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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
Are pension funds subject to garnishment for past due child support?
Nevada law states that there is no statute of limitations on past due child support. I have a 1986 judgment for past due child support and attorney fees. I was threatened for years by my ex-husband. He never re-married but had a subsequent child whose mother made sure that she received child support.
He recently died and has three pensions. Can I file a claim against his pensions for past due child support?
What is maximum garnishment allowed for child support against unemployment?
up to 55%
see links below
Are child support payments taxable?
No, the money has already been taxed as income, therefore it would not be subject to further taxation. Likewise, the custodial parent or legal guardian of the minor child should not include support payments as being taxable income.
Do you have to pay child support for a child born out of wedlock?
Yes, hire a lawyer, get it filed with the court.
What age limit can you no longer sue for child support?
In most places, once the child turns 18 and is not in school any longer, then child support is not an option. Even suing for unpaid child support is not possible in many states at that point.
Neither ... the " father " has to pay owed child support only when there is an existing case open and ordered to pay said support by a family court judge ... And subsequently has not met all payments if any at all ...
If it is a holiday will your child support still come?
Generally the law provides that payments due on a holiday may be deferred to the next working day.
How long does a noncustodial parent pay child support?
That depends on the language of the order for support and the laws of the State in which that order was entered. However, in general, child support continues to at least age 18, barring death, emancipation or adoption. Support often continues into adulthood for severely disabled children.
Not positive but just saw the same thing on my court support docket. I believe it means that the Father/Mother was denied unemployment so no support order can be attatched. Basically,we are getting nothing...Again!! 7/20/2009 - I don't think that it has anything to do with unemployment. I just seen this on my husband's court support docket today and I can tell you that he has not applied for unemployment benefits in many, many years. I can also say that "unemployment" doesn't unemployment. My husband was told that it's a generic term that they use.
What is the youngest age a child can testify in a Oklahoma family court?
a child in tribal custody has asked to speak with the judge of the tribe. Does the child have the right to do that?
Do the courts take into consideration the custodial parents income in determining child support?
No, the custodial parent does not have topay anything to the other parent. The NON-custodial parent will still have to pay something as their contribution to the support of the child(ren) , but because of the difference in incomes it may be fairly small.
Child support be taken out of your disability checks?
None out of SSI. If on SSDI, child support should be modified to equal the amount of the child benefit check. see link.
Does child support stop if child goes in National Guard?
Does child support stop if he goes in to the navy
What percentage of your social security disability check goes toward child support?
If you're getting RSDI, your child should be getting RSDI. The child's benefit counts as support paid. Often, the obligor doesn't owe any additional payment because the RSDI benefit exceeds the amount of child support ordered.
Qualities of best school for your child?
The best schools or school to send you child to is NFC
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....................................................................or any other Christian School in your area. NFC is located on 3000 North Meridian RD. Tallahassee, FL.
Are VA disability benefits included as income when it pertains to the awarding of child support?
The simple answer to this question yes and no.
Can a judge do anything they want with judicial immunity?
The answer is yes. It's up to the lawyers to present the law and convince the judge. If they fail to do that the court can and has in many cases made improper rulings.
Is VA Compensation supposed to be used by the court to do child support?
No.
Is VA Compensation the same as disability?
No, this mistake is common because a disability is an eligibility requirement. If you are hit by a car, the insurance company will pay the medical and costs to fix your car in restitution for the accident. It is also not a benefit. You wouldn't call a military funeral a benefit. Benefits are things like reduced camping fees. VA Compensation is restitution.
Is it legal to use VA Compensation for Spousal Support?
No, both the cases of Mansell v Mansell and Rose v Rose demonstrate it was excluded for spousal support. However you have to go back to the Tennessee Court of Appeal to see they overruled the lower court on the spousal support. The Supreme Court applauded and agreed to their interpretation on page 481 at 625. Justice O'Connor provided a dissenting opinion to this matter but prefaced this opinion by stating the other 7 justices disdain her opinion. When the US Congress responded to the case with the Department of Veterans Affairs Act of 1988 they made no change to the section 3101 she identified when it was made 5301. It has gone unchanged since 1988. In not so subtle words, telling her Congress disdains the opinion as well.
Is it legal for the COURT to use VA Compensation for Child Support?
Tricky answer. Prior to the Rose v Rose case of 1987 the Veterans Administration was failing to do its job by spitting the payments when a dependent was not living with the veteran. This is what the Rose v Rose case was about. The US Supreme Court ruled under the existing language of 38 USC 211 the states had the "deep moral" responsibility of assuming this federal authority. The Federal Government had just enacted the Child Support Enforcement Act taking Authority over the establishment and enforcement of Child Support. This act dictates policy and oversees the programs administrated by the states. The basic understanding here is the states were essentially required to act in the failure of the Veterans Administration. From 1975 to 1987 the answer is yes.
From 1988 to present the answer is no. The US Congress responded to this case by firing the Veterans Administration. They enacted the Department of Veterans Affairs Act of 1988 and completely rewrote Title 38 in its entirety.
38 USC § 211 - 1987
"The decisions rendered by the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans."
38 USC § 511 - 1988
"The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b)(Appeals Processes), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise."
This response of Congress declared Sole Authority for the new department and obligates the USDVA to divide the compensation through apportionment for dependents.
Is it legal for the Department of Veterans Affairs to divide VA Compensation?
Yes, the new USDVA is now currently paying on over 30,000 cases of apportionment for those that properly follow the legal process.
The correct course of law is not to go to court to divide the VA Compensation. That would be like asking them to split up a food stamp card. You would go back to the Food Stamp office and update your information and get separate card. For VA Apportionment it is very similar and legally called an Apportionment.
When a person separates from a Veteran, they need to go to a Veteran Services office and request help completing VA Form 21-4138. A spouse can apply for benefit apportionment for themselves until a divorce is complete and any children in their custody. During the divorce you are still the spouse and a dependent. Once a final divorce decree is made, only children will remain as dependents.
The parent or guardian needs to have the State Office of Child Support Enforcement (OCSE) complete a copy of vba-21-4138. The OCSE should complete the form. They need to specifically state how much child support is awarded based on NOT including any payments under Title 38. They also need to specifically identify a monetary amount for the "NEED" of the child. This can be either the state standard or based on special needs as long as documentation is provided. The USDVA needs this to see the exact amount needed to fill the gap. Any conditions of abuse or other factors of the child's life should be included with documentation. These will also be taken into consideration.
Do you get the bail money back if you owe child support arrears?
In cases without extenuating circumstances it is allowable. But, the judge will almost assuredly issue an order of garnishment or seizure of the non custodial parent's assests including bank accounts, vehicles, real property. Which will probably happen anyway even if the person is not sentenced to jail time.
Can a legally married man have to pay child support?
If you are married to the mother, no. Then you share everything naturally. But if you have a child and you are separated or not married to the mother, and you do not have custody of the children, you have to pay child support
Does child support for disabled child have to be reimbursed after child reaches 18?
Whether or not the child is disabled: Child support that's properly paid does not ever have to be reimbursed; unpaid child support is collectible forever.
How can a person get a mortgage when they owe child support?
If there is a child support lien against you it must be paid before the bank will loan you money to buy a home.
If there is a child support lien against you it must be paid before the bank will loan you money to buy a home.
If there is a child support lien against you it must be paid before the bank will loan you money to buy a home.
If there is a child support lien against you it must be paid before the bank will loan you money to buy a home.
How do you collect child support from a disable veteran?
Child support from a deployed soldier can still be taken from the soldiers pay and sent to you. You will need to speak to an attorney for more details.
Can the father take your son out of state without you knowing?
Provided it does not include a relocation, yes.
Is it better to be a child or an adult?
"Better" is a relative opinion.
Some children feel that they long to be "grown up" and have what they perceive to be more liberties.
Some adults wish they had never grown up and feel that they have assumed too many responsibilities.
The 'average' is probably that at times, each wishes they were the other, and at other times they are glad they aren't.
Will you get deported for not paying child support?
no you cant get deportes cause your a live here and you are a citizen
