yes u will because of the child support order, but the tax return will be split between you and his ex-wife. he wont receive nothing..
If you paid child support and child is 20 years old can you get the child support back?
Depends on your state laws. Some states have laws that any overpaid child support can be requested from the parent who received the support and if not, you can sue them for the overpayment. Check on your local state laws.
Answer
You must request the court (most forms are readily available at the courthouse or online) to end the responsibility. Otherwise, you are still on the hook for payments. If the child is in college, it may be that child support will continue--just depends on your agreement.
Overpaid child support? Consider leaving the situation alone and moving on with your life.
No, only the biological parents pay child support for their child.
The order has to be registered in the NCP's state in order to be enforced there.
Can money from an inheritance be taken for back child support?
Well, if you have the cash from an inheritance, then you should use it to catch up on your payments. As far as there being a lien or garnishment on the inheritance, you would have to check with a lawyer.
What age can a child be emancipated in Georgia?
Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is requiredto abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody.
Check link below for more info.Can you be denied the pell grant if your wages have ever been garnished for child support?
You can receive federal aid if child support is in arrears.
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How dangerous is a narcissistic parent with joint custody?
If he is a true narcissist he hates children. The risk of abuse - physical, psychological, and even sexual - is considerable. My book: "Malignant Self Love - Narcissism Revisited" (c) 2003 Lidija Rangelovska Narcissus Publications
I think if the narcissist is the kind who receives narcissistic supply by basking in the glow of others, for instance his children, he can be okay as a parent provided the children are beautiful, high-achieving or posses attributes that the narcissist perceives as a positive reflection on him. A potential problem arises in adolescence, however, when children seek to differentiate themselves from their parents and are rejecting of their parents. At this point, I think the narcissist is likely to de-throne i.e. stop idealizing the child, and start devaluing the child. Best not to have children with them.
I have 5 children, 3 of whom are my dh's. I had to send my oldest to live with his father when he hit adolesence for his own protection. He comes to live with me on holidays and weekends. The only way to keep my dh from harming him, physically, psychologically, etc, is to threaten him. I have told him that if he ever touches him, I will call the police and have him thrown in jail in a heartbeat. He is scared to be exposed and for all to know that he is less than perfect, so this works. I also threatened this after he hit me once 4 yr ago when I was pregnant with baby #4. He has not hit me since, although he threatens to and tells me I should be hit to teach me to control myself. He thinks that spanking is the only form of discipline. One of the reasons why I don't leave him is because if he is alone with them, joint custody, I cannot protect them. With us living together, I can counter the harm he causes. A part of me hopes that he will do something that will cause me to be able to get full custody of the kids when I leave so that I don't have to leave them alone with him.
In short, a narcissist having custody of a child for half the time would be a bad idea. Keep a log and record conversations so that you have evidence when the time comes.
Whoever you are - please do not stay in the marriage thinking that you are protecting or diluting the harm done by dh. I am separated from my husband (NPD) in April shortly after finding him in bed with another woman (who had had an abortion just 7 days earlier - someone else's). Your children will be better off without that influence...you are only one person and unfortunantely your children learn more by example and what you are teaching them is that it is okay to put up with it. Not to mention the example you are showing of unnecessary self sacrifice and lack of self respect by tolerating that sort of environment. Believe me, God will protect you and provide for you. My mother made the same mistake and thought she was protecting us from my abusive NPD father's tactics...but I wound up marrying one...though not physically abusive. The damage is psychological and will affect there core self-esteem and abilities to make sound decisions and choices when it comes to people.
They will expose all the nasty bits about the spouse to the kids. That spouse in return is doing the same thing because he/she has just left the nastiest person they have ever known and can't help but expose them. My narcissist's spouse can be quite 'off' with the kids because they defend their dad to the hilt. This is because he has worked on them in his narcissist way.
If you give in to the N they will take an arm and a leg too, with as much concern as you have about rendering a turkey carcass into soup. I left my N 12 years ago, had no problem getting sole custody after his behaviour. I have tried to be a good person throughout, lots of access and involvement, not harping on about the unpaid child support. Not knowing that I was dealing with a mentally unhealthy person, I thought, well at least he's not alcoholic. And when you think everything is peachy-keen and everyone's moved on, you discover that this person has been a busy busy bee, working away behind your back... It has taken me a year of fighting to get any say in my son's life again. His dad made a complaint that we were physically abusing my son and transferred him to another school and then they told me it was my son's decision and I should go along with it. Then things began to descend into madness. Calls from social services, calls from the RCMP, death threats from my son; my 12 year-old offering to sue me for his Gamecube and then I find out that this man pulled his kid out of school and then lied - to his own kid, telling him he had been kicked out!....separated my 12 year old boy from friends, family and peers, away from all sports or social activity, rotting in a one bedroom apartment... and then I went through a lunatic merry-go-round trying to involve the school, social services, the police, anyone to look at the situation. This with full custody, SOLE guardianship, 2 police enforcement orders and a deadbeat dad with no formal education. I have had to explain countless times that I can't go to court for visitation rights! I have custody! Finally, now that my kid is in psychiatric care and the hospital brought in a team of lawyers, now that I have taken this the whole way to our MLA (member of legislature) and put social services on the line for their past mistakes, now I am finally getting some recognition as the parent willing and able to act in my son's best interests. It has been a long road. Never leave yourself open with narcissists; they are deviant way beyond anything a normal thought process can anticipate and they will NOT change unless maybe with years of therapy. Your child doesn't have years.
The narcissistic parent (NP) will generally badmouth the other parent, and will try to turn the children against them. My father almost succeeded with my younger brother, but fortunately, my mother, siblings, and I were able to help him. The NP will also badmouth the siblings who don't buy into his false presentation. Common phrases used are "don't tell your mother, but..." or "don't tell your sister/brother, but..." or "don't tell ______that I said this, but he/she is ______."
The best course of action (speaking from experience) is to minimize contact and explain to your children what narcissism is.
Do you get paid well to be a foster parent?
70$00 a day
This is not an actual true number. It is based on the childs level of care. Depends on the state rates also. Texas is 45 for basic, 70 for moderate and 100 for specialized which these amounts are per day. I am not sure what intense level of care pays.
Will my child continue ssi benefits after 18?
If your son is receiving Social Security benefits as a result of a parent's death, retirement or disability, payments stop the month prior to his 18th birthday unless he is still in elementary or high school, in which case they can continue until age 19. Under these circumstances, extended benefits will be paid until the end of the school term or for two months following his 19th birthday, whichever occurs first.
Social Security will send a letter to your son's representative payee (usually one of the parents) approximately five months before his 18th birthday with instructions explaining how to extend the benefit period.
If the benefits are paid for his own disability, he will continue receiving a monthly check beyond age 18, whether in school or not, until he's capable of achieving Substantial Gainful Activity (SGA).
Do you have to pay child support?
I do not have an exact legal answer for this, but I would guess that since you are responsible for your child until they are 18 years old (or have graduated from high school if they turn 18 first)you are still very much responsible to pay child support. If your daughter gets married then that may be a different story. The best way to find out for sure is to call your caseworker at the child support office in your area.
Does a child get child support from a deceased parent?
The simple answer is yes. The child support is owed to the parent and not the child. As cold as it sounds, whether the child is alive is irrelevant. If the debt is owed the parent it is still owed until the statutue of limitations (deadline to collect) expires. In most states that is many, many years after the debt first became due.
The big difference is that the state will not take the case at all if the child is deceased. You will need the help of a private support collection agency if you cannot collect on your own.
Can a child drop back child support when she become an adult?
No; after the child turns 18 there's no more child support. That assumes support stops when the child reaches 18. In another hypothetical there is the case where the paying ex spouse, has arrears that have accrued until child reaches 18. Mother, then files for relief to collect those liquidated but not ongoing arrears and for contempt. Husband makes some post decree payments and due to business debt etc he file a ch 7 petition and lists the Wife as a creditor. Ex Wife gets notice of the bk and fails to file anything, no proof of claim, or objection to the discharge and no adversary proceeding. After the debt is discharged in the ch7, ex-wife files for relief to enforce the court order that was dishcharged--husband files a motion to quash claiming that a claim fo arrears of child support after the child reaches 18 is in fact a liquidated claim. As a result, it is subject to dishcharge on these facts.
Agree? cites in code and / or case law.
Disagree? cites in code and / or case law.
Yes, if there is an active support order in place the obligated parent must adhere to the terms or risk being found in contempt of a court order. Child support and visitation are two completely different issues and the non compliance of a custodial parent to allow the other parent visitation has no bearing on the child support obligation. A parent who wishes to have contact with their children and is not able to do so, should consult with qualified legal counsel or agency for assistance in obtaining an order of visitation, compliance to an order of visitation, domestic mediation on the matter or other available options.
Can you stop paying child support if she becomes pregnant?
No, your child will not be emancipated because she is pregnant and her parents still have to support her until she is.
How does a mother relinqlish all parental rights for a father in SC?
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 a father give up parental rights to avoid paying child support in Michigan?
Yes, you cannot simply give up parental rights in order to avoid child support. Generally there must be another adult who is willing to take over your legal responsibilities and financial obligations as the child's parent, for you to avoid continuing to have to pay chile support.
No. The parent with custodial rights is totally liable especially since the child was living with you while it happened.
AnswerThat depends on several factors such as why the coverage was canceled, when it was canceled, who allowed the child to drive the car, whether the issue is addressed in the separation agreement, etc. If the custodial parent canceled insurance coverage for a reason and the non-custodial parent allowed the child to drive in spite of the cancellation, the non-custodial parent may be liable. If the child wrecked a car and as a result the custodial parent canceled the insurance coverage so they could no longer drive, the non-custodial parent would be liable if they continue to allow the child to operate a vehicle.
What are the requirements for child emancipation in Idaho?
I don't believe that Idaho has laws allowing the emancipation of minors, except if that minor has been legally married (which requires parental permission).
Yes, Idaho does in fact have emancipation of minors. My nephew went through the procedure to be emancipated from his ultra-baptist parents.
Emancipation gives you certain rights of an adult. You must be at least 16 years old, able to support yourself, live on your own, and manage your own affairs. You need to file a Petition for Emancipation with the Juvenile Court in the county where you live and give a copy of it to your parents. The court will set a hearing to make the decision. The judge will decide if it is in your best interest to be emancipated by considering whether you have been living away from your parents and can support and care for yourself without parental assistance and supervision. If the court allows you to be emancipated, your parents will have no duty to support you, you will be treated as an adult under criminal laws, and you will have the right to contract, sue, and be sued. Emancipation does not give you the right to drink alcohol, vote, or marry.
If both parents live in the home do the father have to pay child support?
Generally, yes. However, custody is a complicated issue and is generally determined by a judge.
Generally there are two types of custody addressed by courts:
Sole Legal
One parent has the right to make any decisions that affect the child.
Joint Legal
Both parents have the right to be involved in decisions regarding the child.
Sole Physical
The child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.
Joint Physical
Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.
Generally the phrase full custody is used casually to refer to a parent with sole legal and physical custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custody means the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.
Can you claim a child on your taxes if you do not have full custody?
Maybe, but the answer has nothing to do with paying child support. Generally, when child support is ordered, the agreement also states who has residential custody of the child, and often specifies who is to take the child's exemption on income tax returns. If the order specifies who is to get the exemption and when, it is to be followed. The non-custodial parent must attach a completed Form 8332 or certain pages from the decree in order to claim the exemption. If the order is silent on who gets the exemption, only the parent with whom the child lives may use the exemption. However, if the parent with residential custody agrees to do so, s/he may give a completed Form 8332 to the non-custodial parent in order for the latter to take the exemption. Under no circumstances may the parent with whom the child does notlive use the child for the purposes of Head of Household status, the Dependent Care Credit, or the Earned Income Credit. That parent may use the child's dependency exemption to reduce taxable income and to qualify for the Child Tax Credit.
How do you pay child support with no income?
You don't, but the court might require you to conduct a supervised job search.
This is becoming a rapidly growing problem with so many people being unemployed. In California, a sole or primary custody parent can be ordered to pay child support to the non-working parent.
The primary thing is to keep the court apprised of the situation. A child support modification can be filed with an attorney, though attorneys don't tell unemployed parents that.
In most states, if one of the parents has moved in with someone else, the other person's income cannot be used to support the child. (Community property states are different, I'll talk about that shortly). However, the parent is considered to have "in kind" income if someone else (boyfriend, girlfriend, parents, etc.) pays the rent. So if the rent would normally be 1200 in an area and someone else is picking up the tab for the parents' 600, that 600 can be counted as income. The same thing goes for car payments someone else pays, etc. The idea is that if your mom or girlfriend or boyfriend can support you, they could be helping support your child.
In community property state, the rules are different, because half of the married person's spouse's income belongs to them. In other words if person A marries person B (who has a salary of 40,000) then half of person B's salary is community property. In general, half of THAT can go for child support. The reason only half can has to do with the Fair Debt Collection Act.
Can a mother take parental rights away from a father without his consent?
A mother cannot take away parental rights, only a court order can terminate parental rights and only in serious cases. When a parent petitions the family court to terminate or curtail the rights of the other parent they must provide proof the child is at risk when in the care of the other parent. The court will appoint experts to evaluate the situation and report their findings back to the court. Depending on the seriousness of the situation the court could order parenting classes, order supervised visitations, end visitations and terminate parental rights, if the court finds the other parent is unfit.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
Can a child support order be cancelled?
It can be modified or terminated by the court if there is a very good reason for doing so.
It can be modified or terminated by the court if there is a very good reason for doing so.
It can be modified or terminated by the court if there is a very good reason for doing so.
It can be modified or terminated by the court if there is a very good reason for doing so.
Percentage of income for child support in Texas?
The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor's monthly net resources are $6,000 or less. If the obligor's monthly net resources are $6,000 or less, the court shall presumptively apply the following schedule in rendering the child support order:
# of children
Percentage of Obligor's
Net Resources
1
20%
2
25%
3
30%
4
35%
5
40%
6 or more
Not less than the amount for 5 children
If the obligor's net resources exceed $6,000 per month, the court shall presumptively apply the percentage guidelines to the first $6,000 of the obligor's net resources. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of
child support as appropriate, depending on the income of the parties and the proven needs of the child.
Sections 154.125 and 154.126 Texas Family Code
However, it should be noted that under federal law, all child support is rebuttable. This means the final order and be high or lower than the guideline amount, depending of evidence presented to the court on the ability of the obligor parent to pay.
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