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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

What happens when custodial parent lies about income retaining to child support?

Contact your local Department of Human Services immediately and let them know about the situation. You may be able to have child support reduced.

Can a mother take a child back from the father when they are unmarried?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.

If the mother of a child took the father off child support can they put him back on?

The only time you can take a father off of child support is if the mother agrees with it, but that rarely happens, so I'm going to have to say no, it's very rare, the closest you can get to not paying AT ALL, is reducing the pay .

Can a 16 year old child choose to move out of custodial parent home and move in with a non custodial parent?

No. The 16 year old must wait until the case is settled. * Legally, no, but it is highly unlikely the court would order the minor to return to the custodial parent's home unless the non custodial parent was not supplying an acceptable living environment.

Does the non custodial still have to pay in the summer if the child is with him for four weeks?

I am a non custodial parent and I am trying to get my kids for the summer as it states on my divorce papers. My lawyer just told me yes you do have to pay but your payment will be cut like an half cause the custodial parent still has bills to pay reguardless if child is there or not. There is some paper work you have to fill out and send into child support. I dont know what the form is call child support ofc and ask them. My lawyer is sending mine. Good luck

It depends on the language of the court order.

Can your income be garnished if you pay child support?

Not sure in what context you mean, but yes a court order can garnish your wages for child support. IF the custodial parent has filed a support order and paternity has been established then YES absolutely your wages can be garnished.

If you mean that a creditor filed judgment against you and you are the one receiving child support, they cannot touch that money, but if you are getting those direct deposited and the creditor attaches the order to your bank account the child support can be taken indirectly that way.

Good luck

Can you take your child out of state while awaiting a family court hearing?

Call the phone number on your court papers. Or call your court representitive. It is very important to be up-front in all of your dealings with the court. In some states you can not leave the county with your child. * If custodial petitions have been filed then the child or children cannot be removed from the jurisdiction of the home state without the permission of the court.

Can a spouse take a child away if they are still married?

I've seen it happen frequently to fathers. The mother runs off. He hopes she'll come back, so he doesn't even file for child support. She comes back, he lets her see the children. While in possession of them, she files against him.

Can an adult sue a dead beat dad's estate for back child support?

No but that adult child's parent can file a claim for child support arrears that have been determined by the court. The arrears are due to the parent. You should consult with an attorney or an advocate at the family court as soon as possible if there is a substantial amount owed. Claims against an estate must be filed promptly.

Do I have to pay child support in Kentucky if my child is in college and 18?

If there is no child support owed that is in arrears, for Kentucky child support orders, the child support order ends when the child turns 18, unless he or she is still enrolled in high school, in which case child support would continue through the school year in which the child turns 19. Under certain circumstances, child support may continue past the child turning 18 (or 19 if still in high school) if ordered by the court. If the support order is for more than one child, the support obligation will not automatically end when one of the children reaches 18 (or 19 if still in high school) unless that child is the youngest child or the child support order listed a separate amount of child support for each child. If neither of these conditions exists, a request for a review of the child support obligation must be submitted before any change in the obligation amount can be made.

If child support is in arrears, it will continue until the past due amount is completely satisfied.

Can the courts use your new spouse's income to determine how much child support you pay in new york?

No, a spouses income is never taken into consideration when child support is being figured. Only the income of the 2 biological parents will be used.

Are there Forms to terminate parental rights with still paying child support?

I suggest you consult with the other parent and an attorney on this. However, keep in mind that terminating parental rights does not terminate one's support obligation.

Does child support stop when minor marries?

No. And if someone argues the point, seek legal advice. Child support is designed to help provide for the child, not the parent who receives the child support. Maintenance is the only thing that ceases upon marriage or living with an unrelated male.

Even if you remarry, the child support continues until the child is "emancipated" which means either 21 or working full time living outside the home. College does not count as emancipation, and payments must continue until 21.

The one thing that my change however is the amount of child support that is paid. In New York State you may submit your previous years earning information prior to Feb 15th of EACH year and your ex-spouse will be required to do the same. The court issues an adjustment (if appropriate) within a few weeks.

If you feel as if you are receiving to little or paying too much, both sides may take advantage of the recalculation to keep things fair to everyone involved.

Can state take student loan to pay back child support?

Yes and no. All moneys sent to your college will be used by the college first. If the college issues you back a refund check, then that's considered income if you deposit it into a garnished bank account. There is an easy remedy to all of this: Set-up a payement plan with the state to satisfy your child support.

Matt Houston, Texas Lawyer.

Can you give up your rights to parenting?

Yes, you can relinquish your parental rights, however, if you are doing so to avoid payment of child support, most courts will not approve the relinquishment. Ultimately, the court will still have to say that it is in the best interest of the child. That normally will not be done unless there is someone willing and able to adopt in your place.

Does signing over parental rights affect child support in Georgia?

Assuming the court accepts the petition, the judge may or may not relieve the requesting parent of financial obligations. The court will not look favorably upon a parent who makes such a request if the purpose is to avoid supporting the minor child/children.

Generally the relinquishment of parental rights is only granted when the child is to be legally adopted by a new spouse.

If your on disability can child support take it?

SSI? No.
SSDI? For arrears. Continuing payments can be adjusted to match the child benefit check. see links.

Collecting child support in two counties for same child legal?

Child support services should be notified that two deductions are being made and that there is only a court order for one deduction. Unless what they are doing is each taking half in which case you aren't really being screwed, but I would still get them to agree to only have one agency deduct the money. see link

A parent's right to discipline their child?

This issue of how parent discipline a child can not be over emphasized, but a child can't do well in life without the support of the parent.

Firstly, who can we call parent?

1) A parent is a person or people who gave birth to a child biologically.

2) A parent can also be referred to as takes care of a person below the age of

eighteen.

3) A arent can be a person or people who leads one in the right and positive

way of life.

Discipline is a thing of the hearth and can only gain full effect if properly the principle are well explained to the child. The act of discipline could actually be effective if love comes first...

TRAIN UP A CHILD IN THE WAY HE/SHE SHOULD GO SO THAT THEY WILL NOT DEPART FROM IT... WHEN NEED ARISE!!!

Do you pay child support for stepchildren?

That depends on related factors in consideration by the court. Does the mother receive child support already? How much financial support and for how long has the stepparent been providing? Is there a parent/child relationship? see link below

In the state of Georgia How do you legitimize a child if father is deceased and his name is on the birth certificate?

QUESTIONS AND ANSWERS ABOUT LEGITIMATIONSWHAT IS A "LEGITIMATION"?

Legitimation is a legal action which is the only way, other than by marrying the mother of a child, that the biological father of a child born in the State of Georgia may establish legal rights to his child.

WHO MAY FILE FOR LEGITIMATION?

Only the biological father of a child may file a petition seeking to legitimate his child.

WHAT IS THE LEGAL EFFECT OF A LEGITIMATION?

An order of legitimation creates a father and child relationship legally between the petitioner and his child. An order of legitimation establishes that the child may inherit from his legal father and vice versa. An order of legitimation allows the legal father to be listed on the child's birth certificate as such. An order of legitimation is the only way that the father of a child born out of wedlock can be recognized as the legal father of a child and therefore can petition for custody and/or visitation with this child.

If you are already listed on the child's birth certificate as the father, but you and the child's mother were not married to each other, you must still file a petition with the court to legitimate your child.

Effective July 1, 2005, requests for custody and/or visitation may be included in your petition for legitimation.

WHERE SHOULD THE PETITION BE FILED?

The Petition for Legitimation must be filed in the mother's county of residence, the child's county of residence, in the county where any other person who has legal custody, guardianship, or if there is an adoption pending, in the county where the adoption was filed.

An exception to where the action must be filed occurs if the mother of the child is deceased and there is no other legal custodian or guardian of the child. Another exception occurs when the mother has disappeared and must be served by publication but the minor child is living with you. In each of those cases, the action may be filed in the county where you live. As always, you may wish to consult an attorney.

HOW MUCH DOES IT COST TO FILE FOR LEGITIMATION?

The basic filing fee is $80.00 but you should confirm the filing fee with the Clerk of Superior Court. If the mother has not signed a consent and/or waiver of jurisdiction form, she will need to be served with the petition by the sheriff-this costs $25.00 for Fulton County; however, the Sheriff's office in which the petition is to be served will need to be contacted to determine the fee for that particular county. ["Service" is an official way to give notice to the mother, and other people involved with your case, that you have filed your case and that they have the opportunity to then file a response with the court.]

If the mother has left the child with you and you do not know her address and you have tried but cannot find her, then you will have to serve her with the Petition by Publication. This means that the petition is written up and then published in the official county newspaper for the county in which you knew she last lived. This costs at least $80.00.

If the mother was married to someone else when your child was born, or she has listed someone else on your child's birth certificate as the Father of the child you will also have to pay $25.00 to have the Sheriff serve that person with a copy of the Petition. If you don't know where that person lives, he will also have to be served by Publication.

WHAT CAN I DO IF DON'T HAVE THE MONEY TO PAY THESE FEES?

If you do not have the money to pay your filing fees and sheriff's fees, then you may ask the Court to allow you to file free of charge. This is called a Poverty Affidavit.

You must make a written statement to the court about your monthly income and monthly expenses, and why it would be a hardship for you to have to pay the filing fees. The court will then let you know by a written order that you may file your case without having to pay.

The county newspapers will not usually waive their fees so you will still have to pay for publication if it is necessary.

HOW LONG WILL ALL OF THIS TAKE?

The length of time depends on the facts of your case. There are several options for what can happen with your case:

If custody is not an issue, and there is no other father listed on the birth certificate, and the mother has acknowledged service, then an Order for Legitimation can be heard by a Judge on the same day that you file it, and you may get your Order forLegitimation signed on the same day.

If the mother or another father listed on the birth certificate must be served by publication, then the hearing cannot take place until after the publication is finished (at least 60 days).

If the mother or another father must be served by the sheriff with the Petition to Legitimate, then the case will be placed on a Judge's calendar by his/her calendar clerk.

If custody or visitation is to be an issue, then your case may be contested and may require more than one hearing. THE EXCEPTIONS TO THIS RULE ARE IF THE MOTHER IS DECEASED AND THERE IS NO OTHER LEGAL PARENT OR GUARDIAN, OR IF THE MOTHER CONSENTS TO CUSTODY.

Can a mother sign documents to not get child support?

In depends on the state. In some states, the custodial parent can voluntarily decline to receive child support. In other states, the non-custodial parent is legally required to pay child support, whether or not the custodial parent accepts it.

How do i know if i will be receiving my ex's refund for back child support?

Contact your State's child support agency and/or the child support agency in your ex's State.

Does your child support decrease if the noncustodial parents income increases?

Generally not. Of course, there are multiple exceptions. If the noncustodial parent begins earning significantly more income, then child support usually will increase. Most states have a "plug-in" type formula which computes child support (and one of the prime factors includes the income of the noncustodial parent).

In some states the guidelines call for an increase since it gets more expensive to raise a child as they get older. Massachusetts is one such state.

You should visit your local family court and ask for a copy of the child support guidelines in your state of perform an online search for a downloadable copy.

Why did Siddhartha's father keep him from learning about suffering?

Siddhartha's father, King Shuddodana only wanted the best for his son. He had bought 3 palaces for him, one for the winter, rainy season, and summer. Shuddodana gave him everything he could ever have wanted, only so that Siddhartha would never have to go through suffering himself, or see anyone else in that state.

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