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
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.
If father paying child support has another child does child support go down?
No, in the U.S. the children of a first marriage take precedence in regards to child support. The law assumes that a person remarries and the person who becomes the new spouse accept the obligation for supporting all previously born children. Although this often institutes a hardship on second families, it is still the choice that a new spouse makes when marrying someone who has such obligations as child support and/or spousal maintenance (alimony).
Child support and visitation rights are two entirely different issues. The terms of visitation should have been determined before divorce proceedings and finalized when the divorce decree was awarded. The court generally prefers the parents reach an amicable agreement for reasonable visitation by the non-custodial parent. If specified days/times have been ordered by the court the custodial parent must allow visitation or risk being in contempt of a court order.
Please include your location when asking legal questions, as laws vary by state/country. Generally, she will be required to seek and obtain the father's permission for the name change, or provide a very compelling reason why she shouldn't need it. Not having a legally named father for the child will complicate this process.
What are the custodial rights of unwed mothers in the state of Mississippi?
I don't know about Indiana state laws on this matter, but Arkansas state says that the unwed mother is the sole gardian of the unborn child. I went threw this 2 1/2 years ago. I made the mistake of putting my ex's name on the bith certificate and he ran off with my child i had to get a lawyer and it was very costly. Hope this helps you.... I don't know about Indiana state laws on this matter, but Arkansas state says that the unwed mother is the sole gardian of the unborn child. I went threw this 2 1/2 years ago. I made the mistake of putting my ex's name on the bith certificate and he ran off with my child i had to get a lawyer and it was very costly. Hope this helps you....
The mother would need the permission of the court to move the child out of state. You should be notified of the request and will be given an opportunity for your objections to be heard by the court. The court will render a decision that focuses on the best interest of the child. It will also consider your objections. Just make certain you show up for the hearing.
Can a custodial parent dictate how a child is cared for during visitation?
When there is a split-up between parents it's tough on the kids and all they know is mom and dad and nothing else. They are frightened, hurt, often blame themselves for the split-up and it's a lot of stress on a child's little shoulders. If your child doesn't want to see you, then you should never force him/her. Give them time. Twelve is a very awkward age and puberty has set in so emotions run high. This doesn't mean you child doesn't love you. Take is slow, keep in contact with your ex and see when and if the child is OK with having a visit with you. If you and your ex get along how about doing something together with you child. Have some fun together and see where it goes from there. NEVER question your child about what "mommy is doing or who she is dating" because this is super pressure for the child and they should never have to go through something like that. Good luck Marcy If the non-custodial parent has court order visitation, then the child and custodial parent has to comply with that. If they do not, then the custodial parent can be held in contempt of court. ANSWER NO, after 12 the child does not have to go with the parent. They are legally old enough to make that decision.
Can a child receive social security if the man didnt sign the birth certificate sign?
Proving paternity would become a problem as he would not be able to respond to any paternity claim. There are greater issues at stake here than just the SS benefits.
Can an unmarried father have custody of an unborn child?
Yes, but each case is different. For instance: If the father of the child was into drugs, gangs, just plain lazy and has no interest in the child, then the mother can get sole custody. This of course will have to be put before the courts to make it legal. If the judge is convinced the father is not capable or is unwilling to look after the child and help the mother out, then the father of the child will have to pay support and if he refuses can go to jail. If a judge finds both parents unfit the child can become a ward of the court.
Good luck Marcy
It's true that each case is unique. However, unfortunately for most children, 80% of the time the mother is awarded sole physical custody, regardless of how great of a dad the father might be. Assuming your child's father is a decent guy, try to put your own feelings aside and consider the following facts. Do what is best for your child.
Children from fatherless homes account for: 63% of youth suicides, 71% of pregnant teenagers, 90% of all homeless and runaway children, 70% of juveniles in state operated institutions, 85% of all children that exhibit behavioral disorders, 80% of rapists motivated with displaced anger, 71% of all high school dropouts, 75% of all adolescent patients in chemical abuse centers, and 85% of all youths sitting in prisons (http://www.childrensjustice.org/stats.htm).
I am a single mom myself, Heather
its not clear whether this is an unborn child, but if so, the father doesn't exactly have rights until the baby is born--I didn't allow my ex to come to my prenatal visits (this was mainly due to his verbal and emotional abuse that I felt was unhealthy for my child and myself) and there was nothing he could do about it (thank god).
no you cant and you would only be hurting the child anyways,but the courts will look down on it and if that's your answer to the judge he may question your best intrest in the child good luck
What are the consequences for a father who doesn't pay child support?
Laws differ between states. If the support is court ordered, then he can lose his drivers license and/or be put in jail. He MUST pay the court ordered amount and if he doesn't make enough, he needs to get another job. Most states can attach his wages. Remarriage has no bearing on child support. But will have on spousal support. Laws differ between states. If the support is court ordered, then he can lose his drivers license and/or be put in jail. He MUST pay the court ordered amount and if he doesn't make enough, he needs to get another job. Most states can attach his wages. Remarriage has no bearing on child support. But will have on spousal support.
The first thing you need to do is get a paternity test preferably a DNA. Even if you are positive, the court will want solid proof. Family Court is concerned with what is in the best interest of the child. And doesn't view him/her as a possession that can be "given" to anyone.
The first thing you have to do is establish paternity. But you can't "make" the father sign over his parental rights. He has the right to be a part of the child's life (unless the court deems him unfit, and even then he would likely have the right to supervised visits with the child) just as he has the obligation to financially support the child. If the father does want to terminate his parental rights and you agree to that, then you also give up the right to pursue him for child support.
Can your husband adopt your son if his biological father doesn't pay child support or see him?
If you were an active partner in the home when the child was adopted then of course you need to pay child support. Stop looking for loop holes. Your signature on an adoption is just as much a lifetime commitment to care for that child as is the act of procreating with your wife. Be a man and pay up. It is after all CHILD SUPPORT. They need you.
Can someone be forced to pay child support?
The court would only consider hearing the "forced into an act" claim if the male can prove beyond a doubt that he was literally held captive and his life was in jeopardy. If the mother chooses to file for child support and the alledged father contests the suit, the court will order a paternity test. The results of the test will determine if the male will be financially obligated. Other issues such as the possible coercion, deception, etc. by the female would not be relevant. Actually, the man's life doesnt have to be endangered for sex to be considered forced. That is like saying only female rape victims' whose lives were theatened were actually raped. If he didnt consent it is rape. And a man is not legally responsible for a child if the woman raped him. also, in certain states he could sue her for "stealing" his sperm
Do you have to pay child support for a 17-year-old who is not in school?
The court order designates the terms under which the child support is to be paid. Even if there is an obvious violation of the stated terms the obligated parent may not, of their own accord, cease to make the required payments. Any changes to a court order must be done through the proper procedures as mandated by the laws of the state where the order was originally issued. The safest option would be to obtain legal advice before taking any action.
Yes, the father does have to pay child support married or not. As long as you ARE the father.
If the father is ordered to pay child support by the court, then that order stands until the child is emancipated or if the order is modified.
