'Abandonment' is when a child is left somewhere with no parent, ie, the child has been ditched somewhere.
If the child is with one parent, it doesn't matter how long the other parent doesn't see it, it's never 'abandonment'.
If you sign over parental rights will this stop child support in Virginia?
Only in the case that both parents agree to terminate parental rights and terminate child support and then a Motion to Modify SAPCR must be entered and a judge must agree to the terms of modification and sign off. In general, once paternity is established, the non-custodial parent must pay child support as order by the court. The amount of child support can be modified if there are matieral changes to the parent's financial circumstances, but not terminated prematurely. If parental rights are are signed over, child support must still be paid--otherwise, non-custodial parents could sign the rights away to avoid paying.
What is the formula used to calculate child support in the state of Illinois?
Child support amount guidelines are established by laws of the state in which the support is ordered. Please consult this site for information about child support for individual states. (http://www.child-support-collections.com)
Can a father file sole custudy of a child when the mother is a minor?
He can try, but the minor mother have equal rights to the child. They will not remove the child from her based on the fact that she is a minor as long as she is a fit parent.
Do you have to pay child support if your ex wife lives with another man?
Yup. The child's needs continue, notwithstanding the parents' behavior.
SEE LINKS BELOW
How long can a father go without seeing the child before he has no rights for custody of any kind?
He'll never lose his rights. If he wanted to , he can always take you to court and get visitation right. The only way he will lose his rights is if he gives up all parental rights in court. Even if he still does this he still has to pay child support no matter what. Don't let him miss a payment. If he misses a payment, report him.
rights can be taken if you file for abandonment. Abandoment will be considered if there is six consecutive months of no contact between the parent and child. I am going through it now so my husben can adobt my daughter.
I was told it was 3 months of no contact in Tenessee. I am also working on getting remarried, and my current fiance adopting my first child. As far as she knows, he is her father. She does not know nor remember ever having another. It's been 3 years since a visit or child dipport check has been seen.
What is the legal age for a child to decide which parent to live with in the state of Vermont?
Leaving Home
The parents of an non-emancipated minor have the custody and control of such minor. This means that the parents can legally decide where the minor lives until the minor reaches the age of majority (usually 18) or otherwise becomes emancipated.
If a minor moves away from the home of his or her parents or legal guardians without their permission, that minor can be picked up by authorities as a runaway. Depending upon the state, there may be an evaluation stage in which the situation is reviewed to insure that the individual is not endangered by being returned to the home. Some states have recognized that minors that are 16 or 17 are often considered questionable as to their ability to leave home. Authorities may not want to deal with minors in this age group and some states are establishing legislation enforcing the age of majority and eliminating any questions in the eyes of the law enforcement community.
Check with your local laws for more specifics. If you are in an unsafe environment, law enforcement personnel can put you in contact with the appropriate agencies to obtain help.
How do you know if someone has filed child support case against you?
The person named in the suit will be served a summons to appear in court for a support hearing.
Do you get child support if the person is retired?
File a claim with the County Child Support Devision. Most people who retire have some sort of income that they live on and child support will be taken from those funds.
Do fathers have rights if married after the child is born?
This is an area not addressed in the statutes. Single fathers have no assumed rights. How this may apply if there's a divorce later on has not been addressed at this time. To the best of my knowledge, mothers or attorneys have not attempted to claim the father still has no rights.
Why do you have to pay child support if you cant see the child?
You should contact an attorney who specializes in family law if possible. If not you should visit the family court in your area and speak with an advocate who can help you file a petition to establish your parental rights and obtain a visitation schedule. If you do not have a formal child support order in place one will be established. Child support and visitations are two separate issues.
Does wage garnishment affect child support amount?
No - there must be an order for support entered by a court or the State's child support agency, but if a retroactive order is issued, your wages will be garnished. There has been a problem with employers receiving phony claims for child support garnishment in recent months. By the time the man confirms there is no claim and notifies employer, the money is already gone. If you have a child, you need to establish an order.
see links
Can child support take personal injury settlement?
"settlement" ... to collect past-due support, yes.
Can the custodial parent move out of state to Colorado?
Absolutely. Just notify the courts of the address change if you have a court order for sole custody and there is no visitation order for the non-custodial parent. I dont know about joint custody.
How do you relinquish parental rights of 17 year old?
File a voluntary relinquishment of parental obligations in the state court of venue. Each state has set TPR requirements that must be met, if the judge believes such action is in the best interest of the child/children ALL parental rights will be terminated.
What age can a child ride with an adult on a motorcycle?
It is assumed that you are asking if a child can sit between two adults on a motorcycle when the motorcycle is moving. Generally, the answer is "no". This is considered unsafe and may be specifically illegal in many states. Many states have laws permitting no more than two people on a motorcycle. Some states have laws requiring a minimum age to be a passenger on a motorcycle as well as requiring helmets for minors (or adults). If your child is old enough to ride a bicycle, he or she can sit on the motorcycle when it is stationary (for example, if you wish to take photographs). However, if the bike has recently been ridden, take care to ensure the child does not accidentally burn himself/herself on hot engine or exhaust parts.
Is it considered child abandonment if the father does not exercise his visitation rights?
Unfortunately it is not... I was in a similar situation just over a year ago. IF you're currently pregnant I would suggest keeping your mind focus on anything other than "the one that left". It is unhealthy for the mother as well as the child.
Once you've had your child and after you've gotten accustomed to understanding "what it takes" to raise an infant alone - educate yourself quickly regarding the matters of child custody and child support. Obtain a good attorney if possible.
If your case doesn't mediate (working out your own arrangements for custody/child support) with the father, then a judge will decide. Though the dad will not "appear" to be the most ethical person based upon his behavior, it is completely irrelevant in a court of law. He will be considered a legal parent the moment he signs an Affidavit of Parentage after the birth or through court proceedings.
If he requests custody rights (decision making) and visitation, he will get it. Not necessarily a lot of it (provided you're unwilling to allow a generous visitation schedule).
If you're interested in making a case for abandonment there is such a thing called constructive abandonment. If a man knows himself to have a child on the way, has not registered himself as a potential father in the registry, and has failed to establish a relationship or financial support for the child within 6 months - that can be considered as "abandonment" of the child by a court of law. However keep in mind, unless the other parent is willing to waive his parental rights (which I do not suggest as a resolution over the long haul) then he can then begin to exercise his rights. If you are married, your husband is automatically considered the father whether he actually is or not. If you are unmarried, you have sole legal custody of the child until some form of litigation occurs and another custody arrangement is ordered.
When/if you pursue him for child support, I would recommend filing for custody first (before he has an opportunity to do so) and requesting child support, medical expenses, attorney fees and any other expense as necessary to pursue the case. Then I would had the enforcement over to the local child support enforcement agency so that they can discover his income (without his assistance) and get an order for child support in place with a wage assignment (money comes directly out of his paycheck and chance of getting into arrears is not as likely).
If child support is not established quickly, you can always turn it over to your attorney to expedite. However using the CSE Agency is less expensive. You can always go back to court for any back child support owed from the date of filing (even retroactive child support is possible). Even if the retroactive or arrears is not instantly payable to you, an arrangement can be made with the NCP to pay an additional amount on top of the regular child support obligation. Property liens, credit reporting or past due support and tax interceptions are all options for collecting past due child support that will have likely accrued while establishing support.
I am stressing child support, but not because it is the most important issue. In my opinion, custody is the most important issue. However, you will likely be required to go to mediation before the case goes to court. In mediation, you do not have to speak with him until after paternity is established. The mediator will determine if your case should go to court (in the event you and the other parent cannot agree on the arrangements). Here's where child support helps, a NCP that is currently paying child support and already has arrears against them is more likely to be flexible in mediation because they don't want to pay for any more court costs at that point - if possible.
Finally, in mediation it is important to ask for what you want specifically. Anything that is important to you in the rearing of your child - ask for it. It is better to ask for it and allow the other parent to decline than to have to live with an impractical arrangement. Also keep in mind the number of overnights in your state that will modify the support amount. Only allow generous visitation with your child to the NCP if they want the time with the child for the right reasons. Many fathers (particularly those that don't stick around through the pregnancy) want more custodial time so that it is a reduction in child support. Be aware of this. Additionally, make the visitation arrangements as specific as possible. For example, if the NCP is more than 15 minutes late for the visitation exchange the visit will be cancelled. Otherwise, you could be held responsible for not waiting endlessly for a late/nonzhyphenzarriving NCP to arrive. Additionally, it is acceptable to ask (particularly for a young child) that since the father wants rights that he be the primary caregiver and be physically present during his custodial time. Why? You don't want your child to visit unless he is present because it is uncertain who will be caring for your child and the quality of care. If the NCP is held accountable during his visitation time then should any problems arise then you have a clear line of accountability to the other parent.
I could continue, however, I will say that everyone's situation is different. Having said that I do genuinely hope that your relationship with the other parent can improve and not be adversarial. However, in the event that is not possible, put yourself in the best position to protect yourself and your child legally.
If you opt to not pursue the NCP and retain sole custody be advised that he can take court action against you at any time. Custody is not permanent, it is ever changing. Please consider the story that will be told to your adult child and not your infant. Take whatever actions you need in order to be able to say that you did everything in your power to be a good parent and leave the other parent in a position where they must answer for themselves. If you allow the parent to waive their rights, the story could be that you were so angry at the NCP that you wanted him out of your lives - of course the NCP will advise the child he always wanted to be a part of their life but you were the problem. Just one of many examples.
I apologize for such a lengthy response however I can tell by the question you're asking that you need a lot more information on this subject matter. However, time is on your side. For now the most important thing you can do is have a healthy pregnancy.
In the event the poster of this question is "the dad that left", there is only one additional token of advise I can offer to you - remedy the way you've gone about this pregnancy as soon as possible. Attempt to establish a supportive, positive relationship with the mother of your child before the child is born. It will save you so much more if you behave like a responsible man on the front end, and it will cost you far less on the backend. A child never goes away, and generally neither does the other parent. Consider it a commitment already made even if it is not one that you would have hoped for. Best wishes!
Does the father if on disability still have to pay back child support?
If a child is receiving money from the government because one parent has a disability, chances are that the parent will not be expected to pay child support in addition to that money. The court order that is in place controls what happens regarding support.
Does a parent still receive child support if the child signs up for the military?
Generally child support terminates when the child attains the age of majority. Emancipation is a process by which a minor can become an adult. Joining the military is one way of getting emancipated. Once a child is emancipated, the parents are not required to support them. The paying parent can apply in court to terminate the child support.
Legal Disclaimer:
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
How do you sign over your parental rights in Alabama?
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.
What is considered to be support for child support?
In Florida, what is taken into consideration is the custodial AND non-custodial parents income. An affidavit is filed in court (for the hearing), to accurately provide the financial information on both parents. Those numbers need to be verified and are used to determine the custodial parents' financial obligation for all expenses regarding the childrens' needs AND the non-custodial parents' obligation for the same. Usually 49% and 51% respectively. For example: Custodial parents' income is higher than non-custodial. 4 teenagers in High School (no daycare) with higher than normal expenses for food, clothing etc. No medical issues require a total of $1200/month to raise. Custodial parent- 49%= $588 (doesnt have to be paid because you have kids) Non-custodial parent-51%= $612 (you are "awarded" this amount) IF SHE EVEN PAYS
Do a wife have to pay husband's child support if he is behind?
Spouses are not responsible for their spouse's child(ren). However, to collect unpaid support, the State may place liens on real and personal property owned by the obligor, including bank accounts, even if the spouse is a joint owner.
Can a disabled child receive Social Security Disability and child support?
Dependent children of disabled people who qualify for Social Security Disability (SSDI) are typically eligible to receive monthly benefits to offset the cost of their care until they reach age 18 (or age 19, if the child is still in high school at 18). The child's benefit is calculated based on the disabled person's maximum family allowance (varies by individual) divided by the number of qualifying minor dependents.
These payments may be used to cover living expenses for the child, but are actually the child's benefits, not the parent's, and will be issued as a separate check or direct deposit. The parent or another legal guardian will be appointed as representative payee and handle the money, but must account for how the money is used each year.
Under certain circumstances, a disabled person's spouse may also qualify for a small monthly benefit.
If you believe these circumstances apply to you, visit your local Social Security office or call the SSA toll-free number at 1-800-772-1213. You can talk with a representative between the hours of 7:00 am and 7:00 pm, EST. Be prepared to answer some automated questions first, however.