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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
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
What percent would your husband have to pay out of his income for child support in the state of GA?
Here's the Child Support Calculator for Georgia. You fill in how much money the father makes and how many children. It tells you approximately how much you'll get. http://www.alllaw.com/calculators/childsupport/georgia/
What is a willfulness hearing?
The court is in charge of such matters. The term "willfulness" relates to the non compliance of the obligated parent to follow the terms of the child support order. The judge who is hearing the case will take all the evidence into consideration and then decide if the person should face a contempt of court charge.
Can a married couple sue each other for child support if they are not separated?
A married couple would not be able to sue each other for child support if not separated or divorced. A judge would have no reason to sign an order for child support on these grounds.
Can I put a lien on my Husband's Father Estate for Back Child Support?
His father has nothing to do with this matter. If you can prove that your husband put the estate in his father's name in an attempt to hide it from you or your attorney, you might be able to go to court. Otherwise he has no legal involvement.
AnswerIf you can manage to obtain a judgment lien against your ex-husband for child support arrears you can attach any inheritance that hasn't been paid from the estate. If the probate is in the early stages you could have the attachment served on the attorney who is handling the estate. You should consult with an advocate at the Family Court that issued the child support order. If the probate is at the same court system they may be able to provide you with more definite information. If not then consult with the attorney who represented you in your divorce.There are services that troll probate courts for beneficiaries and sell their lists to creditors. If an inheritance can be found it is possible to attach it to pay a debt.
Do you have to pay back support on a child you didn't know was yours until she was 16 years old?
Yes, retroactive up to 16 years worth. The court will decide.
Can an ex parte motion be dismissed?
Any motion can be dismissed. However, the term "ex parte motion" appears to be an oxymoron, given that the other party(s) must be notified of any motion filed.
If you're in the US, marriage automatically emancipates a minor and therefore the parents are no longer responsible for supporting them, so, no, child support does not continue. The noncustodial parent needs to file a petition to have the child support terminated.
Will you get extradited for not paying child support if you move from Florida to North Carolina?
No. However your wages could be garnished up to 75%. If you prepare a financial statement showing your income and expenses and go to a family court and request to see a judge. He will determine what you can pay. You may be able to help with the support of your children and still survive yourself.
Can you sue your ex-wife when you find out you are not the child's biological father.?
This depends on where you live. Some states in the U.S. have strict laws regarding adultery as illegal; if you were married when the child was conceived, you may be able to sue if you later find out that you are not the biological father.
There are only three U.S. states that still have existing laws that relate to such issues and those states rarely address the actual act of adultery. They generally apply laws that relate to civil redress for injured parties rather than those relating to adultery.
In general the only way such a suit would be viable is if the ex-spouse could prove he had been harmed either financially and/or his character had been damaged to the extent that it created difficulties in his career and/or personal life. For example if the ex-spouse had been paying support for a child that was not his biologically. Even so, the courts often rule in favor of the mother in the assumption that she did not know the child in question was fathered by a male other than her husband.
If your 17 yr old wants to live with her dad does he still have to pay child support to mother?
If the father is not living with the child and has some income other than public assistance, yes.
Yes, until the order is overturned, and provided the mother is not on Welfare.
