are on Welfare because of this. The problem with these two beliefs are they are both false.

First, before even looking at how many children are on Welfare because their fathers aren't paying child support, one might take note of Census Bureau stats that shows 20% of children on Welfare are a part of INTACT FAMILIES, where the parents do not have the training for good paying jobs, or are disable due to injury or illness. How do you get 90% when 20% have their fathers and mothers living with them? From there, I give you, Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement.

At a Conference for the Children's Rights Council,he stated that a majority of fathers paid their Court Ordered regularly. In the latest Censusreport for 2005, it's 77.4%. Soon after making that comment, he was replaced. How could the head of the agency that oversees all Child Support Enforcementprograms in the nation make a statement that so contradicts the media reports? Because he had access to the real facts, though they were politically incorrect.

So, how does a father get $80,000 or more behind in child support, if he's making his payments? There can be a few causes.

  • He may have been paying all along, but voluntarily, and without a court. Meanwhile, the mother is collecting Welfare, without telling them that not only does she know who and where the father is, but also that she's been getting child support from him. When push comes to shove, and she does identify him, they go after him for retroactive child support instead of punishing her for not reporting it. Anything he's given her is considered a gift.
  • He's paying child support, but irritates her in some manner, than she files for retroactive child support, in the same manner Welfare does.
  • In 1995, a Navy Commander was cashing a check (not many ATMs back than) and found the Family Checking, as well as Saving Accounts frozen. When he asked why, he was told it was by order of Child Support Enforcementbecause he owed $85,000 in child support arrears. The bank teller calls him a deadbeat dad.
Now the problem with that is he's married with four boys at home, so there has to be a mistake, and they have the wrong person. They didn't. He learned he had a 16-year-old daughter by a woman he had dated back in college. He remembered that she had suddenly quit school, moved back home with her parents, and refused to talk to him ever again, so he gave up, and got on with his life. Now, 16 years later, he learns that he has daughter, and wants support for the whole time period in between, plus interest.

His appeals cost him over $25,000, only to lose. That had already drained the family savings, his retirement fund, the boys college funds, and taken the family home. He had to move his family into a two-bedroom apartment on base and his wife had to go to work to pay bills that he could no longer pay because 55% of his gross income has been attached to pay any remaining balance owed. To add insult to injury, 20% of his wife's income, was also added to the calculations for child support. The total of arrears was based on a two-year average income, and not what he earned each of those 16 years.

  • On a worse case scenario, a divorcing Michiganfather filed for custody of his 15-year-old daughter. It was denied when the mother showed that he was not the father of the girl. But, this prevented her from getting child support from him. As a result, she had to file against the bio-dad, and under Michigan law, you can wait up to 23-years to file for retroactive child support. She was awarded 15-years retroactive child support, despite the fact that her husband had supported the child for all those years. The order was upheld on appeal, despite this, and the fact that she had got pregnant when she was molesting him at age 11. He was ordered to pay for getting an adult woman pregnant.

Judge Ross cited this case in a summary opposing retroactive child support awards, which may have affected his decision to finally resign his position.

Going by news reports, quoting self serving politicians, on child support, is never a good way to get the fact on this issue. The states get 15% in Federal Matching Funds for all child support owed, so it is in their best interest to inflate the numbers. In states like Missouri, death is not considered justification for not paying child support, so arrears continue to accumulate and are shown as owed. Missouri law requires fathers to carry insurance to cover the payments in the event of death, but when money gets tight, the insurance is not kept up.

One final thought . All levels of government are notoriously for their poor accounting habit. Florida often claims it never received the child support collected by another state and sent to them. As a result, they claim they are owed it by a deadbeat dad.

I pay child support to the State of Texas but the mother is not receiving it. Where does it go what does the state do with it?

The State of Texas child enforcement agency would have it. Sometimes it takes a couple weeks to get to the mother. The state would still have it if they haven't given it to the mother.

Do you have to pay child support for the years it wasn't filed?

Depending on related factors, from 2-18 years worth. Florida allows 2 years, while Michigan and California allows 18 years, provided a judge approves the award. But, Welfare can override state laws and a judge's decision, if the mother was collecting benefits at any time in the child's life. I've seen awards exceeding $100,000. In a Michigan case, the order was against a man who got the woman pregnant when he was 12 years old. His retroactive child support was calculated at $600 a month, time 14 years.

See related links below if you have been served.

If your wife is moving to Louisiana from Florida and you are keeping your child can you get custody for abandonment and not pay child support?

I would check the local laws - In Minnesota, the custodial parent must have permission from the non- custodial parent to move out of state.

Can parental rights be stripped if the father to be is stalking and harassing the mother to be?

I can only tell you what I know based on my own experience. My daughter is now 8 yrs old and the entire time I was pregnant with her, I was stalked and harrassed by her father. When she was born I did not put his name on her birth certificate and he sought visitation and also legitimation, which he was granted. He only payed the bare minimum in child support which he constantly was behind on but I still had to allow him visitation because the judge said I could not deny visitation based on non-payment of child support. This lunatic continued to stalk me and I was granted 3 restraining orders by the very same judge but I was never able to take away his parental rights or even get supervised visitation. This man has made my life a living h*ll for almost 9 years now and every time I turn around he is taking me back to court for custody! This horrible man that has done everything in his power to make my life miserable now has joint custody of my daughter and is not even required to pay child support any longer! My best advice to you would be to seek and obtain a restraining order against the father of your child and hire the best child custody atty that money can buy! because regardless of what he has done to you, in the courts eyes he has just as much right to your child as you do and believe me, he will use your child to control you and be near you. I'm just saying go ahead and take care of this before it's too late. I would hate for any mother to go through the nightmare I live everyday because of a physco

ex that can not let go and realize that he is not wanted anymore. I know I sound harsh and that children need and deserve their father, but some fathers are more interested in the mother and only use the child to get what they want. Good Luck to you, I hope everything works out for you and your baby:-)