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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 you modify your child support arrangements after your child turned 18 years of age?

It depends on when your child support was supposed to end. If it has ended then it cannot be modified retroactively. If you are still paying support, some states go to 21, then you can file a motion to modify your child support.

Does a father have to pay child support for adopted children?

That depends, on a couple of things. First is any money owed to the state, if you received state assistance the state will require to be paid back some of the funds. Second, if there is no court order in effect that states the back support could be nulled then he still owes.

This answer above is correct, but to make it a little more understandable I wanted to add that my husband just legally adopted my daughter from my first marriage. My ex had not contacted her for more than 6 months and had nothing to do with her, so he couldn't contest the adoption. He is no longer liable for current child support, but still owes all the back child support. They will still collect his tax returns or any other moneys he is due like paycheck with holding.

If child is 18 no longer in school moved out of hus fathers home and is able to work and decides to move back to his fathers home could you have support stoped?

I am a paralegal student and just happen to be discussing child support in family law. I live in Texas and here once the child turns 18 child support stops it also stops when is no longer attending school, has his own family, also meaning if he has a child of his own and joins the military. hope this helps

Can you sign over parental rights to a grand parent?

The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.

The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.

The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.

The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.

If you marry a man who is currently paying child support and his ex-wife is asking for an increase will his having a new wife a home and new debts prevent the support increase from being granted?

Not likely! Judges seldom give the obligated parent a "break" on their financial obligations to children of a previous relationship on the grounds that the parent remarries and/or has children of such a relationship. In such cases, the law presumes the obligated parent's first duty is to the children not to a new spouse/significant other, regardless of the debt(s) that parent incurs from the new relationship.

Can a 16-year-old sue their parent for child support in California?

No, although in some instances one might see it as being justifiable. Minors cannot sue or be sued, therefore it is the responsibility of the custodial parent or legal guardian to initiate legal actions on behalf of a minor child/children.

Can you take someone off child support in the state of Florida?

Signing away custody rights does not relieve a parent from the obligation of paying child support. In fact it pretty much guarantees that she will be paying child support. However, she is not required to pay it until there is a court order for it.

If a Canadian citizen owes child support in the US will it affect his ability to cross the border?

Yes, you can request child support from a Canadian citizen if you live in the United States. You will have to have proof of paternity or have a birth certificate that has the Canadian citizens name on it.

If the father of a child gets married and owes back child support can the spouse be obligated to pay his back child support in CA?

An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.

Who is responsible for transportation when the non-custodial parent moves?

The parent responsible is the one with whom the child is staying with at the time the function occurs, unless, physically or schedule-wise, it's impossible for that parent to take the child to the function. (Parent has to work at that time, cannot drive or does not have their own vehicle). In that case, the other parent should step up to the plate, or make prior arrangements for another relative or friend to take the child. What matters here is what's best for the child, not either parent's resentment. If this issue can't be resolved privately between the parents, a family law attorney or professional mediator should be contacted.

If an adult child moves into her boyfriends' house does the custodial parent still get child support?

Unless there are unusually circumstances, once a minor becomes an adult under the laws of the state in which he or she lives (or as stated in the support order) child support ends. If he or she has established residence outside the custodial parent's home with the approval of the custodial parent, the obligated parent should petition the court to have the support order amended or rescinded. Child support money is for the support of minor children and not "owed" to the custodial parent. The custodial parent does have the legal right to sue the obligated parent for any arrearages or "extra" expenses incurred while the minor child was in his or her care.

Can you file for child support when your children are grown?

Yes, within the limitations of state law. At the maximum, in Ohio, a mother has until the child turns age 23 to petition the courts to establish paternity and to request 18 years of retroactive child support. In most states the limit is age 18, with an average of 5 years retroactive. Note that in Mississippi, the child is not an adult until age 21.

How old do you have to be to legally move out in Oklahoma when you are a minor and have had a child?

There is no legal requirement for this. The child needs to be safe, feel safe and know how to take care of themselves if there is a problem. Most authorities feel that a 12 or 13 year old can be left at home for a few hours during the daytime. Legal Age (Updated) There are very few states in the U.S. with legal minimum ages for children home alone, but many state agencies have published guidelines. Georgia, Illiniois, Maryland and Oregon are a few of the states with specific ages mentioned in their laws.

12 years of age appears to be the most common recommendation. Below in Related Links is an article entitled Home Alone Children Legal Age Limits which provides one guideline from a California agency representative who suggests that 8 year olds and over can be left at home for up to several hours (usually after school before a parent gets home from work). This site also provides a state by state comparison with references.

How do you be sure you get full custody of a child?

The type of incidents mentioned on the discussion page (false reports to child protective services, failure to keep promises, non-payment of child support, not adhering to visitation schedules, badmouthing the mother) are seldom helpful in a custody dispute if they are only presented as allegations. The better option would be to document all events that could be deemed harmful to the child in question. It can be extremely helpful if one can enlist the aid of teachers, counselors, ministers, and so forth, any honest and reputable person who has the child's best interest at heart and would be willing to give unbiased testimony. "Mud-slinging" is NOT the way to convince a judge who is the best parent, nor is submitting false or misleading statements as to someone's character. Family court judges are very good at ferreting out the truth from all parties;those persons who try to make themselves look good while making someone else appear "bad" will not be looked upon favorably by the court.

Does a non-custodial parent have to inform the custodial parent about their change of address?

they only have to inform the custodial parent of the change of address if they still wish to contact the child

AnswerIf they want to stay in contact with that person or the child or if you are having to pay a certain amount for the child then yes of course otherwise it is up to your own discretion

If the court awarded custody of the child to the father on what grounds would the court give custody to the mother if she took him to court?

Most courts use the best interest of the child to determine custody. If the court awarded custody to the father, it determined that living with the father is better for the child than living with the mother. In most states, you can file a new suit to modify custody after the fact. You generally have to wait for a certain period of time after the first award, and you'll need to prove that there has been a sufficient change in circumstances such to warrant changing the prior order. At that point, you would then have to prove that the child's needs would be better served by being moved to the mother's custody.

Custody modifications are difficult, tedious and expensive. If you are serious about this, you need to start talking to a good lawyer.

Harm alone does not reward you the custodial parent status. In most instances where harm is apparent, Child Services will intervene and correct the issue before it becomes an abusive situation. In many different ways, you must also prove the parent unfit. The process is and will be expensive, complicated and lengthly. If you have the funds and evidence to pour into a complex case, it may be in the child's best interests for you to pursue. Depending on the state the child resides, this case starts at $3500-$5000 to retain representation. You will have to petition in the state in which the child resides. I caution you, do not attempt to pursue for your own well being. The attorney representing the father will have you extensively evaluated to determine your true motive. In most cases, the original court order will not be overturned.

if you could prove harm is being done to the child.

Do you have to pay back child support if the kids are grown and the ex wife is dead?

If your children are no longer minors then you don't have to pay child support. However, if a written document was set-up previously that you also pay support for a college education then you have to fulfill this obligation. If you ex-wife left you in her Will (doubtful) she should have stipulations as to what the children will receive from the Estate and this too is an obligation and carried out by an Executor (male), Executrix (female.) The back child support is owed to the estate of the ex wife. She funded the children without that support, robbing them ofmoney that should have been in the estate. If I were the attorney representing her estate or the beneficiaries of that estate, I'd be knocking on your door with a court order!

Can a non-custodial parent prevent the custodial parent from moving?

Generally yes. If the custodial parent moves away from the non-custodial parent, the custodial parent is ordered to make up the extra travel costs the non-custodial parent must now pay.

The principle gives freedom to move, but discourages long-distance moves. In particular it discourages moves that are designed to deny access to the non-custodial parent.

Can an out-of-state noncustodial parent request visitation rights from Georgia courts of a Florida child he has never seen?

Yes, in some cases and it's up to the courts. For instance: If the mother of the child was pregnant and didn't tell you and you just found out and want to get to know your child and support that child, then the courts will probably move in your favor. However, if you just didn't feel you had any responsibility towards your child and moved on with your life the courts won't look too kindly on you and you WILL have to pay child support as you should. Marcy

If the father's name is on the birth certificate but now you want a DNA test can you get your child support money back?

In Illinois, no - the court will simply terminate your obligation if the DNA test shows what you apparently think it's going to show. I suspect other States have similar laws.

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Can a relative of a child take away legal guardianship of that child from the other relative if the child is in no harm and being cared for?

Yes. * Maybe. The relative would have to request an investigation from the department of children and family services in the state where the child resides. If the investigation warrants the child being removed from the family home the relative can then petition the court for guardianship rights.

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