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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 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.

If parental rights are still in effect does a parent have a legal right to see his or her child?

A parent is the biological or legally adoptive mother or father. If you have lost custody of your child you are still the child's parent in that sense. If you have allowed your child to be legally adopted you may not be in their life but you are still their parent in that sense. In a legal sense you can no longer make any decisions for the child and have no parental rights.

Is a family member allowed to represent you in court for child custody?

some have done it, but it's not recommended. see links below ADDED: The questioner does not make clear if they are the parent, or the minor, that is asking the question. If you are the parent - see the above answer - if you are the minor - no, you cannot.

How long does it take to terminate child support order?

With the case backlog, it could take months, so file early. see link below

Can the father force visitation rights if the child lives in another country and he has not paid child support?

IF you have a legitimate court order granting you visitation you can enforce it at the mother's home with a police escort. You cannot take them out of the country, however, unless the mother consents or your custody/visitation order states that you can. If you disagree with this you need to file for a custody/visitation hearing in her state and county. You can go to the pro se (meaning to defend yourself) website for her state and do most of it online, you could even have someone you know here stateside file it in court for you to get a hearing, however you NEED to be at the hearing. Your other option would be to hire an attorney in her state and county and she can go to court on your behalf (with some required paperwork) and try to get the order modified. Through personal experience and working with hundreds of court cases I never suggest that you allow a judge to make a decision so serious that will affect your life until your youngest is 18 without you at least giving the judge your side of the story.

Can a father take a child and keep it from the mother when no one has custody?

Answer

Do it the legal way and have her served. You will need to file the proper custody paperwork at the courthouse, then wait until she is served. Once she has been served, take the children legally. Get a lawyer and be prepared for a fight.

Yes. Until a custody order has been issued by the court both parents have full rights to their biological child/children. The other parent must be notified of the child's/children's whereabouts and be allowed reasonable visitation. Likewise, as noted, in Washington State the filing of a parenting plan is usually required. As long as the proper procedures are followed the court will not look unfavorably upon either parent. However, it is not in the child's/children's best interest to be removed from the family home unless the circumstances are such that their well-being is in jeopardy.

If the father has not seen the child in 11 years the child is now 13 never supported the child what rights do the father have?

This depends on a number of factors. The age of a child has a lot to do with parental rights. The divorce or separation degree may already have specific information about this topic. It would be best to hire an attorney or mediator to help work this out for you.

Who has better chance of child custody - mother or dad?

If this refers to the unborn child the laws of the state where the child is born would apply. Generally the unmarried mother regardless of her age has full automatic custody of the child except under extraordinary circumstances. If the mother is unmarried and the father wishes to share custody he must first establish paternity (usually through DNA testing), even though he claims to be the father.

Can a custodial parent file an injunction against the non-custodial parent to prevent him from moving?

He can always ask the courts to stop you from moving, however you are under no obligation to do something just because he asks. The court must agree with him and give the mandate that you remain in your state. If you have legitimate reasons for wanting to move to another state and are not just trying to get the children away from him the court will most likely not award his request. However, if you are just being vindictive against him, or the court believes that you are, you might be prevented from moving.

AnswerYes, and it depends on the judge and your state how they handle it. It is usually allowed if it is for a valid reason such as new and BETTER employment or if, married again, your spouse has to relocate.

However, if the court views it as an attempt to move as far away from their Dad as possible, his injunction will be approved.

AnswerIf you have full custody of the children you must notify the court where the custodial order was issued of you intention of moving. The father will be notified and if he so chooses he will be given the opportunity to present arguments as to why the move should not be allowed.

It is very rare for a judge to refuse a custodial parent's request to relocate.What generally happens is, visitation arrangements will be modified to allow the non-custodial parent equal opportunity for seeing the children. For example, rather than weekends the order might be changed to holidays, birthdays, school vacation (if applicable) and so forth.

The burden of visitation will still remain on the non-custodial parent as to travel expenses and related issues unless the couple agree otherwise. Any relocation will not change the terms of an existing child support order.

Is the custodial parent jeopardizing custody if he or she doesn't abide by the court ordered visitation schedule?

Yes. Child custody is decided on what's best for the child. So if its best for the child to go with him/her, then that is what the judge will decide. * It's possible, but the non custodial parent will still have to be notified of the proceedings and given the opportunity to object to the act. Considering the cited circumstances that hardly seems fair, but it is, in the US the law.

Can a 17 year old sue for back child support?

Yes, as an adult you can sue a noncustodial parent for back child support. However it is a different story if the noncustodial parent has never been ordered to pay child support. You can still sue them for a percentage of their assets. I am currently working on a case in which my client is sueing his father for 15 years of back child support. Any divorce lawyer can handle this case for you.