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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

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.

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.

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