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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 an adult collect back child support from his biological father in Indiana?
I don't know, but I am aware of several cases where the custodial parent collected back child support years after the child reached adult age, even to the point of garnishing social security payments.
If you sue for full custody of a child does the non-custodial parent still pay child support?
In general, no. Child Support and Custody/Visitation are separate issues and often handled in different parts of the court system. For more accurate information, please remember to specify the State your matter is in.
Whatever rights are specified in the court documents. Simply paying support does not, in and of itself, guarantee any other rights.
The a single, unmarried, obligor parent has no rights by virtue of paying child support except the right to request a visitation schedule. A separated parent, without a restraining order applied to him/her, has an assumed equal access and decision making to the children unless limited by a court ordered visitation schedule.
Can a parent sue for overpayment of child support?
I would say , Yes. The reason is , sometimes if a child graduates, the mother may not inform the paying parent that the child did not continue with higher education.So the money continues until the paying parent finds out the child is out of school for good. Usually child support stops at age 18 unless the child has continued his/her education or has special medical needs, etc etc.Tell me if this is incorrect.
How would a man go about getting either full or at least half custody of his child in CA?
Fortunately California is more advanced than other states when it comes to equal rights between Mothers and Fathers.
Any good Fathers with a good relationship with their children should have a very good opportunity to a shared custodial arrangement.
To obtain full custody, you generally have to prove that the Mother is unfit, for example, a serious alcohol or drug abuse problem, mental instability, physical abuse etc.
I have been litigating cases on behalf of Dads for thirty years. The problem with most Fathers being unable to obtain custodial rights, is a lack of preparation on their part. You have to know how to act, what to say and what to do in an evaluator's office and in court if you want a fair chance at success.
For some reason Mothers tend to study, prepare and ask questions much more frequently than Fathers, thus the reason they are more successful.
If you would like more information about knowledge and preparation to achieve success with custody, go to http://www.fatherswincustody.com. You will learn the 10 biggest mistakes people make in custody and how Fathers can succeed.
I hope my answer is of assistance to you.
Can you get child support for an unborn child?
No. Once the child is born to an unmarried couple, paternity needs to be established before a child support petition can be filed. It can be the voluntary acceptance of the male involved or in disputed cases a paternity test (usually DNA rather than a blood test) must be done.
Well actually, it depends. A non-custodial parent can still have liberal, defined visitation and if that parent, say has 3 days a week or every weekend, and their income is vastly lower than the income of the custodial parent then there would be an avenue in many states where that 'non-custodial' parent would be entitled to child support. Again, it would vary on a number of factors including what you mean by non-custodial. If non-custodial includes no physical or legal custody and/or no visitation at all, the avenue seems virtually impossible. However, simply being non-custodial would not be the single defining point. In fact, there wouldn't be a single variable that would determine the answer to this question (particularly as state law were weighed in). Best advice, contact an attorney, many will provide free first consultations.
yes, even in cases where he was underage with an adult woman of any age.
see links below
Maybe, it depends upon the laws of the state in which the biological minor father resides and other issues, such as whether or not paternity has been established to the satisfaction of the court. In the majority of US states, a DNA paternity test by an approved court facility is now required before the court will address support and/or custodial issues.
Do you still have to pay child support if the child refuses to see his father?
Child support is issued by court order. Unless the court order specifically gives this as a reason not to pay support - and I can guarantee it never will - you're still on the hook for it whether or not you get to see the kid.
You can get the court to include specific provisions requiring visitation but the failure of the child to want to see you or the ex stopping you won't get you out of it. Now, if you have visitation and the ex won't let you see the child, you go with a witness - or a police officer - and then go back to court with the witness testifying that the ex refused visitation, whereupon the court will order the ex to comply.
But you can't really do much if the kid doesn't want to go with you or see you short of dragging him places.
Does a parent have to have custody to consent to their underage child's marriage?
No, You don't have to have custody of your child to consent to the marriage. You either have to be parent which you are or the gurdian. You are still your child's parent regardless of weather you have custody or not. You could also call to the Clerk of Courts and ask them if this will make you feel comfortable.
AnswerIt depends on the laws of your state. But in many states (and for all I know it could be 'most' or 'all' states), a non-custodial parent alone cannot give permission for a minor to get married.In Michigan does child support automatically stop at age 18?
yes
Even if my child is still in high school ?
In Alabama does the parent still have to pay child support if the minor has a baby?
i live in cailf.my child is 18 and she just had ababy do i still have to pay child support do i pay child support for my child who has a baby
Should custodial FATHERS receive child support?
YES,THEY SHOULD. A CUSTODIAL MOTHER GET'S CHILD SUPPORT WHY WOULDNT THE FATHER. IT WORK'S BOTH WAY'S.
Child lives with mother who has joint custody but 15 year old child wants live with father?
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.Who has custody when both of the parents names are on the birth certificate?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Can the father still have visitation if he is not paying child support but has a court order to pay?
Visitation and child support are two different issues. Legally you can't keep your child from visiting the father on that charge. Some fathers have gotten modified change of custody orders because the mother wouldn't allow visitation.
If the parent doesn't work does he still have to pay child support?
Yes. It is a court ORDER that has to be carried out. (been there, done that). Couple of things you might do. 1) Ask your spouse for leniency. 'if you let me lower the payments, I'll make them up to you.' 2) Go back to court and ask for a reduction due to change in economic situation. In both cases, contact the court and let them know. Keep them in the loop. You will find if you keep them in the loop with changes in status, both good and bad, they will be more open to your situation. Don't hide, don't run, it will make your position worse. This goes for males and females.
Do you have to pay child support if the mother of the child is an illegal alien?
Can a man sign the birth certificate in Tennessee if he is not the biological father?
The child doesn’t have his last name nor did he sign birth certificate but he did pay support for 18 years
How do you file for child support in Florida?
Federal law allows up until the age of majority, for the parent to file, and one year pass that for the child to file as an adult. Florida retroactive limitation is two years, but Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement opposes the practice and many judges are not refusing these motions as they frequently are done to men who never knew they had a child. In those cases where it is being allowed, there's a growth in lawsuits against the mothers for paternity fraud in not notifying them they had a child.
If a father has custody can he keep the child from her mother if she is not paying child support?
No, both biological parents must be notified of a custody hearing. However, if the parent who the child does not reside with does not appear in court on the date of the hearing they may lose their custodial rights by default. If child support has been ordered by the court the issue of custody would have already been decided.
Will the indigent father have to pay child support?
Yes. Depending on the state, the mother can wait up to 23 years to file for up to 18 years in retroactive child support, even if the man never knew he had a child. see links below
The meaning of "legitimized" isn't clear, but paternity must be established prior to the entry of any order for support.
Do you still have to pay child support if your x-wife leaves the state?
It would depend on the child's age but Yes if your child is still enrolled in highschool. You can stop if your child turns 18 and has graduated from highschool but if your child turns 18 and is still in highschool then you'll have to pay support until the child graduates highschool or turns 19 whatever happens first.
In Arizona if you sign over your rights to your child will you still have to pay child support?
No, all child support arrearages are to be paid under the terms of the court order even if the biological parent is granted a termination of his or her parental rights. TPR decrees are not for the purpose of allowing a parent to escape his or her financial obligations to a minor child/children.
You only have to pay support up till the age of 18 then they are no longer a child but an adult you may have to split the college but that should be arranged by the court
In the majority of states the age of emancipation is 18, if that is the case, the young lady would be of legal age to move where she choses. However, because she has not finished high school the child support order might be remain valid as long as she resides with a parent or legal guardian. State laws would determine exactly how such a situation is viewed in terms of emancipation and support obligations.
