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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
He has the right to petition the courts for a determination of paternity and, if he is the father, the right to pay child support and petition for visitation.
Yes. You can ask for anything. Assuming the real question here is, can a single mother cause a "termination" of the father's parental rights, though, the answer is more likely, "no." In every jurisdiction I've ever heard of, this would require a court hearing and a finding that such a termination would be in the child's best interests.
The courts don't like to sever the relationships between parents and children because children need their parents, and parents have an obligation to provide for their children. Terminating the relationship means ending the obligation to support, too. Also parents have important constitutional rights to their relationships with their children. All in all, it takes something extreme and unusual for courts to terminate the relationship between parent and child.
In England parents do not really have rights in relation to their children but the law relating to children states that a child has a right to a relationship with both parents (the question of whether one parent is unsuitable is something to be thrashed out in court on an individual basis). However, if the child has not yet been born you can seriously restrict the father's ability to have any control over the child or contact with them by placing "Father Unknown" in the relevant box on the birth certificate - doing this even when you know who the father is is not illegal. This effectively means he has no say at all over what happens to the child. If you put his name on the certificate you are legally obliged to consult him over every non-trivial matter of your child's life (education, religion, medical treatment, moving house and so on).
What are the child support laws in Ohio?
The court or agency shall calculate the amount of the obligor's child support obligation in accordance with the basic child support schedule, the applicable worksheet, and the other provisions of sections 3119.02 to 3119.24 of the Revised Code.
What parental rights do you have if someone else has custody of your child?
In most cases it is not easy to sign over the rights of an adopted child to another person. Some states allow it and some do not. You may be able to do so by going through an attorney who will handle the case and facilitate the new parent adopting the child from you.
What sircumstances will cause child support be stopped?
Child has aged out
Court accepts a non-paternity challenge
Parental rights and responsibility suspend.
Child gets married or joins the military
Court places order on hold due to repeated violation of access rights by obligor parent
Can a 13 year old child legally change their last name to their stepfather last name?
Yes, if the guardian, or the person in custody of the young person will-fully consents to a legal name change.
Can you get child support in Florida when parent goes to jail for a felony?
A judge in Florid can award you child support. Getting child support is quite difficult when the person required to pay it has no income.
Is it considered child abandonment or neglect when the custodial parent goes to jail?
no. any minor children left in the home after or during a conviction become wards of the state. however every effort to find relatives/astranged parent who will take the minor child in until the parent returns will be immediate.
Can a man not pay child support if he is on SSI and SSDI?
If "SSID" means, "RSDI," - the man can be ordered to pay back ("retroactive") support.
For SSI, retroactive support will not be ordered. The SSI recipient owes any past-due support, but it cannot be withheld from his SSI benefit.
In Georgia can a father be put on child support by the state?
Do you still have to pay child support if you have joint custody?
Does the father have to pay child support if the child lives on their own in Mississippi?
A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.
A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.
A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.
A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.
Can biological mother who has lost custody of her child regain custody in North Dakota?
well if the biological mother lost custody of her child then that means she was doing somethinq extremely bad for a judge to take her child away. i suggest that the mother has stopped what she has been doinq wrong and she has turned her life around. but lemme remind you that its the courts who want whats best for the child. and i do encourage you to go and fight to get custody again. and show them that your doinq better and what you have improved in. and show them that you do care for the child and that's why you made the decision to qet better. its qonna be a hard fiqht : but i would say its one worth fiqhtinq for. good luck! : )
How old does a child have to be to stop paying child support in the state of Oklahoma?
The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs. However, the court has discretion to direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. Section §19-6-15 of the Georgia Code
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Will my child get his fathers last name in the state of Georgia since we are not legally married?
The father would need to prove paternity if the parents were not married. He would also need to provide evidence the change in name is in the best interest of the child. If the child lives with the mother who has custody it is unlikely the court will allow the name change. If the father didn't marry the child's mother there is no reason for the court to allow the child's name to be changed.
Can a mother or father file for child support in two different states if the child lives in one?
Only one venue may have jurisdiction over a child support matter at any one time. (However, multiple States may enforce an existing order.) The case is typically filed in the State where the child currently resides.
Can a father sign away his parental rightsin CT and not have to pay child support?
A parent cannot just 'sign away' their parental rights (which is a different thing than custodial/visitation rights). Termination of parental rights has to be approved by a judge. Generally speaking, judges are very reluctant to approve it unless it's for the purpose of adoption or the parent presents a clear danger to the child. They certainly will not approve it merely so the parent can avoid paying child support. If that were allowed, people would be lined up to do it, and then a big portion of those children would end up having to be supported by the taxpayers.
Can a parent whos not married take a child away from the other parent?
Perhaps if the parents are unmarried and the father has not established his paternity legally. In other cases, depending on the details, a parent cannot prevent the other parent from seeing the children without a court order to that effect. The answer can depend other factors such as who has custody, if the parents are married, divorced or never married, if there is an outstanding visitation order, if the parties are under the jurisdiction of a court, etc.
How do you collect child support from an illegal alien?
I know that if you are illegal in the US, they will deport you. If your child is a US Citizen, the child will stay in the US and you will go back to your country of origin. They are trying to fix this problem, because of so many illegal immigrants coming across the border illegally and are having children. Well the children stay in the US and the parents are sent back. * Contact the state's department of children and family services for assistance. Immigration status does not relieve a parent of the right to receive support for their child or receive public assistance if necessary. Deportation is not "automatic" each case is assessed on the individual circumstances. Any child born in the US is a citizen. In such a situation the child is referred to as an "anchor baby" meaning the unlawfully present parent generally is given the opportunity to remain in the US. Children are NEVER taken from a parent simply because the parent is unlawfully present within the US.
Do both the mother and father have to pay child support if grandmother has custody?
Unfortunately, you still have to pay if these are her grandparents. It is up to the grandparents to suggest to her that she pay something towards the children. If they are your grandparents then they can seek legal council and demand she too pay child support. If she is living with the grandparents and raising your child then it is solely up to the grandparents to decide if they foot the bill or she does. Sorry. Marcy
Depending on your state, she can file for up to 18 years retroactive child support. In Michigan, the mother, or a child of the Age of Majority, can file prior to the child reaching age 23. They allow the full 18 year retroactive. In Florida, it must be file prior to the child turning 19, but they have a two year limit on retroactive. Missouri has a five year limit of retroactive. But, even in states with limits, Welfare can override and demand a refund for all benefits provided. In California, they have a full 18 year allowance, plus 20% of the income of a current spouse or S/O can be included in the calculations.
It should also be noted that a man's current two year average of gross income will be used, and not was was earned each of those previous years in establishing retroactive child support.
Take note, that circumstances that brought about the conception is not a consideration in establishing child support. These include:
* The woman impregnating herself with the semen resulting from oral copulation. A Florida Doctor learned this the hard way. * The woman impregnating herself with the semen taken from a used condom. * A woman getting pregnant as a result of sexual activities with an underage boy, than waiting until after the Criminal Statute of Limitation to pass to file a retroactive child support order. * A woman intoxicating or giving a male GHB (Date Rape Drug), along with a large dose of Viagra, in order to have BABY MAKING SEX with him during her peak "fertile window" for the month.
For this reason alone, along with the high rates of paternity fraud, it's very important for men to seriously consider being sexually active, outside marriage, is really worth the potential costs.
Can a grandparent gain Custody of grandchild if both unmarried parents have deserted the child?
There is no "percentage rate". The court is concerned with the child's welfare only. If someone believes a child is endangered or being neglected, they should report it to CFS. An investigation will be done, and if the claims are proven true, the child(ren) will become Ward(s)of the Court. A custody hearing will be held in Family(Domestic) court. Grandparent(s) are often granted custody if they are willing and proven able to care for the child(ren).
What rights does an out of wedlock minor child have to the father's estate?
The out of wedlock child would need to be included in the will to become an "automatic" heir. It is doubtful he or she would be considered eligible under the state's probate succession laws if the parent in question died intestate. It is possible for the custodial parent to file a lawsuit claim against the estate, but that can be expensive, time consuming and emotionally traumatic. Such cases can become very complexed and unfortunately bring out the worse in the parties involved and usually result in monies being owed rather than gained.
When did the termination age for child support in NY go from 18 to 21?
The age of majority in New York changed from 21 to 18 in 1971. This was a result of lowering the voting age in the United States.
If a mother does not want child support can the father see his child?
You will still have to pay back if any owed. After you sign you won't have to pay anymore because all your legal rights to the child will be terminiated.
If Mom agrees to let you voluntarily terminate your parental rights, then, no, you won't have to pay child support going forward (but will still have to pay any arrearage unless Mom agrees to forgive it). But DO NOT do this if it not what you want to do. If you want to be a father, fight for it. Get court ordered visitation, then if Mom refuses to allow you to see your child, she can be held in contempt of court.
