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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 age in NJ should the child Support stop?

Generally, the obligation ends when the child reaches 18 years of age, unless the enters continuing eduction. see link

Is the non-custodial parent responsible for their child's behavior?

Whether you are responsible for school fees or not depends upon the laws of the jurisdiction in which you reside.

I can give you some general guidelines, however it is important to check with a local attorney regarding the rules of your particular jurisdiction.

Generally both parents are responsible for mandatory school fees. They are not responsible for school fees which are optional unless both parents agree to incur the cost.

For example, if a child is attending public school and one parent decides they wish to enroll the child in private school with high tuition, generally the parent who does not consent to the private school will not be responsible for the fees since there is a public school alternative.

However, if the children have always attended private school and the court determines that the parents can afford it, the court could order a non-custodial parent to pay part or all of the fees so that the children's schooling is not disrupted.

Your best protection is to have a detailed parenting plan incorporated into your custody orders which defines and addresses payment of mandatory and optional school fees.

Can a father claim a child he pays child support for if the child does not live with him?

A particular individual may only be claimed as a dependent on one tax return (including their own, if they are required to file). This is supposed to be the return of whoever provided more than 50% of their support.

So, yes, it's possible, but the parents should coordinate this to avoid being audited.

Do you continue to receive child support in North Carolina if your child quits school?

Child support is paid until the child is at least 18 even if the child quit school or graduate early.

Is it all right for a 17-year-old in New York who is still in school to live on her own and the mother to still receive child support?

No, the legal age of majority in Kansas is 18, child support is for the child not for the custodial parent. Although the mother may be giving the funds to the young lady for her living expenses, if the minor has not been legally emancipated or deemed a ward of court order (in which case support money would be kept by the state), she should be residing with a custodial parent or legal guardian. The parent paying the support should contact the attorney who handled the original support issue or the clerk of the court where the order was issued to learn the options available. DO NOT arbitrarily cease suppport payments as it is always a possibility you could be found in violation of a court order, always wait until you have obtained qualified legal counsel.

Child support for 17 year old child not living at home of either parent?

No. You have remember that "support" is what the (usually) father pays the mother for the upkeep of the child. If the child moves out, the mother is no longer supporting the child and the father no longer needs to pay her.

How do i stop child support arrear payments after finding out 18 year old child is not mine?

ANSWER

It is nearly impossible to do because usually men don't think to contest paternity, (she said I was the dad, she wouldn't lie), or they are unaware of the action against them and the time limit in which to contest paternity has passed. Even with about one third of kids having DNA tests turning out to NOT be the biological child of the man, once you are caught in the system even by default, you will pay. There are many cases of men having been picked seemingly at random, then not receiving notice of the pending action and having a default judgment against them. It's not until some time later when they discover that 50% of their paycheck has been garnished and it's too late to fight it. And even if by some miracle, the man is able to get the support stopped, he will NEVER be awarded a refund of money received by a woman. Because, it's not "in the child's best interest."

Answer also: Best thing you can do is find a legal representative and DEMAND a paternity test. I saw on the news a van was going around New York City a few years ago, "Who Is Your Daddy?" taking blood test to establish paternity for the very reason the question is posted.

Do you have to allow visitation if the father will not give a permanent address?

If a visitation order has been granted by the court, the court would need to have been informed of the address of the non custodial parent and approved of such before the visitation order was granted. There are circumstances under which the court will allow the visiting parent to not disclose his or her address to the custodial parent, but said parent must provide other contact information, (phone numbers, grandparents address, numbers, etc.). If the custodial parent believes allowing the children to participate in visitation when the cited circumstances exist, he or she should petition the court to have the visitation order amended to a suitable arrangement for all parties. The best option is to seek guidance from the attorney who handled the custodial case.

When is a father put in jail for not paying child support?

It depends on the court and the persistence of the custodial parent. The custodial parents who are the most aggressive about pushing the court to enforce child support orders get the most results. Jail time results when the obligor refuses to payand not if they are trying to pay and have arrears.

The legal basis for incarceration for non-payment of child support is contempt of a court order. The non-paying obligor can also be denied a passport and any type of license if they fall behind or refuse to pay child support payments. An arrest warrant for child support follows the defendant everywhere in the United States pursuant to the Uniform Reciprocal Enforcement and Support Act. Tracking utilizes the social security number.

If a child moves out in Indiana does child support stop?

Not until age 18 or high school graduation. If the child is under 18, file for custody based on abandonment by the custodial parent. see links

How does a Canadian mother get child support from an American father?

A US state civil court cannot enforce a child support order in another country.

However, as of October, 2006 any US citizen owing $2500 in child support arrearages will be denied a passport to enter or leave the US.

http://dor.myflorida.com/dor/childsupport/

read it you can enforce it in Canada because we have reciprocal agreements. I am in the process of doing this you just need to contact the child enforcement office in your state or county.

If the mother loses custody does the father have to pay child support?

There are lots of factors involved. What does the court order say? If there is back child support owed, it is still to be paid. The child still needs to be supported, in this case the state may take the money and give it to the foster care or new guardian for the benefit of the child.

You signed away your parental rights Do you still have to pay child support in Texas?

Yes he can, but I hope he thinks twice about it. I don't know many men that can't afford some child support. Child support is usually calculated by what the man earns, so if he has a low paying job only a certain percentage would come off that as you have your living expenses (within reason.) He can still see the child without loving the mother or having anything to do with her. A bond between parent and child is a wonderful thing and if this is a little boy he sure would like to get to know who his daddy is. While he may feel this child is a rock around his neck and it's obvious he is fairly young, he should think twice about it. One day, when he gets older he will realize he made a terrible mistake. That child is a part of him, and if he abandons this child (and that's what it is) most of the time he can NEVER go back and repair what he has done. When children are old enough to understand it hurts their heart that they know one or both parents didn't care enough to stick around and become part of their lives. As we age we look back on our lives automatically and hopefully for the most part we are happy with the past results, but with most of us we have made some bad mistakes and if we don't correct those at the time well ... being a Texan, you'll get this quote: "THE HEAD OF THE SNAKE ALWAYS TURNS AROUND AND BITES YOU ON THE BUTT!!!!" There is a misconception concerning the issue of relinquishment of parental rights. It is not a simple process regardless of the state of residency of the petitioner. A petition can indeed be made to the court, but there is no guarantee that a decree will be granted. The usual reason for a parent(s) being relieved of such rights is for the child/children to be adopted. Or in some instances become legal wards of the state and be available to be placed for adoption. Judges will not let a father "sign off" on his parental obligations simply because he cannot or will not pay child support.

Does the non-custodial parent have to provide the children with a bed for overnight visits?

Every parent mustprovide children with a place to sleep for 8 continuous hours that is clean and suitable for sleeping. They don't have to have a bed per say, but a sofa for older children or a play pen for tots can be deemed suitable. What loving parent wouldn't provide a place for their child to sleep?

Can a father stay with his child if she is under 3-years-old if he is paying child support?

That wouldn't make mush since would it. So you pay HER to raise you two's kid while he/she is living with you? It is time to go back to court and get this changed if this were me. I had to pay child support years ago and I didnt pay her a dime more than she was supposed to get. I took care of my little girl with what she needed beyond child support payments bc I love her, but the woman she was something else. Anyway, go to court and get this changed. That way you can claim the kid on taxes since the kid lives with you. Good luck.

What is the procedure to stop child support payments in Texas when the child becomes 18 years of age?

Child support ends in Texas when the child reaches age 18 or graduates from high school (so long as the child is a full-time student), whichever is later. Texas divorce and paternity decrees can be quite lengthy, but the decree should set out when child support ends.

In the state of Ohio if a non-custodial parent gives up all parental rights to his children does he still have to pay child support?

You'll have to find someone to take over the fiancial responsibility. Assuming that paternity has been established for the children, a judge will allow a parent to voluntarily relinquish parental rights for the expressed purpose of being relieved of the financial obligation. In some cases the father may have the option of appealing a support order if he requests that confirmation of paternity be establised. However, a support order that is in affect will continue to be so until such time a court rules otherwise. Generally, voluntary relinquishment of parental rights is only granted when the child or children are eligible to be adopted by a new spouse or both parents have agreed to the action for the purpose of adoption.

How much of your unimployment will go to child support?

It depends. Did you have a support agreement in place before you lost your income? If you did they will continue to withhold the same amount from your unemployment check. If you did not then they will decide at the child support hearing. In most states it is based on percentages. In NY state the maximum for one child is 17% of your gross pay.

Can you get put on child support if she married?

No, only the biological parents are required to pay child support. Depending on the state you live in you may have to pay her alimony.

In Connecticut can a father give up parental rights so he doesn't have to pay child support?

Giving up parental rights has nothing to do with paying support. As the natural father, you are obligated to support the child the mother will be raising and can be ordered to do so by the court. You made the decisions; the consequences are yours. Think of the child and his or her needs through childhood. Would you want to be left behind because your father didn't want to support you?

At what age does child support end?

The age at which child support is ended is determined by the terms of the support order and nothing else. The order will either state "at the age of legal majority" or a specific age. It will also include the terms applicable to health insurance, education, and so forth. In some states it is necessary for the parent paying the support to have the order officially rescinded when the child reaches the designated age. Here is other input: * At the age of 18 or until they graduate from college. My uncle had to pay child support for his daughter and then at age 18 she wanted to go to college. He had to contiune with his child support payments until she finished college. She is almost a dr now. * Usually at age 18, unless you're agreement provide support if the child is a full time college student.

Can a mother take her children to another state with out father's permission if not married and he does not pay child support and she is the breadwinner?

What does your court order say about moving out of state? Does the non-custodial parent take part in visitation with the child? How screwed up do you want the child support to become?

The adult way to handle this is to have a conversation with the other parent and let them know your intentions, why you are moving and the impact this will have on visitation. If the other parent visits regularly the order will have to be rewritten (if the other parent wants it to be) to allow for travel, how is the child going to get back and forth, how much time will be spent with the other parent, etc.

Can you go to jail for non payment of child support?

Support and Custody are separate. So yes if you are behind on child support you can still petition the court for joint legal custody. You would need to show some significant change in circumstances from when the current custody order was entered. However, your failure to pay child support would not compel the judge to rule in your favor since you have shown yourself to be unreliable, irresponsible and in contempt of a court order.

You will have to explain your failure to pay court ordered child support to the judge. The amount you owe doesn't go away. Back child support can be taken out of your wages or out of your tax return.

If the father is not on the birth certificate does he have parental rights in Texas?

No. An unmarried father has no right to keep the child from her mother unless there is a court order to that effect. He has no personal legal authority to keep the child. In the absence of any order, if he takes the child and fails to return the child to the mother she should call the police.

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 is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

How much child support do you have to pay in Virginia?

Generally, the obligation ends when the child reaches 18 years of age or the child graduates from high school, whichever occurs later. A child will also automatically be ineligible for child support if that child marries, is removed from disability status by a court order, or the child dies.

see links below

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