answersLogoWhite

0

👪

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

Is there anything a new spouse of a noncustodial parent can do to ensure that their income is not considered in a child support order to not impact their household income and expenses in Louisiana?

The State should not be considering your income, or garnishing your income to pay for your spouse's child support. If the State intercepts your Federal tax refund, you should file an "injured spouse" form (not sure of the number), to recover your share of the refund. If the State intercepts a State tax refund, there should be instructions on how to go about recovering your share.

see related links below

Can you enroll your child in a new school if you have joint custody and primary residence?

Move your child where? Out of state, within the state, to another home within the same town? Circumstances may vary depending on state law and the provisions outlined in the original custody order, but generally, you cannot move if it presents a hardship to the other parent in maintaining their visitation or other rights without the other parent's consent and/or approval of the court.

When asking for legal advice, it's very helpful to post as much detail as possible, including the state where the child currently legally resides.

Can get child support from a father who gets disability?

Yes, as long as it's not public assistance/SSI. BTW, if the child's RSDI benefit is based on the obligor's SSA account, it is considered child support. If that benefit exceeds the amount ordered for child support, the obligor does not owe any additional payment.

How much money does a foster parent get a month?

There are several variables. In some states the foster family is paid a per diem per child. This is meant to cover the expenses of the child (other than medical). The per diem rates vary based on the child's situation. Foster families that take special needs children often receive more. You need to check into the laws in your area to find out.

Can you get emancipated if you have a child?

Contrary to popular belief, simply becoming a parent does not make a person emancipated. Generally speaking, the only way to become an emancipated minor is by order of the court (and not all states have emancipation laws), getting (legally) married, or joining the military (which minors need parental consent to do).

Does the custodial parent have to let the non custodial parent claim child on taxes?

Depends on the agreement between you two. Often one or the other would benefit more, so doing the math may help. There is an IRS letter of agreement that should be signed.

Can you sue for back child support that is not court ordered?

No, before a suit for arrearages can be filed there must be a valid support order in place. The custodial parent can file for support according to the laws of the state in which he or she resides. If the order is granted the court will determine at that time whether or not any arrearages are applicable.

Will cash assistance pay child support?

No, as you forfeit your claim to the state.

When a parent is incarcerated do they have to pay back child support owed?

In such a situation the support order will remain valid and collectible. When the person is released from custody the child support enforcement division for the state will take whatever action required to recover the monies owed.

The matter of a non custodial parent being in a position where they are unable to honor a support order does not change the terms of said order. For that to happen the non custodial parent must petition the court to have the order amended or rescinded.

In New York State does a father have to pay child support if he is unemployed?

If the father becomes unemployed, he should immediately contact the court to seek relief from the child support obligations. He may NOT just stop paying.

Can non parent managing conservators be required to pay child support?

I'm not familiar with the term 'managing conservators,' but it sounds to me as if such persons are not legally responsible for the child and, therefore, can not be required to pay child support.

What is the most that can be garnished for child support?

Typically, most states do not allow the courts to award more than half of your income to child support.

Can a child move out at 15 years?

A 15-year-old can move out with a close relative. If you want to live on your own, you will need to go the the state courts. It all depends on the state you live in.

Can child support services over rule a court order?

Only a judge can overturn a judge's decision. That said, however, the State is not obliged to follow decisions in cases to which it was not made a party. Please resubmit your question with more specificity.

Does my child receive benefits if I'm receiving SSDI?

Yes, there should have also been a retroactive child benefit check issued, however needed to be applied for. It still can be.

What is the law in TX for signing over parental rights to a child?

Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit affecting the parent-child relationship in which the department or an authorized agency has been appointed by the court or designated in an affidavit of relinquishment of parental rights as the temporary or permanent managing conservator of a child, the court shall hold a hearing to review the conservatorship appointment and substitute care.

see links

Is there legal aid for fathers who cant afford a lawyer for child support and visitation rights in the state of CA?

California child support enforcement is required to represent you in child support matters; for visitation rights, contact your local bar association and/or legal assistance foundation office.

Why would the state attorney close a child support case before the child is 18 years old?

There could be many reasons.

  • They may feel that pursuing child support is futile.
  • They may not want to continue to spend time and money pursuing child support.
  • They may have determined they don't need the money.
  • They might have decided they wish to sever all ties with a non-custodial parent who won't pay their child support and has nothing to do with the child.
  • They may have another adult in their life who is willing to step in and be a real parent to the child.

If there is no court order can the mom deny visition?

The short answer is "yes". If a custody agreement has not been set and lawyers are not involved then the mother does not have to let anyone see her child. However, if the father's name is on the birth certificate, he may have the same rights. In some states, the father listed on the birth certificate (especially if the couple were married) has as much right to "protect" his child as the mother, meaning he can keep the child away from the mother until the court arranges custody.

Do you have to pay child support in the state of Illinois if you give up your paternal rights?

In most cases the court has the power to permanently terminate parental rights but require the parent(s) to pay all or partial support of the minor child/children. Cases are adjudicated on an individual basis.

What happens to back child support when non custodial parent dies?

That's dependent on state law. Certainly a lien on the estate, but in Missouri, you can also put a lien on the estate of the grandparents.

Correct, but what would happen if the individual had nothing in their name, no will, and no estate. that invidivudal was living with elderly parents who were providing room and board

Can a father sign over rights to just one child?

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

Can child support be ordered if the child is age eighteen for back child support?

if the child is special needs and has to live with a parent yes otherwise no

What happens if the father doesn't pay child support in Texas?

You will be prosecuted for contempt of court. They usually get the money anyway from selling your things, take them directly from your salary etc and you end up in prison. If something is wrong with the court order you have to turn to the court in order to have it changed. Just not paying will get you into trouble.

Trending Questions
If a father signs over his rights to the child in the state of Ohio does he still have to pay child support? What constitutes custodial parent in reference to child support? Can a non-custodial parent leave the county? When is a child considered an adult in Ohio? What if your child attends job corp will you still need to pay child support? How much do you own in child support in the state of Kansas City? When paying child support what is the age of emanciption? Can the state of new york take your inheritance if you owe back child support? What if a 18 year old girl get pregnant by a 14 year old boy would the 14 year old be responsible to pay child support? What if the mother of the child fied for child support in Georgia and the father lives in New york and he wanted to legitimize the child after the child support court order do He have to go to Georgia? Can a non-custodial parent with visitation move to another state and still have visitation rights? How old can a man father a child? Does the custodial parent need permission from noncustodial to take kids out of the country on vacation? In PA when are you no longer responsible for paying child support? Can legal and physical custody be taken away from mother if she was assaulted by the father in 2009 in front of child and she stopped visitation? Can you cancel child support then refile? How can a father get custody of his child if he's not marry to the mother and she is unfit in Illinois? How much child support does Oscar de la hoya pay shanna moakler? Why is Andrew gatward such a strange person is it to do with him being abandonded when he was a child? What is a Stay Order in Family Court regarding child support payments in arrears?