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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

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.

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

Can a child at age of 18 still move out if they are still in high school?

Yes< if you are 18 years of age you are then considered an adult. Therfore you are free to do anything you want wiht out your parents permission. You can still attend high school at the age of 18. You can attend high school as long as you want until you graduate. Now Worries!!

Does moving to another state excuse a parent from paying child support?

Regardless of what state your child lives in, yes you are required to pay support, the case will become an interstate case. You will send the support payment to the state in which the child resides and the money will be disbursed accordingly.

How does a family member get temporary legal custody of a minor child when the mother is in the military and father in jail?

stacie amember of familyshe pregnant does want child for financial reasons but as famil,y member i will be getting the baby n mine n husband name will be on birth certificate.Is there anything else that needs to be done

When a child goes to college do you still have to pay child support in Florida?

In the state of Florida, child support can end when the child reaches the age of emancipation, which is 18 years old in Florida, unless the child support order indicates otherwise.

You should check your child support order if there is a statement indicating when support payments end. Check with the Clerk of Courts in the county where the child support order was entered to get a copy of your support order.

You can have your child support payments terminated by applying with the Florida DOR or by court order through the modification process.

Resources:

Florida Clerks of Courts

http://www.flclerks.com/directory.html

Florida Department of Revenue

http://dor.myflorida.com/dor/childsupport/

Modifying Child Support in Florida

http://www.florida-court-forms.net/florida-child-support.html

What can you do if the non-custodial parent will not file his taxes because it will go to child support?

A person who does not file a tax return is eventually audited and then contacted by the IRS and state tax agents.

The willful failure to pay one's taxes is a federal felony.

In some instances the IRS will file the non compliant person's taxes for them based on previous filings and then bill the person for failing to file income tax returns and pay any income taxes that may have been due plus interest and penalties.

In most such case refunds are non existent.

What is the net gain? Either way, that parent gains nothing financially as there is no return. The money remains in government coffers.

Can the son's paternal grandparents take him from his mother?

Need more info in order to to answer. Taken by who? For what reason? Where is the father in all this? In what part, if any, do the PATERNAL grandparents enter into this?

In most states, grandparent's rights are based through the parent's rights. If a parent's rights are terminated, then the grandparent's rights are also lost. Sad, but true.

Does non custodial parent have to pay child support and alimony if the custodial parent doesnt work?

In some states the non custodial parent is required to pay child support even if the custodial parent is not working, especially if the custodial parent is receiving welfare, AFDC, or public assistance. what will happen is that the noncustodial parent pays child support and the departmant of social services will take that payment and use it as a full or partial payment towards the monthly assistance grant. I do not know what the standard policy is for alimony.

In Michigan if a child was born out of wedlock but the biological father signed an affidavit of parentage can the mother move out of state without first going through the courts?

The short answer is yes. The affidavit simply establishes a presumption of paternity. The father has no actual rights (to custody, parenting time, or support) until he files a paternity suit. If he did file a paternity suit, no DNA test will be required, and he will be found to be the father, because he is on the affidavit. Next, the court would issue an Order of Filiation. At that point, the mother would be bound by Michigan's 100 mile rule, and would not be able to more more than 100 miles from the other parent unless given permission by the court. However, in your case, all you have is an affidavit of parentage. You can move out of state without permission of the other parent or the court.

How can a father gain custody of his children from the birth mother without having a job?

It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.

Can the biological father relinquish parental rights to his child if the mother's new husband is willing to accept the responsibility?

The biological father would not need to adopt his own child. He would petition the court for full custody of the minor child and assuming the court deemed him fit for parenting he would become the sole custodian.

How do you stop child support payments when child is 18 years old?

The defendant must petition the court in person. To do this, certain paperwork must be filed and then a court date will be set. You must show proof positive that you have met all your financial obligations for child support. If one has missed any payments during the time they were making child support payments, those are STILL owed and the court will not rule otherwise until the entire debt has been satisfied.

At what age can a child testify in court?

As a general rule there is no threshold age for giving evidence. In other words, a child does not have to be a specific age to be deemed competent or below which they are deemed incompetent. The competence of a child to give evidence is for the court to assess on an individual basis. This competence hearing is known as a 'voire dire'.

In the past the test for competency for a child witness was whether the child understood the nature and consequences of the oath. Now that it is no longer necessary (in most common-law countries) for a child to take the oath before testifying, the test is rather whether the child understands the difference between telling the truth and lying, and the importance of telling the truth to the court.

Recently, there appears to be a shift from deciding a child's competence on the basis of reliability to deciding a child's competence on the basis of intelligibility. In other words, as long as the evidence of the child can be understood, it should be received, and thereafter the weight of that evidence can be assessed as a matter of fact. This is more in keeping with the approach taken with adults, which is appropriate, as the latest research shows that children are as competent as, and sometimes better than, adults in the witness box, as long as the children are properly interviewed and carefully questioned.

Neil van Dokkum.

In Pennsylvania if a child is kicked out of the custodial parent's house and now lives with the non-custodial parent does the non-custodial parent still have to pay child support?

no the child or teen is not living with them and the child support is to support the teen while they are living there and now they're.. not but if there are other children involved you will still have to pay for them.. but you will have to go through court unless the other parent is willing to just give up custody which in most cases they wont because they want the money..ask a lawyer they will have much more information for you or go to a court house a get a pamphlet..hope i helped!!

Do you still have to pay child support if the child is not in school and pregnant and not living with the parent?

Run, don't walk to the venue that issued the order for support and file a petition/motion to suspend/abate support.

On the other hand, if you cannot afford to help feed, clothe and educate the child you already have, perhaps you should consider not having more children...beyond the one you are about to deliver, that is.

If one parent has full custody does that mean that the other parent gives up all rights and visitation to that child?

No. Courts are very concerned that children have the opportunity to spend time with both parents. Unless there are mitigating circumstances, such as proven previous abuse. Even in this scenario, the court could order supervised visitation.

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