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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

What do you do when the non-custodial parent kidnapped the child?

Petition the court to terminate the visitation with th guardian until the jailed parent is released from jail.

Do you still pay child support on child who become s pregnant?

I am not an attorney or legal specialist. But If you are receiving child support at 20 are you receiving back child support owed from years that the parent skipped while you were a child? If you are receiving back child support then I would think not. If you are still receiving child support on your self at 20 and are pregnant , I would think that it would stop. Being pregnant is an adult action. I am not sure what state you live in but I would check the Divorce decree of your parents .

AnswerIf you (or actually, I guess your parent) still receive child support at 20, then I imagine it's because you're still in school. If that's the case, and you remain in school and do not become 'emancipated' (for example through marriage), then I don't think a pregnancy would have any effect on the child support order. Check with a local attorney.

How long are you to support your child after graduated from high school that lives in your house?

In most States child support ends upon the emancipation of the child. If you and your child's other Parent has entered into an agreement to continue child support beyond high school for college expenses, the child should start school after the summer ends, unless otherwise stated or agreed. If however, the child is sick, or has a good reason to postpone school, you should have your agreement modified to specify when the child is to start college and should he/she quit school or produce failing grades, child support ends. Good Luck.

What can a mother do for a child's support if the father of her child is on SSI and does not have a job and does not have to pay child support?

If the father is on SSI the child is entitled to check too from SSI. If the paternity of the child has been established you are fine. You can contact SSI with the childs birth record, file a child support action and the child will receive his own check. If paternity has not been established hire and attorney or contact you local child support enforcement agency.

How do courts determine when to award joint custody?

There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney regarding this question. About 90% of divorce cases are settled out of court, though, and most joint custody is established this way. Judges will rarely change an arrangement that has been established by the parents.

The legal status of joint custody may eventually change. Supreme Court decisions have found parental rights to be guaranteed by the Constitution. Because a fundamental right cannot be denied without a compelling state interest that cannot be achieved by any less restrictive means, some legal scholars believe that, in the absence of abuse or neglect, parents have a right to both legal and physical joint custody (Canackos, 1981; Robinson, 1985). This theory has not been tested in court.

[This answer was excerpted from "Questions and s About Joint Custody" by Rick Kuhn.]

References:

Canacakos, Ellen. "Joint Custody as a Fundamental Right", Arizona Law Review, Vol. 23, 1981.

Robinson, Holly. "Joint Custody: Constitutional Imperatives", University of Cincinnati Law Review, 1985.

What is the procedure to end child suppport in California?

No, it doesn't; you have to file to terminate it. In my case, my son turned 18 while he was still in high school. The court order stated that support was to continue until he turned 18, or left high school, which ever was later. Even after graduation, child support payments continued until I filed proof with the court that he had graduated.

If you are not the father do you need to pay child support?

If you are not the child's parent (biological or adoptive), you should not be paying support.

This fully depends on the circumstances. If you were married at the time of the birth, you can. There's current a New York case where an ex-husband pays child support to the mother whose now married to the biological father.

see links below

If you are married and have a baby with someone else who is legally the paternity father?

Well, you need to get the issue sorted out before very much time goes by. Dr. Phil had a show in November regarding this issue. Your husband needs to know that another man is the father. This is one of those unpleasant consequences of behavior. If the husband doesn't want to adopt the child, the biological father will owe you child support. You need to get it straightened out now because should you later divorce, it has a good chance of becoming a problem for you and the child.

How do you lose guardianship?

A person who has been appointed as a legal guardian can voluntarily relinquish his duty to the ward. That is the word which describes the person the guardian is supposed to be caring for, tending to his property, and other obligations for the welfair of the ward. The court where the guardianship was created is generally a probate court, or a special court for matters which concern children. The court acts with 'orders'. An order is a written instruction from the court. In cases where a guardian is not fullfilling his duties as prescribed by the law of the particular state, the court can revoke the guardianship. Guardianship is what all of the guardian-ward relationship is called. It is controlled by the specific law of the particular state. Because a guardian can legally act only within his instructions from the court, the guardian can be removed from his legal ability to act with the person or property of the ward. The court supervises what the guardian does. But the court generally does not do much of anything unless the questions are brought to the court by written documents presented to the court. For example, if the ward is unhappy with what the guardian is doing with his person or property, the ward has to approach the court for the court to consider the situation; or if the ward wants the guardianship to be ended or a diffierent guardian appointed, the ward or someone with an legally accepted interest in the situation has to approach the court for the court to consider the situation and the desires of the ward. or if a person with a legally accepted interest in the situation has questions about the extent of the order of the court empowering the guardian to act about the property or person of the ward, the matter must be brought to the attention of the court. The court evaluates the complaints and questions and decides if the guardian is acting in the best interests, or reasonable interests of the ward, if the court, after hearing all the information decides that the guarding is not acting in the interest of the ward, the guardian can be removed and replaced, or the guardianship altogether might be done away with because it is no longer needed.

Does a child have to live with a parents half the time for that parent to be considered the residential parent in Ohio?

I live in Ohio and I do believe the child in question must live with the parent MORE than 50% of the year for that particular parent to be "the Residential Parent". In my case, it was described in the Divorce Decree that I was to be the sole custodian and residential parent.

If you need further info, try calling the Ohio State Bar Association and see if they can point you in the right direction or give you the info you need- they may even be able to do it for "free". :)

peggy

Does a father have to pay for things other than child support?

Rule One: You must make all your court ordered child support payments or you will be in contempt of a court order.

If you "gave extra money" and have proof in the form of a cancelled check, it may or may not be counted against future payments. It may be considered a gift. It would be up to the court to decide.

Do you have to pay child support if you are not married but live together?

Yes, you will have to file for a change in the order but you can get it end if your child gets married. If they are in college and get married, that eliminates your duties of paying child support in most states.

In Texas can a 16-year-old refuse vistation with the non-custodial parent?

A 16-year-old cannot leave home without his parents consent unless he has been emancipated. You would be picked up by the police and returned home. If someone takes you in when you runaway, then they could be facing charges for doing so. Texas does have laws against harboring a runaway. They could also face charges for contributing to the delinquency of a minor, and possibly other charges as well.

If you now have full custody of the child do you have to pay back child support?

Generally, yes, if you have full physical custody. It's normal for things to happen that way... the custodial parent receives child support payments from the non-custodial parent in order to help pay for the child's, well, support... but really it all depends on what the court decree says, and there might potentially be cases in which the court rules otherwise.

If you are named after your grandfather are you the second?

Yes it does. Because for example, if someone was named Bobby and his last name was Shoe, (Bobby Shoe) and your name was Bobby but your last name wasn't Shoe then you would still be Bobby the second!

Technically no. But you may use the suffix of Jr. or II to differentiate between you and your father. When signing a legal document it is better to drop the suffix and always use your middle initial as it is written on your birth certificate.

In Canada at what age does child support stop?

The age of majority in Canada is 18 or 19 years, depending on the province or territory where your child lives.

Can a child aged 10 be arrested for assault to another child?

im in highschool at the moment but ive learnt alot about this stuff. i also live in canada so the charges maybe different but in canada we have the YCJA system (youth criminal justice system) which involves 12-14 and then 14+.

so some one of age 10 probably wouldnt have huge charges. or no charges at all. maybe not even court. and for such a small crime it wouldnt be that bad. the boy may feel guilty afterwards but. Community service is a big part in the YCJA and under for smaller crimes. but as of 12-13 they CANNOT (its illegal) be charged with adult charges.

thats all i know. if im wrong blame my teacher. but i hope this helped alittle.

When does child support end in Louisiana?

Child support ends when the child reaches the age of majority (18).

See Louisiana Revised Statute 9:315.22

A. When there is a child support award in a specific amount per child, the award for each child shall terminate automatically without any action by the obligor upon each child's attaining the age of majority, or upon emancipation relieving the child of the disabilities attached to minority.

B. When there is a child support award in globo for two or more children, the award shall terminate automatically and without any action by the obligor when the youngest child for whose benefit the award was made attains the age of majority or is emancipated relieving the child of the disabilities attached to minority.

C. An award of child support continues with respect to any unmarried child who attains the age of majority, or to a child who is emancipated relieving the child of the disabilities attached to minority, as long as the child is a full-time student in good standing in a secondary school or its equivalent, has not attained the age of nineteen, and is dependent upon either parent. Either the primary domiciliary parent or the major or emancipated child is the proper party to enforce an award of child support pursuant to this Subsection.

D. An award of child support continues with respect to any child who has a developmental disability, as defined in R.S. 28:451.2, until he attains the age of twenty-two, as long as the child is a full-time student in a secondary school. The primary domiciliary parent or legal guardian is the proper party to enforce an award of child support pursuant to this Subsection.

Can federal work study income be garnished for a child support order?

Yes, in some cases it can. Thefederal law that once prohibited such income as being totallyexempt has been amended in some areas. Not all such income is exempt from child support obligations. As a general rule, one should assume that there is no income exempt from garnishment for such support. Such casescan beadjudicated on anindividual basis.

A child that drops out of high school earning a GED in Florida does the father still pay child support once the child turns 18?

It certainly depends on your local laws but usually when the child you are paying support for turns the age of majority, does not live at the home anymore or drops out of school the support payments are to stop.

I would check as soon as possible with your local laws as well check your age of majority - you may be intitled to receive some money back.

How can a child support order be canceled?

If the child is not yours the paying parents or if the amount of payment is too much.

If an 18 year old goes to live with sister and is still in high school are you reqiured to pay child support?

I could be mistaken, but I believe that child support only applies for the biological mother/father of the actual baby. As you are the father/mother of the mother, I don't think you have to pay anything, even if you're daughter is only 16. The 18 year old is the one that has to worry . . . but this could also change depending on what country/state you're from. Im from NSW Australia, and that's what would apply here, but things could be different for you. Wishing you the best of luck in the future . . . Having a child does not emancipate a person. Your 16-year-old daughter is still a minor, and therefore you'd still have to pay child support for her (notice I said *her* not her child). I'm assuming she's not married and is still in school and lives at home?

Do you have legal obligation for child support after child turns 18?

You need to contact an attorney or legal aid in your state.

Massachusetts just ruled that child support obligations survive death. If the estate has enough money to continue paying the support, the parent cannot disinherit the minor child to stop child support payments after death.

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