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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 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.

If a father refuses to return child to mother after visitation time what can be done?

File parental kidnapping charges. File contempt with state. If you know where the child is being kept and the other parent isn't there you can pick up the child at the babysisters.

We had this problem with my husband's exwife, she took them to IN for a summer visit and signed papers saying she would bring them back in the middle of Oct. We finally got them the 2nd week in Nov. She refused to honor her signature and drive them back, we had to drive to pick them up. She kept screaming that she didn't know WHY he wouldn't just let her keep the kids. We called the police in IN, they told us that they do have laws against parental kidnapping and such on the books, but that unfortunetly they had never written down any way to enforce these laws so there was really nothing that could be done to return the children other than wait for her to bring them back or file a contempt order in the original state, FL. wait for months or years and see if she showed up for that but if not we'd have to wait till she went back to FL if we happened to know about it and try to get her there.

How do you sign over your rights to a child in Nevada?

A person who wishes to relinquish parental rights may do so by petitioning the family or domestic relations court of jurisdiction. The relinquishment of parental rights, will not release the parent from financial obligations such as court ordered child support.

Does a father have to pay child support even tho he is not the biological father and signed the birth certificate?

If the couple are unmarried paternity must be established before a child support petition can be filed. If the father refuses to take a paternity test the court can order him to do so. The matter of not knowing his last name is indeed troubling and may be reason enough for the court to deny any motion for testing or support. Contact the department of family and children's services or the state health and human services in the state of residency for assistance.

If your 16-year-old daughter is pregnant is her 17-year old boyfriend responsible for paying child support?

His parents will be responsible until he turns 18 years of age. By the time you take him to court, he will probably be of age and it will all be on him, financially and morally. * In most instances, no. The parents could not be held legally or financially responsible in such a situation. Generally the court will spindle any support petition until the minor reaches the age of majority and then review the case, at which time it will be decided if support should be ordered and any arrearages assessed. In all US states the father's paternity must be established when it concerns a child born out-of-wedlock before the court will address any other issues.

How do you terminate the rights of a parent who doesn't pay child support or take part in their child's life?

I was able to do this in Georgia and now my husband has adopted my son. But the father has to not have any contact with you or the child for at least 6 months, no child support during that time either. I had no problem because my ex was in prison at the time I took it to court for drugs for his third time. So all the judge had to do was look and that and the fact he never had paid any child support or contacted us in 3 years. It costed us around $1500.00. And don't let people fool you we only had to pay $700 for the adoption.

What happens to child if woman is married but husband left 8 years ago and baby is 3 and dont know who the father is but has a man to sign birth certificate?

How could you have a 3 year old from a husband that left you 8 years ago? If the husband is not the father and there is no father listed on the birth certificate and if a man is willing to legally become the father of your child then you need to call your local county court talk to someone in the family law department to see how you would go about doing this, can you make an adjustment to the birth certificate, or would he have to get a DNA test to be able to do that? You might end up having him adopt her as his child, and then he would be listed on a new birth certificate. So call and ask to see what you need to do. Also you could call a few lawyers offices and ask around, they like to give some advise because they want clients. But the family law division will guide you in the right direction as to whether or not you can just make the change. If another man is listed on the birth certificate than that will be more complicated. God bless you and best wishes.

Can the father stop paying when the child is 18 and in her senior year of high school?

It depends on the support agreement or court ordered agreement. Sometimes, the father can stop. Other times, the father still pays if the child goes to college. You need to check the documentation. If you don't want to ask a family member, go to the courthouse.

What is the difference between sole custody and joint custody?

Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, etc.) concerning the child. Sole custody does not mean the non custodial parent can be denied the rights of parental visitation.

• In my case, I have primary custody AND sole legal cstody. Being primary custody gives the father the right to make a decision in the event of an emergency, but that's about it. It basically means the father can see the child and take hher out of my home. But, because I have sole legal, he cannot make any decisions concerning anything religious, medical, educational, etc. Having sole legal gives me the right to get her a passport without his permission as well! Sole/Primary/Joint custody essentially just determines where the child lives and who the main care-taker is. It is "legal custody" that determines the right to make decisions.

If your daughter is 20 years old in school but gets married do you need to still pay child support?

If the question refers to child support being paid for the young woman who is pregnant the terms of the support order apply and in most instances pregnancy has no bearing on the matter. If the question refers to the 19-year-old being able to obtain child support from the child's father, the answer is yes. A petition (lawsuit) for support of the infant could only be filed after the child is born and paternity has been established.

How does a father give up his rights to an unborn child?

From a legal standpoint, a father has no rights over the unborn child. Roe vs. Wade took care of that. But if the mother decides on having the baby, the father becomes responsible. * Any parent can file a Termination of Parental Rights (TPR) petition in the appropriate state court in the city or county of residence. Such a petition cannot be filed nor can child support or custodial issues be addressed until the child is born and paternity has been established.

Does the biological father have to pay any future child support payments if the mother marries another man?

FUTURE CHILD SUPPORT PAYMENTSyes he has to pay child support payments as long as he is told todoso by the courts.now if the new husband gives your child his name and the biological father agrees tosign his rights over he will not have to payany child support payments ,but as long as he hasn't signed his rights away you can get married and still get your child child support payments.both parents has to agree to have one parent give up their partenal rights.
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