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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 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.
Minor child wants to leave custodial home to live with non custodial parent?
First, check out the logic of the child's "want." Does it make sense to you and your ex for this to happen? Could the other parent be more appropriate for day-to-day raising of a teenager? For example, common wisdom is that if the child is a teenage boy, it might be for the best for him to go to Dad. However, if the child wants to move because of disagreement with household rules, both parents may want to come to an agreement that, come what may, the move will be permanent. Allowing a child to use the non-custodial parent as an escape to problems regarding rules, schooling and so on, may result in "flip-flopping" households whenever an issue comes up. And, these issues will come up regardless of where the child lives, because that is the territory with teenagers. Of course, if there were issues with the non-custodial parent to begin with, then those will need to be added to the equation. In my personal life, I had to leave teenagers in Texas when I moved to Arizona. It was their choice, but they knew there was room in Arizona. The household I left them to was not the best; however there was just 4 years left until college and it was, in many ways, a short term decision. I missed them, but they are now in their twenties, and are doing well.
What happens if the name of father on birth certificate is wrong?
It's not his child to keep. The mother is comitting fraud if she knows he is not the biological father. She can ask the bio-dad to relinquish his rights and her boyfriend can adopt the child when they are married. Then he can sign the birth certificate. You do not get rights to a child just because you want to. For the child's sake there are proper legal procedures.
How much child support do you pay in NY?
In the New York state you are required to pay child support until the child reaches the age of 21. This may stop if you can prove to the court that the child is emancipated, not living with parents and has a source of income, in the military or married. How one goes about this, I have no idea.
Do you have to pay child support if the child is in college in the state of California?
By default, no. However, the obligor parent can file for a modification to require this. His level of income is not a variable other than needing a standard modification in support. see links below
When can you stop paying child support in Washington state?
If you love the child and want him or her to succeed in life, you should support the child through college if at all possible and help him or her get settled in their first job. Legally, you need not support a child past age 18.
Does the mother have legal custody of the child?
Correct. Once a minor has a child, she is emancipated, meaning she is now considered an adult and independent of her parents. No, a mother who is a minor is presumed by law to have the same rights to her child as she would if she were an adult. Parents cannot force her to sign over custodial rights, have an abortion or place a child for adoption. If the she feels she is in need of assistance she can contact the state's department of family and children's services or Birthright 1-800-556-4900, http://www.birthright.org I don't think so
What rights does an unwed father have with regard to prenatal visits?
If I'm understanding you correctly ... none at all.
What rights does a father have in obtaining custody of his child?
Sadly I'm going through this exact situation right now. I'm incredibly frustrated with the state and its law (Montana) because no one seems to care that he is such a horrible man. From what everyone has told me, the bastard gets rights, no matter what I think. If you are in a state like Montana its a "joint custody" state so if you are going to put his name on the birth certificate, he automatically has at the very least visitation rights. They make you write up a parenting plan which is good for a year and unless you can prove somehow that he is unfit, he can then ask for more time/rights/accessibility.
I was smart enough to get a restraining order against him, which does give me some leverage, but i don't know if he's actually planning on following through with his 'threats' of fighting me for custody, etc. because he's such a shifty, cheating liar. So, if you can, find out for sure if he is going to fight you, and make sure to try to document everything he says because you can always use it in court. I tried to demand he only speak to me if a third party was present (but if the father youre speaking of is anything like mine he will refuse because he knows it'll only make him look bad).
What I've had to resort to now, since the rest has failed me, is hope that he'll slip up and ruin things for himself. I'm going to write up as strict a parenting plan as possible and hope that the courts will accept it, and maybe he'll be intimidated by it. But what it mostly comes down to is that you have to do what you think is best for the child.
Mostly, 'The Right to Remain Silent'. You're being harassed... threatened... emotionally abused. He would have to prove he is the father before even thinking about any 'rights'. Once that's done to everyone's satisfaction, He's responsible for child support, whether or not he has any visitation or custody rights. 'Deadbeat Dads' can wind up doing hard time in many states. First and foremost, protect yourself- and your baby. Call the police; Get a restraining order.
Why do persons always assume the dad is "deadbeat?" Perhaps the father in question here is concerned for this unborn child's welfare and it is the mother that has issues, hence him making "threats regarding custody."
look at the facts, for the most part the only parent being unwilling to look at the welfare of the child and not selfishly at their own well being or how they can hurt the other parent is the dad. it's just a fact. stats don't lie
ANSWERI teach fathers how to prepare for a custody challenge with what is always a "Gatekeeper Mom". In 100% of the cases, any expression of desire for custody rights has been perceived as a threat to the mother's well being. I also teach them when and how to record conversations, so I heard the evidence.Gatekeeper mothers perceive any attempt to reduce their total control as a threat. Claims of being a bad or abusive father outnumber the stars in the sky. In 60% of these cases, when fathers file for custody, they are accused of child sexual abuse. In nearly 100% of the cases, claims of domestic violence, or fear of violence, is made. The claim can be made that something happened up to two years prior to the custody filing, with no evidence required. Restraining orders are easy to get and judges who require proof can face possible dismissal from the bench.
The best example was in the news. Colleen Nestler of Santa Fe, NM was given a restraining order due to the man sending her unwanted messages by way of nearly 45 minute long video recordings. She was not asked to produce the recordings as evidence.
It cost David Letterman over $10,000 in attorney fees to get the order set aside.
In a local case, after the father filed for custody, the mother filed for a restraining order claiming that in five months previous he had shot out her car windows than called her later to brag about it. She had the police report to prove it. He had called her that night, as he had a recording of it. It was to talk to his daughter. After hanging up, the house phone was destroyed.
A tree branch had crashed through the roof, penetrating all the way to the basement. As he did with all his daily activities, he kept a daily journal, so he knew who to call as witnesses. His custody challenge was denied because at the time, under the VAWA, judges were not allowed to consider whether a domestic violence claim was true or not.
I have seen thousands of these in 21 years. If the man is the victim, he can still be accused. A good example of that is at the link below.
Child support payment is something that is set out in a legally binding contract. Either set by a judge, or worked out between the two parties. In most cases payment ends when the child turns 18, and at that point the parent with custody has no legal right to child support(I do believe the age may be higher in certain areas).
Does child support stop when the mother gets married?
The purpose of child support is to support your child. Whatever else you do in your life has nothing to do with your responsibility to your child. If you have children with your new spouse - you still have to support your child from the former marriage. None of this is about YOU. It's about your child and his needs - and believe me, no judge is going to care how much added responsibility you've taken on.
How can you get the father to pay child support if he lives in a different state?
There is a sub-system so to speak, within each state's child support agency. It is an interstate office. When parents reside in different states, support can still be obtained for the child(ren). The state where the absent parent resides will be petitioned by the state where the custodial parent resides. Once this happens, the state of the absent parent will accept (usually) the responsibility of enforcing the child support order. This entails motions in court, driver's license suspension, house liens, bank account withdrawal, and any other means deemed legal by the state.
Does the father have to pay child support when the child gets social security check for autusm?
If the child's RSDI (not SSI) benefit is based on the father's SSA account, the amount of the benefit counts as child support. In many cases, this means that the father owes no additional payment.
At what age does child support stop in Nevada?
Age of majority in Nevada is 18; 19 if a the child is in high school and expects to graduate by age 19.
Child support is automatically terminated at the age of majority unless otherwise specified in the court order. In cases of mental or physical disability, the court may extend support beyond the age of majority (NRS 125B.110).
No, this is up to your mother or guardian (which could be a grandparent or uncle/aunt.) Although it's quite disgusting that some fathers refuse to take some financial responsibility for their children it does happen often. I really respect you for coming on this board and the fact you are willing to try and go after your father. You seem like a very mature young person. Perhaps you could sit down with your mother or guardian and see if they will take this to court. The courts (although it takes a bit of time) will go after your father and even dock his pay for child support if he stops making child support payments again. I'm proud to have met you on this board and you have that talk with your mom or guardian. Good luck God Bless Marcy
