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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 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).

What if the custodial parent does not allow the child to see the non-custodial parent even though the court said she can - does the non-custodial parents still have to pay support?

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.

If a father also has parental responsibility due to signing of the birth certificate can a mother change the name of child without his consent?

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....

Can the father of a child stop the mother from moving out of state if they were never married in the state of indiana?

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?

Answer

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

Can the mother deny the father the right to attend Dr. appts to follow the progress of his child just because she doesn't want to be with the father anymore?

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.

Can a father be forced to sign over parental rights if there are no court documents naming him the father?

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.

Does a father still have to pay child support if the child support if the child no longer lives with the mother?

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.

Do you continue to pay back pay child support after the age of 18 in the state of Texas?

I believe it's law everywhere that you have to pay until they are 18 regardless if the child is in school or not.

The court order for child support stipulates the manner and length of time in which support is mandated.

Issues concerning the legitimacy of payment should always be discussed with legal counsel, preferably the attorney who handled the original case.

The parent under the order should NEVER arbitrarily cease or change the payment arrangement.

In the State of Michigan, if the child is no longer in school, i.e. quits before they turn 18, you are no longer obligated to pay child support.

Does child support payments stop after the child graduates high school?

The only time child support stops is when the child turns 18 and it is paid in full with no back child support owed. If there is any child support owed however it still can be collected even if the child is 18 and out of school. The only other way child support may stop is if there is also an adoption even then if there is support owed before the adoption they still get that money. This is all of course if you have a child support order through the courts or it's in a divorce decree.

If social services has custody of a child can the child's grandparents get custody?

well it realli depends most likely no unless the mother has shown in credible things of being able to show that she can retake full responsibility of her child.. unless the grandparents fight it off in most cases they do and the parent looses so its all on luck knowledge and doing wat u have to do.... it iz wat it iz.....

If the non-custodial parent get married for the first time can the new spouse's income be included for child support?

Morally yes, you are responsible for your own children and should not expect another man to provide for them, legally, it depends what the judge says. Thats if you are asking a moral question and not trying to get out of payments but actually trying to lower them; then you can petition the agency/court to re evaluate the finances of both parents. If at all possible the stipulation of how often you see the child also is or can be considered. Every two years COLA is applied to child support measures that is when either litigent can ask for a re-evaluation

Is it possible for a parent to relinquish parental rights if uncontested by the other parent in Florida?

Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is requiredto abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody.

Check link below for more info.

What can you do about email harassment by the non-custodial parent?

You have to communicate about the child but how you do that communication is up to you. You do not have to meet in person or even pick the child up yourself. It is beneficial for the child to see the parents get along though and this should be your goal. It is not acceptable for a parent to miss important information because the parents can not communicate.

Do you have to pay child support if you file for visitation rights?

Yes. Children are not for sale or barter. You have a right to visitation even if you don't pay child support - one has nothing to do with the other. Of course if you go to court and petition for visitation, you will get it, but they will also notice that you are deliquent and, as a separate matter, expect you to pay it. You can face jail time if you are too far behind.

What to do if the father does not want to be on the birth certificate?

Well,she can do that, but it depends on the standards, like if the you knew the father, or if the child will ever see his/her father. something like that. I watch a lot of court shows and I also read a book about it.

Do the father still have to pay child support if the mother is mentally ill?

Why not? It's still your child. Who has the child the father with mental problems or the custodial parent? Still if the father has mental problem and he fathered a child...yes he does have to pay child support. Was the father with mental problems receiving some type of disability for his mental problems? If so he is still responsible for paying child support. Does the father have custody of the child? Somebody needs to go back to court ad petition the court.

How much does the non-custodial parent have to pay for child support?

The amount is determined by statutory child support guidelines in most jurisdictions or the department of social service in the state the child lives if the child is receiving financial support from the state.

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