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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 petition the court to force a parent to show that child support was not misused?

No. In some cases the obligated parent can make such a request, but it is very unusual for a court to grant such a petition unless a case of neglect has been proven by DSS or another state agency with jurisdiction.

In the state of Kentucky if parents have equal time with their child and the father makes a lot more money than the mother does he pay child support to mother?

Yes. Even sole custody fathers are often ordered to pay. The reverse is not true as more custodial fathers pay child support than all the non-custodial mothers do. see links below

Who will get full custody of your child you or the father?

Most often the mother gets physical custody but the court can award joint legal custody if the parents get along well and have the best interest of the child as their mutual priority. If the father wants physical custody, generally, he will need to show that the mother is unfit and the child would be better off with him. In that case the court must be provided with evidence of the mother's unfitness and each jurisdiction has its own criteria. See the related question.

What rights does a father have to an unborn child in Mississippi?

To an unborn child? None. The biological father has no say whatsoever in whether or not the mother gets an abortion or how the mother chooses to carry and deliver the baby.

The moment the child is born, however, the married father has the same rights as the mother. He has the right to have his name added to the birth certificate, even if the mother doesn't want him to, and he can petition for partial custody of the child. He also has the right to voice his opinion about any early medical decisions that might have to be made, such as circumcision. An unmarried father must establish his paternity in court and then can petition for custody and visitations.

If a parent who has joint custody of a child goes to jail for 6 months after getting a DUI would she be considered at that point to be unfit?

In the legal sense that would be a decision for the court not for an individual. Generally under such circumstances the court will order an investigation by a state agency such as CPS or DFS, and if warranted the agency will request the court to take further action. Some factors that might apply if the matter were addressed by the court would be, if the child or children were with her when she was arrested, if she had a previous criminal record of any sort (which apparently is the case), the condition of the children and the home, and so forth.

If a Parent abandons a child with third party friend in Ohio can an emergency custody order be given?

Absolutely!!! If you can prove that in fact the child was abandoned, you have every right to get custody. Get the child and go to court the next day and don't leave until you have the order in your hands.

Can a child or teen get ALS?

Technically anyone can get this neurological disease at any time. Typically it's found in adults from the ages of 40-70. This is only typically, though. Anyone can get it at any time.

What is a sample letter to the non custodial parent in violation of visitation?

We received a letter from Kentucky Cabinet for Health and Family Services, titled Custodial Parent Non-IV-D Letter.What is this about? Since my husbands daughter from his first marriage is currently almost 19 not going to college but has a good job and not living here with us. Is this another matter such as a child from another woman ?

Does an unwed mother have sole custody of her child if she has a felony?

Yes, as unmarried fathers have no legal status as a parent, other than the requirement to pay child support, until granted that status by a court. Until then, if the mother is not capable of caring for the child, her family or the state has first claim. see links below

Can the obligated parent discharge child support arrearages in a bankruptcy once the child reaches the age of 18?

If what you mean is can back owed child support payments be discharged in bankruptcy: NO. Regardless of how old the child is now. on the other hand if you mean to be included in the repayment schedule for a chapter 13 then yes. Child support arrearages can sometimes be included in bankruptcy. This pertains to arrearages only and not to current support due. A bankruptcy petition cannot override a court order of support and if arrearages are allowed to be included in a 13 the arrearages must be paid in full, not a percentage thereof, as is possible with unsecured creditors.

Can a mother still receive child support if she gets married?

Parents have an obligation to support their minor children. If your spouse is not doing so, he (I'm assuming it's a he) can be compelled to by a court. So, yes.

If a parent loses his or her parental rights does the child lose that parents last name?

no the child will not lose that parents name. i currently have 2 children i'v lost my rights to and they still carry my name. the only way they can lose your last name is if you sign saying you accept the name change, nobody can just strip somebody of there legal born name.

Can the father win joint custody if he lives with a roommate in a small 2 bedroom apartment?

First of all how many children? This will play a big role in determining. As long as there are adequate sleeping arrangements and the roomate is not detrimental to the child's well-being, there is no reason you would be denied joint custody.

Can one parent of the two sharing custody of a minor child legally keep the child from the other parent pending a DSS claim?

That would depend on why social services is investigating. If it is neglect, abuse or something of that nature suspected on the part of the other parent. Then you probably could justify not allowing that parent their visitation, or supervise it. However, the custody agreement is binding unless a petition to modify is made, and approved by the court. I would think if the child were in any way endangered or? DSS would already have taken action to prevent the parent from having unsupervised visits.

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