answersLogoWhite

0

👪

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

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approval of the custodial parent, the obligated parent should petition the court to have the support order amended or rescinded.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.

SEE LINKS BELOW

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.

If a 16-year-old runs away from their custodial parent to live with their non-custodial parent can they be forced to return home?

Yes they can. Depending on what state you are in, the legal age has changed from 18 to 17. 17 year olds are considered an adult in Georgia. Not sure of any other state, then they can do what they want. Not in the sense that the police can come and take the minor into custody and return them to the custodial parent. Before action can be taken the custodial parent will either need to file a report with the police that the child is a victim of parental abduction (it is not relevant if the child went willingly). Or the custodial parent will have to file a petition with the court to have the child returned to their custody, in which case the other parent will likely be charged with a contempt of a court order. In regards to Georgia amending the age of majority law to seventeen, that is not quite correct. Georgia has taken the same action that several states have, in that they have amended the juvenile code to designate a seventeen years old as an "adult". This gives the court the power to have said "adult" adjudicated on the same level for most criminal infractions. It also gives the court the power to grant early emancipation rights to those individuals who meet the specified criteria. Therefore, the actual legal age of majority still remains at eighteen (18).

Does your dad still have to pay child support to your mom if you are 15 and pregnant and now living with your boyfriend in another town?

That will be a matter for the court to decide. There are serious issues that need to be addressed, the least of which is the validity of child support payments. However, the parent who is under an child support order must continue to pay until the court modifies or dismisses the order. The legal avenue is, for the father of the fifteen year old to file a petition to have the support order amended. The facts of the situation will be brought to the attention of the court and there could be some serious consequences relating to the circumstances.

Is a child who was adopted after the biological father signed over parental rights entitled to any of the biological father's estate?

If you live in the US (and without knowing the state) generally speaking, adoptive or biological is irrelevant. If there's a will and the child is not named, the child gets nothing, unless they can successfully contest the legality of the will (which takes a strong case).

What percent should a noncustodial parent pay in child support In Florida?

That is a huge catagory. A couple concepts are that both parents are generally expected to work full time, if able and unless this conflicts with child care, and provide financially for children. Waiving of child support is very difficult, because it is the right of the child. Generally there is a Income Deduction Order. Generally, if the paying parent has more than 40% of overnights, the child support is drastically effected.

Can a stepfather adopt his wife's child without consent of child's father if he has not paid child support?

Once a person adopts a child, they are now the 'parent' or owner of the child. The biological parents would no longer be financially responsible. though both of the biological parents would have to sign the proper adoption documents for this to happen.

Can a father with no legal custody have to consent to mother leaving state with child?

  • If there is joint custody of the child then the father should be told by the mother where she is going with the child and for how long. If the mother wants to live in another State the courts will have to decide visitation rights. Example: The father has may have the child one or two weeks during the summer; possibly Christmas or alternative Christmas', etc. If the father does not have joint custody then the mother can leave with the child to another State without his permission, but to be fair to the child the father should be informed unless the father has a criminal record; drugs, etc., and is an unfit father.

What can you do if you pay hundreds of dollars a month in child support but the mother has not been allowing you to see your kids for more than a year?

take her court and get visitation rights.

if there is already an order for visitaion make sure you mark it on a calander time and .then take her for contempt and she can loose custody for withholding...otherwise w/ no visitation schedule not alot at this time...unless you were awarded vistiation w/ no specfic times ect then you can still hold her in contempt