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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

When does a fathers name get put on a birth certificate?

By requesting a Paternity Test either in court or through your local county child support division. Once the test comes back positive, if it does, then you will receive paperwork to send off to make an amendment to the child's birth certificate.

Is a Custodial parent required to provide clothing for the children during the non custodial parents visitation if child support is being paid?

First off why is child support an issue? Why wouldn't you have at least one or two outfits on hand for these situations. What if your child had an"accident" and needed clean clothes? These are perfect reasons why a lot of children suffer after divorce. Nit picky issues. Parents should think about the child's feelings. It could be a favorite shirt but only worn at mommys house. That's stupid! So what if a pair of socks gets left behind?To squelch the problem, think of this.. would you want to run around naked because your parents squabbled over your clothes?
Get over it and focus on more important issues. It's YOUR kids who suffer and will remember how childish this battle really was. So yes. Provide an outfit or two, but be sure to send the outfits from "other house" home with the child.

How to get more child support?

Hi.I went to my states DOR website and clicked on contact us.I was emailed back and the person whom emailed me said they would mail me inforamtion as i was wondering the same thing.You have to fill out a form to modify it.Hope this helps You can either file it yourself or call a paralegal and they can file it for you. Don't go to a lawyer, they will charge you too much

Who is responsible for child support the fathers name on birthcertificate or biological father?

Yes. The best example I've seen of this involved a 27 year old Michigan man ordered to pay 14 years in retroactive child support in 1997.

The woman he was having a relationship with at age 12 was married, so when she got, she assumed the boy could not be the father due to his age. Fifteen years later, her husband filed for divorce and custody. She countered by stating that he may not be the father of the child. Paternity found that he was not, however by making this claim, she could not receive child support from him, so she filed against the bio dad and was awarded $85,000 based on his average earnings at the time of the filing. The fact that the child had been supported by another man during those years was not a consideration.

This is one of the problems with having an affair with a married woman. This can come back you bite the man up to 23 years later. see link below

If a man signs birth cert and finds out he is not the father what does he do?

Paternity Fraud has always been a significant problem, with with advancements in DNA testing, a growing amount of men are learning that they are not the father of their children, especially as regards child support cases. But, only 11 states allow them to enter DNA evidence to prove this, with Kansas being the most recent to turn down the law in legislative session.

What is the legal age you stop paying child support in South Carolina?

Generally, the obligation ends when the child reaches 18 years of age. If the child is already otherwise emancipated, payments will stop at the time of emancipation.

If the child is still in primary or secondary school when he or she reaches the age of 18, support payments will continue until that child graduates, ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation or reaches the age of 20 - whichever of these comes first. Based on its discretion, the court may order payments to cease at age 18, regardless of graduation date or any other factors.

see links below

If a father in Texas has no job how can he pay child support?

Although the question sounds like a "no brainer" and could be in the literal sense, the matter of not being gainfully employed has no bearing on whether or not an obligated parent must support his or her child. In essence, the law does not recognize the inability of the obligated parent's child support responsibilities regardless of their financial status. The court expects the parent to honor the child support order by any means necessary, including selling personal items or even collecting aluminum cans to sell, might sound inane, but it is a fact.

If you sign over your parental rights to a child do you still pay child support in Virginia?

Yes, relinquishing parental rights does not relieve the parent of the financial responsibility until the child or children reach the age of emancipation or the age that is stipulated in the child support petition.

In Georgia what form is needed to have child support arrears reviewed and get a repayment plan?

No form is needed, just contact child support enforcement. They are willing to help. The primary problem is interest penalties, which can double and triple the amount owed. see links.

Does a child or her father inherit her mother's property?

The dead have no legal rights. However, the estate of a deceased person acquires many of the same rights as the person had while alive. The executor or administrator of the estate carries out the final collections and payments on behalf of the estate, and should attempt to enforce all rights of the deceased (including pension and other contracts payable to the deceased, privacy, personal choice in disposal of remains, disposal of the estate assets, payment of taxes, etc).

Can a father get custody of a newborn child?

This one will have to go through a court of law and your parents (if they want custody of this baby) will have to fight your boyfriend for these rights. If the court sees that your boyfriend is too young, not dependable to raise this child then yes, your parents could very well end up with the custody of your baby. It's time you sat down and talked to your parents to be sure they want this great responsibility. If this young man is a nice guy then I would let him at least have some time with his child.

Depending upon circumstances the court could award temporary custody to the birth mother's parents. However, the biological father and his parents would also be granted the opportunity to petition for custodial rights. It is generally accepted that an unmarried mother has automatic and full custodial rights of the child until those rights are challenged. Regardless of who retained custody, the biological father would be granted visitation rights if he so wished. The mother or the mother's parents would not have the option to withold such privileges.

Can a non custodial parent gain custody because of the neglect of the childrens attendance in school?

Being charged with neglect means there has not yet been a final determination. If the custodial parent is found guilty of child neglect the court can terminate their custody. Child neglect is an element of child endangerment and is one of the factors a court considers to find a parent unfit. Unless the non-custodial parent has also been determined to be an unfit parent they would be the next choice to whom the court would award legal custody.

The non-custodial parent should consult with an attorney who specializes in custody issues as soon as possible. The attorney can review the situation and explain the options and how to proceed.

See related question.

Can a custodial parent request that child support and arrearages be dropped?

No she can not drop child support. But she can go and get a prosage package. That reduces the amount of money he has to pay for child support. If you don't want him to pay child support at all then why don't he pay it and you give it back to him yourself the next time you guys see each other.

She can visit her local domestic relations office. There is a form (i can't recall the name of it) that the plaintiff completes to state she no longer wishes to receive child support from the defendent. Or depending on the situation you can request that the noncustodial parent relinquish his rights to the child.

An attorney told me that after my wife and I divorced she could write me receipts stating that I had paid her. That way the non-custodial parent is in the clear from back support if anyone should change their mind.

Yes, in Michigan a mother or father can stop child support payments that is owed to them, but not what is owed to the state. They simply would have to go to the FOC office and fill out a form or just write out on paper. The father should be aware that the referre or judge will try to convince the mother not to do so.

Am I responsible for childsupport after 18 if child goes to college?

Provided the child enrolls with six months of graduating from high school and carries a minimum of five credit hours. I was behind the changes to setting the minimum requirements in 1992. see my profile

If a father has a history of mental illness would this prevent him from being granted custodial rights?

Gather the evidence available contact the Department of Children and Family Services, or State agency, or law enforcement, and request an investigation.

Will a non custodial parent get into legal trouble if they let their child live with them because the child refuses to go home to the custodial parent?

yes. once you get the child file for a modification of the final order (divorce, paternity, parental rights) whatever type of case it is. Don't be surprised if the other party changes their mind quickly. The smart thing to do is wait for six months, continue to pay child support or work out an arrangement that you will pay one half of what you would ordinarly pay while you have the child so the other party won't become suspicious, then file the modification, serve it on the other party and you will have the primary custody and the other party will pay support to you and have visitation. Caution; do now or stop paying support abruptly, the other party will snatch the child back quick. If you have an agreement to stop paying child support or modify the amount please file it with the court immediately, otherwise you will be in violation of a Court order. Good Luck

If the mother and child live with the father does the father still have to pay child support?

Yes, all parents are responsible for the financial support of their children. The mother can and should petition the court at any time for a child support order. "Helping" is not considered paying child support which is a weekly obligation that the parent with physical custody can depend upon and figure into the budget. Every parent should help to raise the child. If there is a child support order the father must pay the amount ordered. He cannot deduct any amount for "help" with other things. He needs to maintain proof that he is paying his child support obligations regularly.

Do you need a court order to stop child support payments when your daughter reaches 18 years old?

The original child support order should contain the specified time the child support should cease. In most cases it will be the state emancipation age. However, several states have laws which can allow child support to continue while the child is pursuing higher education or until 21 years of age. Intervention by the court to cease support payments is not needed unless there are mitigating circumstances not included in the original agreement. Such as the child getting married, moving from the custodial parents home, joining the military etc. Most of these actions are mandated under state laws but may need to be brought to the attention of the court.

Is it child abandonment if parents have joint costudy and he pays support but hasn't had contact with the child in over 8 months and hasn't seen the child in over 18 months?

Emotionally yes, legally no. If a child support order has not been adhered to, as orderd by the court, that is a legal matter. Sadly, a parent cannot be forced to take an active part in their child's life. It's doubtful it would be in the child's best interest, if it were possible.

When can a child stop seeing a non custodial parent in Indiana?

No. Neither parent should forbid the child to be in contact with the other parent unless there exists a court order to that effect. However, the parent who does not have the child at the time should not make a pest out of him/herself so as to intrude on the other parent's time with the child. Likewise, the child should not need to be in constant contact with the other parent. Adults should be able to handle this situation reasonably.

No. Neither parent should forbid the child to be in contact with the other parent unless there exists a court order to that effect. However, the parent who does not have the child at the time should not make a pest out of him/herself so as to intrude on the other parent's time with the child. Likewise, the child should not need to be in constant contact with the other parent. Adults should be able to handle this situation reasonably.

No. Neither parent should forbid the child to be in contact with the other parent unless there exists a court order to that effect. However, the parent who does not have the child at the time should not make a pest out of him/herself so as to intrude on the other parent's time with the child. Likewise, the child should not need to be in constant contact with the other parent. Adults should be able to handle this situation reasonably.

No. Neither parent should forbid the child to be in contact with the other parent unless there exists a court order to that effect. However, the parent who does not have the child at the time should not make a pest out of him/herself so as to intrude on the other parent's time with the child. Likewise, the child should not need to be in constant contact with the other parent. Adults should be able to handle this situation reasonably.

How do you get child support from the father?

The custodial parent who receives child support payments is legally required to use the funds for the welfare of the child/children for living necessities, educational costs and so forth. The custodial parent is considered the conservator of the minor child/children and is not required to give said children any of the support money for their personal use unless they choose to do so.

What steps do you take to regain your parental rights?

You didn't tell the detail how you lost your patenal rights. if you were a good father then no need to regain the rights. try just to find them in your family

If the father does not pay child support for more then a year can the mother get full custody or can she get the father's parental rights revoked?

It depends on your state law but in most cases yes you can. Just because a court has deemed the father unfit to parent does not mean they are absolved of there financial obligation to the child.

How would go about getting your sons father to sign over parental rights to you?

You need legal counsel for this one or it can get messy. Really think of what you are doing before making this decision because once you have signed over custody these are on the court docs and if you change your mind in the future (and you well could) this won't look good and you could lose a lot in the end.

One reason a court will allow a parent to voluntarily their rights to a child/children is in the case of adoption. Another is, if there has been intervention by the justice system and it is at that time, in the best interest of the child, as opposed to the court permanently terminating parental rights. In most cases a parent voluntarily reliquishing rights retains the option to have them reinstated at a later time as long as legal adoption has not been finalized. That is not generally true when the rights are terminated by the court. State laws determine the process of voluntary relinquishment. It is best handled by an attorney specializing in family law, however information can be obtained from the clerk or court administrator of the court of jurisdiction. Be advised that depending upon individual circumstances, the surrendering of parental rights does not always relieve the parent(s) of financial obligations.

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