You need to go to court to modify your child support agreement. Yes, as long as your old agreement hasn't been modified, she can legally collect child support from you. There may be provisions in your support agreement by which your children do not have to reside with her, especially if the money is still going toward their support. The court probably won't make your ex-wife pay back the money, but it will give you credit for having paid it.
Custodial rights in any US state depends largely on the individual circumstances surrounding a dispute and the judge's interpretation of such. Generally the main contributing factors in the decision are. the ages of the children involved, the extent the non custodial parent and other relatives (grandparents, etc.) are currently involved with the children, the purpose of the relocation, and the plans for transportation of the children for visitation purposes. There are no certainties in such situtation. But a move when it pertains to the parent retaining their employment status does carry a considerable amount of weight in the matter.
What happens with the child support order if the non-custodial parent is out of the state?
All US states honor and enforce child support orders issued by another state. The obligated parent is still bound by the terms of the support order regardless of his or her state of residency. The same actions can be taken to enforce the order in the state where the non custodial parent resides as would be possible in the state where the original order was issued.
If we legally change the child's surname does the father still have to pay child support?
No - the child's name is irrelevant to this.
But, he has the right to sue to change it back.
If the name was changed legally, then the biological father would have had to have given up his rights so that the child could be adopted by the stepparent. Depending on the state, county, etc,..... he may not have to pay.
This depends on a couple of things, the state you are in and what your court order says.
If the child is living full time with one parent it is the other parent who pays child support. However, if the child is living with the father for the summer (summer possession) the father will still continue to pay the mother child support even though the child temporarily is living with the father. The reason for this is the mother still has bills that are keeping the house and such for the child to come back too.
The only way a father will not have to pay is if the court order says that during summer possession the father does not have to pay child support, but normally in this case the mother would not be obligated to pay child support to the father.
However in the end, people should do what is best for the children and not worry about the dollars they receive or don't receive.
Does a unwed mother have sole custody of her child in west Virginia?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
Can a father not pay child support for a child he did not want?
A termination of parental rights petition can be filed in the appropriate state court where the child lives.
Whether the petition will be granted depends upon the presiding judge. The decision is based upon the best interest of the child and not the preference of any involved party. Therefore a petition can be granted in full relieving the parent of all obligations including financial ones, be granted with specified terms, or be denied.
A full TPR petition is seldom granted for any reason other than for the child to become eligible for adoption.
A TPR request is not intended to be used as a legal way to avoid personal responsibility.
Can an alcoholic parent get custody?
It an issue that can be raised with the court in determining what affect if any this may be having on the child.
Depends on state\province usually you would call your local police station and they will complete a form and tell you the proper steps.
Which state do you have to file for custody if the child lives in another state than yourself?
As regards establishing your financial responsibility, you would file in your state. Filing in the other state would grant them jurisdiction over child support, though you might wish to evaluate the difference in state laws. If you live in Washington, you are obligated to pay for a college education. When child support stops varies from state to state. see links for help
Can a parent give up parental rights to a child even if parents are still married to each other?
A biological parent is automatically the legal guardian of his or her minor child unless they voluntarily relinquish parental rights or the court terminates those rights to their child. Temporary custodial/visitation/support issues are decided at the time divorce papers are filed, the permanent decisions are finalized at the time the divorce decree is granted.
Can a child of 18 leave home if they are not self supporting?
In most cases child support ends at the age of majority, which in all but four states is 18. Alabama and Nebraska 19 and Mississippi and Pennsylvania 21. However, the support order issued by the court is the order that must be followed even if it is conflict with the state statutes pertaining to the issue at hand. Many child support orders include stipulations as to the child leaving the custodial parents home and responsibilities of the parents in regards to educational issues.
I'M in the same situation. I was told that the spouse is not held responsible for your child even if she is married to your child's father and he isn't supporting the child. Eventually he will get locked up and his license will get suspended.
AnswerNo, you have no legal obligation to support the biological child of your spouse. However, depending upon what state you live in, property owned jointly can be subject to a lien or seizure for back support payments. Whether or not a marriage took place between the biological parents is irrelevant when it pertains to the support of the child/children. That is based on the assumption that paternity was established to the satisfaction of the court or the father voluntarily accepted the parental obligations.How long does a father have to sign the birth certificate?
The mother must be of course. Yet, if the father can not be then no, or if you don't want the father to sign he does not have to.
In Michigan when a child is born the mother fills out a form. The mother is asked if she is married and instructed based on her answer what information is needed. Paternity is established through court. If you are married or the father accepts paternity it is a legal matter. I'm still amazed at people stating the father signed the birth certificate. In Michigan there is no place on the certificate for any signature outside of the doctors.
What rights does a father have if he pays child support?
Probably legal fees and the back child support (if any) that you owe. * TPR petitions are not for the purpose of a parent to be relieved of obligations to their minor children. The judge makes the decision as to whether or not a TPR will be granted and to what extent. Such matters are decided on what is in the best interest of the child and not on the preference of parents or any other interested party. A TPR petition cannot be filed when there are arrearages in child support that has been ordered by the court.
Mothers signing off do they have to pay child support?
The father should contact the clerk of the court where the support order was enacted for information on how to rectify the situation. Even if the mother has agreed to stop support payments it is not legally binding until the court issues an order stating such.
If the father is in arrears he will most likely be obligated to pay the amount before the court considers ending support obligations. Likewise, if the support payments have been made through the state's social services it may not be possible for the mother to or father to engage in the action canceling support obligations.
How does a father relinquish rights in MN?
If you truly mean rights (such as visitation), you can just walk away. However, In Indiana, a father cannot "relinquish" parental obligations such as support unilaterally. This is true unless something else happens such as the mother remarries and her new husband legally adots the child or the child becomes legally emancipated. Otherwise, you sre stuck, so to speak, with the obligations of a father until the child is an adult. Interesting to note that the woman can relinquish her obligations to a child before (abortion) or after birth (adoption) but that in no state does the father have any post-conception decisions.
School is not a place of visitation, and ultimately the school is responsible for returning the child to the custodial parent at the end of the day, unless that specific custodial parent has notified the school of other arrangements. In this situation, it is imperative that the court order that sets forth legal custody be on file at the school.
You need to check the laws in your particular jurisdiction by consulting an attorney or an advocate at the family court. Your question implies a non-custodial parent taking the child out of school during the school day. Generally, Unless the parents have shared legal custody, the non-custodial parent has no right to remove the child from school.
The parent with sole legal custody should make certain the school has a copy of the court order that granted them sole legal custody. If someone other than the custodial parent will be picking up the child during the school day the parent should notify the principal in writing and also call to confirm. If necessary, the school should have on record a copy of the visitation schedule if the non-custodial parent will pick the child up after school on their visitation days.
Can you get a paternity test after paying child support for 10 years?
== == == == Due to the advancements in simple paternity testing, over 30% of those paying child support are learning they are NOT the father of the children.
Now, it could be claimed that the children need a father, and any father will make due, but if the man files a challenge for custody. or even to enforce court ordered parental rights to see the children, in most states, the mother can make a showing of evidence that he's not the father and thus doesn't deserve the right. But, if she does, she loses her claim on child support. However, she can than file a retroactive order against the bio-dad, if she's not already living with him.
In 20 states, once a man is paying child support, he cannot challenge paternity, but in the other 30 States, he has only 24 Months to learn he's not the father, and file a challenge against being obligated to pay child support. These restrictions are not equally applied to the mothers in a defense of a challenge for custody by the father. In January of 2009, the Kansas Legislature turned down the passage of a law to allow challenges to paternity even in cases where the man has never had contact with the child. The issue rose from a case involving a man who had a claim filed against him while on Active Military Duty when he was unable to return to the US to challenge the claim. Child support claims not limited by the Soldiers & Sailors Civil Relief Act of 1990 (SScRA).
In June of 2009, Missouri became the 30th state to pass the law. Signed by Governor Jay Nixon, it followed the pattern of the other states with the law of having a 24 month limit on a man to learn he's not the father of the child, whether or not he's had contact.
There should be Mandatory Paternity Testing not only in all new Child Support Claims, but perhaps in at the time of all new births. to prevent the mother from filing for retroactive child support on the bio-dad after years of marriage with the child supported by a man who thought he was the father. The words of the day for all men who've been told the are to be a father should be:
What does child born out of wedlock mean?
It means that the mother and father of the child were not married
Can an unmarried father with a prison record gain custody of children?
Hell yes! I had a record when I was 18 - I'm now 74 and have been raising children ever since. Having a record doesn't make you unqualified to raise children.
If the support order designates the age as 21 and the payments are being made to the custodial parent not to the state and payments are current then the support may be ended upon the child's twenty-first birthday. If payments are made through the state's family and children's services department or some other state agency, a notice of release from obligation must be obtained from the authorized caseworker. Biological parents and adoptive parents must support a child until: the child reaches the age of majority (and sometimes longer if the child has special needs or is in college) the child is on active military duty the parents' rights and responsibilities are terminated (for example, when a child is adopted), or the child has been declared emancipated by a court. (Emancipation can occur when a minor has demonstrated freedom from parental control or support and an ability to be self-supporting
Can a Florida mother receive child support even if she owes child support on a previous case?
If the mother isn't receiving any kind of assistance from the government, she can waive the right to child support from the father, but it wouldn't be in the child's best interest. Child support is the child's right, not the mother's. If the mother were really well off financially, or if she didn't want the father anywhere around the child, she could waive the child's right to support. The father has a responsibility to help take care of the child he helped bring into this world.
ClarificationGenerally, in the US, a mother cannot legally waive a child's right to support from their father. A child is legally entitled to be supported by both parents. However, the mother can choose to not involve the court if the parents were never married or if there will be no divorce action filed. However, if the mother doesn't want the money she should put in a college fund for the child.Does a 15 year old father have rights to his child?
A minor who becomes a parent has the same legal rights to their child as an adult parent. In such a case the young man would need to establish proof paternity before he would be able to file for his custodial rights. Such proof is best obtained through DNA testing although the majority of state's will accept blood test results.
If his name is on the birth certificate he is the legal parent along with the mother. If they have split up she can go to court and ask for custody.