Child Support

If a man learns that a child is not his biological child, the next steps depend partly on the state laws and marital status.

If a man was married to the mother of the child, and living with her at the time of conception or birth, then he is the unquestioned father of the child in nearly every state. Most states do not give a man an 'out' from child support if the child is later shown to be not his biological child.

If a man and woman were not married, and she conceives and places the man's name on the birth certificate as father, or after birth tells state agencies that he is the father, there is more room for change. If the man demands paternity testing and DNA or other tests conclusively prove the child is not his, he can petition to have his name taken off the birth certificate in most states, and can petition the family court to remove the child support order from him.

No, that decision is made by the court. However the granting of a TPR to either parent does not necessarily mean that the requesting parent is relieved of his or her financial obligations to the minor child. If there is a court order of child support in affect a TPR petition is not be granted unless it is a matter of the minor child being legally adopted by a new spouse.

Yes, in New York, child support can be taken from any and all income sources with the exception of needs-based government assistance (such as food stamps or housing allowances). Pensions, retirement accounts, VA benefits, social security, etc, can all be garnished to pay child support in New York.

According to the Social Security Administration to qualify for benefits, you earn "credits" through your work - up to four each year. When someone dies, their survivors may qualify for benefits if you have to earned enough credits, young people need fewer credits to be eligible. The law governing benefit amounts may change. For more information you need to visit socialsecurity.gov. You can also visit govbenefits.gov because you may also qualify for government benefits outside of social security

yes you can because if the child isn't yours then you shouldn't have to pay

They should stop automatically. If they don't then call the bank and put a block on the money being withdrawn (provided you agreement does end when they turn 18)

You have to petition the court for child support to stop even if it's decided at 18yo. The system differ in different states. If the age is not mentioned in your child support agreement it will not stop automatically at all.

Not under normal circumstances. The custodial parent does not have to claim child support as taxable income and generally the custodial parent is the one who can claim the child as a dependent deduction.

If the divorce decree is from the State of Arizona, the answer is NO. He will not be required to continue to pay child support once your daughter turns 18 or until she graduates from high school, but not past the age of 19, UNLESS your divorce decree specifies that child support is to continue until she graduates from college. Arizona Termination of support at 18 or until child graduates from high school, but not past 19 No statute or case law holding parents to a duty to college support in the absence of an agreement; courts will enforce contracts to provide such support. Solomon v. Findley, 167 Ariz. 409, 808 P.2d 294 (1991).

The laws of intestacy in Louisiana are unique. If you die without a will in Louisiana the laws of intestacy will distribute your property to your spouse and children. The division of the property depends on whether the property is separate property or community property. Community property is property that was acquired by a married couple during their marriage. Separate property is property that was inherited, owned before marriage, or gifts. Generally, the spouse receives no separate property. It passes to your children or grandchildren. The surviving spouse receives none of the decedent's share of the community property if the couple has children. Your community property will go first to your children. If you do not have children, your spouse will receive your community property. This comment addresses spouse and children only. For the full picture of intestacy in Louisiana an internet search will provide numerous articles and sites that discuss the details.

if YOU are paying child support then YOU have no chance in getting a reduction, sorry they will garnish the maximum as the law requires and the C.S. is not included. sorry I've been there and it sucks. when it comes to taxes its cut throat to get the money no matter the situation.

Title III permits a greater amount of an employee's wages to be garnished for child support, bankruptcy, or federal or state tax payments. Title III allows up to 50 percent of an employee's disposable earnings to be garnished for child support if the employee is supporting a current spouse or child, who is not the subject of the support order, and up to 60 percent if the employee is not doing so. An additional five percent may be garnished for support payments over 12 weeks in arrears.

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Sure, just contact a lawyer or go into your local city hall. Make sure the child have someone to take care of it if you don't want to. Contact a counselor if it is too difficult to do.

Provided it is just for a trio or vacation, and not a permanent move, then possibly yes. In other circumstances no. It depends a lot on marital status, legal custody, and any existing court orders. Consulting a lawyer would be a great idea to find out the legalities for your specific situation.

year-end tax credit

Nothing happen's but the child will live with the tag of "father unknown" for the rest of their life. Paternity is presumed if the parents were married at the time of the child's birth. If the parents were not married, paternity can also be established by signing an acknowledgment of paternity or/and by genetic testing (DNA).

You should bring proof that the child has been emancipated to the court that issued the child support order and file a motion to terminate the order.

You should bring proof that the child has been emancipated to the court that issued the child support order and file a motion to terminate the order.

You should bring proof that the child has been emancipated to the court that issued the child support order and file a motion to terminate the order.

You should bring proof that the child has been emancipated to the court that issued the child support order and file a motion to terminate the order.

Yes. You may be placed in jail for up to six months for not paying child support. The legal basis for placing you in jail is "contempt of court." Contempt of court is a legal term that means you are not following a court order. You may also be fined up to $500 for each violation and have to pay attorney's fees and court costs.

You have the right to be represented by an attorney throughout a contempt proceeding. If two conditions are satisfied, you also have the right for the government to provide you with that attorney free of charge:

* You must prove that your income is very low or you have no income; and

* The result of the hearing must be that you are likely to be placed in jail.

In some cases, the law allows you to be imprisoned for a specific amount of time and/or pay a fine. This happens when you are criminally prosecuted and imprisoned for nonpayment, which is a felony. As of September 1, 1999, a felony conviction is sufficient to deport someone who is not a citizen of the United States. And your child support order will continue while you are in jail. You will need to petition the court to ask for a reduction in your child support amount based on what you can earn while in jail or in prison. While this may be difficult, it is extremely important that you try to do this. It is up to the court to determine whether to decrease your child support because you have been imprisoned.

Many noncustodial fathers believe that if they get behind at a time when they are legitimately unable to make a payment, what they owe can later be reduced or discounted by the court when an explanation is given. However, if you wait to explain your changed circumstances, the court will be unable to reduce the back payments you owe. So it is very important that you notify the court immediately, provide proof of the reduction in income, and ask that your payments be reduced accordingly. If you do this, the court may temporarily or permanently reduce the amount of future payments.

If your child support order has been reduced or suspended while you are in prison, your release is considered a material and substantial change in circumstances. When there is a material and substantial change in circumstance, the court must change your child support order. As a result, the amount you pay in child support will likely increase to reflect your earning capacity after your release from prison. Before there will be an increase in your child support amount, the court will have to be asked and agree to change the amount of child support you owe.

(Quoted from http://www.fathers4kids.com/html/ChildSupport.htm?article_id=78 )

The only way to have child support payments stopped is to file a petition with the court asking them to do so.

Same is true when a parent dies ... the other spouse must petition the court to have the child support payments stopped.

You would be wise to limit TV and computer time, not to over schedule, and leave enough time for free play.

The court will order you to pay some child support. If you don't have a job right now, it might not be based on your current paystubs, but it will be based on your tax returns from the previous years. If you won't be paying it on time, the child support will start adding 10% as an interest on the child support. And you'll pay it off when you can. If a custodial parent opens a DA case on you, it will take them about a year to get all of the info on you, and then they will start taking your money out of your bank account or from your pay checks. The best thing for you is to get a job as soon as possible, so you can start helping your child financially and at the same time stop getting your self into more truble, since not paying your child support is very negative for your credit and future opportunities in this country.

If the parents are unmarried, simply being the name on the birth certificate doesn't bestow any custody rights. An unmarried father must establish his paternity in court and arrange for a custody hearing if he wants custody.

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 signs the birth certificate he may still need to establish paternity through DNA testing. If he doesn't sign the birth certificate then he must establish his paternity through a DNA test.

A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

You will have to contact the courts or the child support recovery unit who handles your case to find out how much back support you owe. You will owe this amount even when the child turns 18 and your order is cancelled.

Yes. The government has become acutely aware of the problem of children living in poverty because a parent is not paying child support. Therefore, very strong laws have been passed to help collect arrears and states have been given wide ranging powers to collect arrears. Each state is required to maintain agencies for child support enforcement. You can review the laws and programs in your state at the related link.

If you have child support arrears your tax return can be intercepted if the custodial parent requests assistance from your state child support enforcement agency, or by the state if the state is paying family benefits. You should realize that child support is intended to help with the day to day costs of supporting a child. It's not simply a bill, like a credit card bill, that you can make small payments on until it's paid years later. If you have money coming in it can be redirected toward your arrears to provide immediate support for the child.