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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
What is the difference of Parental or custodial rights?
A guardian must be appointed by the court pursuant to a petition for guardianship and has the legal authority to care for another individual's person and/or property. In the case of minors, a guardian is someone other than a parent. In the case of an adult, a parent can be appointed as their guardian.
Custody, in this sense, refers to the care and control of a child awarded by the court usually to one or both parents. The parent who is awarded custody of a child is not referred to as their guardian.
Does a father still have to pay child support if his child quits high school in Indiana?
The father of the unborn child is obligated to pay child support once parentage is established through the voluntary acknowledgement of the male or by an order of the court. The father of the pregnant daughter has no legal obligation to support her child, but does have a legal obligation to support her until she reaches the age of majority for the state in which she resides or the terms of a standing child support order are completed, amended or rescinded.
How old does your child have to be before you can stop paying child support in Mississippi?
The age of majority in Mississippi is 21. Generally if the minor marries or enters the military they are considered emancipated and child support is no longer be valid.
What should you do if a parent that owes child support dies?
She does not have rights to his estate until all of his obligations have been met. Submit a claim to the executor of his estate or to the court if he did not have a will. Also, you should be entitled to Social Security benefits for the children, so check with the SS office near you. * No. In all US states the surviving spouse has first claim to all marital assets. This means that real property and assets jointly held when titled correctly will pass directly to he or she and will not be subject to probate procedures or other civil action pertaining to any debts. A claim can be made to the probate court for child support arrearages. Claims paid out of non exempt funds of a deceased are done in accordance to priority, child support arrearages in some states would be considered a high priority claim.
Probably not. If the non custodial parent has assets it possible the court would order them seized for child support obligations or be encumbered by a lien. A person cannot be held in contempt when he or she is unable to obey a court order.
Generally what happens is the child support arrears accrue interest and when the obligated parent is released he or she is given a set time to pay the amount before any other action is taken.
When divorced can one parent have custody of one child and the other parent have custody of another?
No, the emancipation laws around the world include both parents or guardians, not just one. A child who wants to be emancipated is stating they can support themselves without the help of an adult.
The laws on this vary by state. Judges usually have a broad range of discretion to do what is in the best interests of the child. I have heard of it being done before.
AnswerThere are numerous factors to be considered. First has the biological father established paternity? If so, is there a court order addressing the issue of visitation and/or custody rights? Is the father paying court ordered child support? If most of these do not apply, the father does not have the right to make any type of request concerning the child. The most important of these issues would be the existence of a joint custody order. Judges base decisions on the amount of involvement a parent has in a child's life. Any parent who does financially support and is not actively involved in the child's life will not be looked on favorably by the court.If she moves out of state with the child and it isn't in the divorce papers she can get arrested.
Does the father have the right to know where his son lives if he is paying child support?
No. The mother has the right to know where the child is when she's not in her possession. In fact, the court would require it. What if something happened to the father while the child was with him? It would not be in the child's best interest for the father to be able to keep his whereabouts secret from the mother when the child is with him.
Now that's a good recipe to cause strife.
I'm not sure what you mean by "take", but the answer is YES AND NO.
Prior to 2001, NO under any circumstance. However, a young Maryland man brought about the first successful action to overturn such an order. As a teenager, the young man had developed testicular cancer, resulting in the loss of both his testicles. Despite popular belief, this does not prevent a young man from either the desire for, or the ability to perform sexually, which became his undoing.
Due to his sexual involvement with a woman of even lesser morals, he was ordered to pay child support simply because he was the only man the mother could clearly identify to Welfare.
The young man won his initial appeals, but Welfare pressed forward, taking the matter all the way to the Maryland State Supreme Court. This resulted in Maryland becoming the first state to recognize Paternity Fraud.
In 2000, as computer technology advance, the 25-year mapping of the Human Genome was completed. From there, as computers continued the ability to process ever-increasing amounts of data at even faster rates, the ability to process paternity tests went from months, to weeks, to days. Paternity test kits began appearing online that allowed men to determine if they are the fathers of their children, especially in cases where the men were paying child support to a mother who had left them to live with the bio-father of the child(ren). This was especially common in divorce cases where the assumption was that the husband was the father of the children.
In increasing numbers, men paying child support began demanding the right to challenge paternity. By 2006, seven states had passed laws allowing post paternity challenges. In January, the Kansas legislature considered such a bill, on behalf of an Iraqi Veteran, who had been name as the father while on active duty. Unable to return to the US to challenge the claim, a default order was entered. Upon his return, he attempted to file a motion to set aside the child support order, on the grounds he had never had relations with the woman, and thus, couldn't be the father, but his court filings were rejected, so he took it to the legislature. The Kansas Legislature found that such an action would be harmful to the wellbeing of the receiving mothers, and their children, so it was voted down. In July of 2009, Governor Jay Nixon made Missouri the 30th state to allow post paternity challenges, with limitations. The obligor has just two years from the time the order was placed into affect, to challenge paternity.
Though twenty states remain that do not allow post paternity challenges, in none of those states that do, are there any provisions to recover money already paid. Further, if the mother does know who the real father is, she can than file a retroactive motion, for up to 18 years of support, against him. The previous payer has no standing in the courts to take this action, so in many ways; these laws have created a real financial windfall for the mothers.
This needs to be a lesson to any men participating in illicit sexual activities. Even in states that have passed these laws, there are time limits on filing; you get none of your money back. Further, if you're the real father, you could be ordered to pay tens to hundreds of thousands of dollars in retroactive child support on a child you did not know existed.
The amount ordered will be based on your previous two-year gross income, and not what you earned each of those previous years. All your assets will be forfeit, and your current income will be attached for 55% of the GROSS amount, averaging out to 65-70% of the after tax net amount.
A few minutes of pleasure can cost you not only your complete financial freedom, but also that of any family you may have at the time of the award, like all the college savings you had been putting away for your kids. In addition, neither condoms, nor oral sex, provide full protection from a paternity claim, as a Florida Doctor learned in 2006. A fellow doctor, with whom he had oral sex with, impregnated herself with it.
See related links below.
What percentage of fathers pay their child support?
It all depends on the amount of time you spend with the child(ren), how many other children you are currently supporting, and your income. The link provided should direct you to your County to answer any more questions. There is also a Child Support Calculator where you can enter your financial information as well as how much visitation you have and, at least, get a general idea of how much you will pay.
Can mother stop father from seeing his child if only one month behind in child support?
No she can not. If you have a custody agreement you can only change it by going to court. You pay support for the child so they have food on the table etc, not so the child will have access to his father. He has the right to see his parents anyway.
Can someone go to jail for not paying child support?
Yes. Wrong! The only time some one pays "Back Child support" is if the work and do not pay the correct amount from their pay checks. If a person is unemployed the are not liabel for child support. It is the same as if a mother is not working: she can get welfare and she does not have to pay back the money.
How can you stop child support in Washington?
I suggest that you contact your State's child support agency. When you get an interview with them, bring all the papers relating to your child support: birth certificates, acknowledgments of paternity, court orders, payment records, etc. Be polite but persistent. Good luck!
If an unmarried father signs a birth certificate does this give him parental rights?
An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test.
A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.
Can you teminate parental rights voluntarily in NJ?
I don't think it is possible. However in some states it is mandatory that there be someone willing to adopt the child, before a court will allow the father to sign away his rights.
Basically, you'll have to check the family laws of the state you're currently in to know for sure what will be allowed as far as the signing away of parental rights is concerned.
no Giving up your rights to your child in no way protects you from paying child support. Having rights protects you; financial support protects your child. You may want to consider what it means to be a parent even if you don't want to be involved in your child's life. This is a responsibility of yours, like any other moral and financial obligation. All states have procedures for the voluntary relinquishment of parental rights. The court generally grants such a petition to allow the child(ren) to become eligible for adoption by the new spouse of the father or mother or other qualified persons. The non-custodial parent who files for TPR and meets all requirements may or may not be allowed to be relieved of all parental obligations including financial support of biological children. Such decisions are made by the presiding judge and cases are adjudicated based upon their individual merit.
Review your child support order. Your child support obligation is governed by the order and state law. Some states extend child support for education purposes as long as the child is in school full time. Some end the support at eighteen or when the child graduates from high school.
If your 17 year old daughter has a baby do you still have to pay child support?
Regardless of the situation, the obligated parent must adhere to the court order of support until the order is amended or rescinded by the court of jurisdiction. The father cannot arbitrarily stop child support payments, he will have to file a lawsuit (petition) in the appropriate state court to have the child support amended or stopped. Unless the young woman falsified the documents needed to obtain public assistance, the state's division of child support enforcement or social services would be aware that her father is paying support also, and that would in all likelihood indicate the support order now in place would hold up if contested.
What is the oldest age you can receive child support?
If you live in the US... The child never receives child support. Child support is due to the custodial parent. In most states it ends at 18 or graduation from high school, whichever occurs later. However, in some states, it can ordered beyond high school if the child is in college.
Will the father of your son still have to pay child support if he is unemployed?
Yes, if the order is still in effect. He must obey the child support order or he will be found in contempt of a court order. If his income has decreased he can petition the court to modify the child support order.
Do you have to pay child support if you don't have custody of your child?
If there is an order through the courts for you to pay child support...then you must pay child support! If circumstances have changed since the last order was made by the court, you need to go back to court and have the support and custody orders modified.
If you just don't want to pay child support because you have possession of the kids for the month of July...that is too bad. You are still not the custodial parent and you are still ordered to pay child support. Child support was designed to allow the custodial parent to maintain a certain way of life for your child...and even though your child is with you for visitation doesn't mean you aren't still responsible for providing the support the court ordered.
It will depend on the jurisdiction and the manner in which maintenance is calculated. In my case the mother and I share the total combined costs of our daughter in proportion to our incomes. It works out that I pay 60% and she pays 40%. That applies whether our daughter is resident with me or with her mother.
In California, as well as several states, visitation and access time is considered a deductible item in the calculations for child support. The drawback of this is that the custodial parent will deny the other parent access for some period of time, than file for an increase in support.
In other states, for extended Summer visitation, this is often figured into the calculations, than the payment averaged out, however it is not mandatory and depends on whether your attorney raised the question. For this, you will need to check your case file to see what was considered. Talk to the Clerk of the Court about that. While you're at it, purchase a copy of all the relevant material, including a new copy of your custody orders, for your personal files. You should check this file yearly.
In states like Missouri, when you've had the child for 30 days, you can request the child support stop. The drawback of this is that visitation is never set for longer than four weeks.
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If the father has joint custody of child how can he get full custody?
If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.
Do you still pay child support after child turns 18?
Yes, in most states you have to keep paying until the child turns 19 if they are still enrolled in a state accredited school. I am actually going through this in the state of Ohio. My child turned18 on August 25 and is still in school but has moved in with her boyfriend and I now have grounds to terminate my child support order. If necessary you should be prepared to do any investigative work on your own time and money because they do not go any farther than a phone call to the school and the payee.
