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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
Can back child support be held out of Social Security?
Yes, if there is a valid court order for child support and/or child support arrearages.
In Texas they say if you have one child befor the court and one at home instead of the 25% that is normally put in place you are responsible for 17%.
No.
Several US states do have laws regarding the number of children that the person is responsible for this generally pertains to related children.
In the majority of US states first born children always take priority when it pertains to child support. Rarely will the court reduce the original amount, the exception being when the custodial parent has a significant positive change in their financial situation.
Can you file a lien on your ex's property for child support?
Yes. File a lawsuit in the appropriate state court then assuming a judgment is granted, execute the judgment as a real property lien against the non compliant parent. In some states the social service agency in charge will assist the custodial parent if there is a court order for child support already in place.
Do you have to pay child support if child is not with mother?
If you are paying child support to a mother and the child is not living with her, you are still obligated to pay her if you have a court order to do so. In that case, you can petition the court to change the order. You can expect that you will have to pay whoever has the child instead of paying the mother.
Can the noncustodial parent file for full custody?
Yes of course. Unless the custodial parent is unfit the judge would not just change it though but there is also shared custody. It's up to the court to decide.
Can an IRA account be seized for child support?
In Illinois, yes, even if the child support obligor transfers his IRA into a new spouse's name. See Takata v Hafley at http://www.state.il.us/court/Opinions/AppellateCourt/2008/3rdDistrict/June/3070175.pdf
Can a father keep a child from the mother if she is granted physical custody?
It depends on the situation. If the mother is unfit (using drugs, alcoholic, partying, leaving the child alone, etc.) then yes, he could fight her through the court system and probably win. If she is a good mother and the courts have said he can't have visitation rights then he has to abide by the law or seek legal counsel to try and have this request reversed. If the courts have ordered total custody to the mother and the father kept the child(vice-versa) then it could be considered kidnapping! Marcy Parental abduction is the charge used when the non-custodial parent takes a child w/o permisson or refuses to return a child to the custodial parent after visitation. Parental abduction is a civil matter not a criminal one and the custodial parent will need to seek an order of requisition from the court to have the minor child returned. When such a petition is filed a DFS/CPS investigation is automatically instigated. The findings of the investigation will determine what custodial rights are granted (if any) to either parent. Thanks for the input. I'm in Canada and I know our laws are different. We call it plain old "kidnapping" here. Sorry to use some wrong terms off and on, but, the point is made. Your post was interesting and thanks. Marcy
How hard is it to adopt a child from another country?
Some aspects are easier than domestic adoptions, others are harder. It depends on what country you are adopting from. It is helpful to use an agency familiar with both the country you are adopting from AND your state.
If your boyfriend is not the dad can he still sign the birth certificate?
No. The solution in this case is for your boyfriend to adopt the child. This will probably require you to get married, which would also be a good idea.
If you allow him to sign it, that's Paternity Fraud
In pa if your child is 19 and still in high school do you still have to pay child support?
Generally, the obligation ends when the child reaches 18 years of age or the child graduates from high school, whichever occurs later. A child will also automatically be ineligible for child support is removed from disability status by a court order.
see link
Does a parent have to pay child support for a 17 year old who does not go to school?
Because your child has decided to approach life defferently, does not exclude you from paying child support.
You would need to return to court to do so, and it's likely the court would simply order your payments to be redirected.
Does the father have visitation rights if on child support?
No the law states visitation should never be refused when child support is not paid. The law states that not allowing the child(ren) to see the parent would be considered punishing the child. (Canada, Ontario Law)
Do you have too pay child support if the child is 17 and a mother?
Whether or not a 17 year old can receive child support in his or her name depends on many different factors. Some states will allow this in certain limited circumstances, while others will not. The child would have to prove to the courts that there is a compelling reason to allow this before it could happen.
Who has custody when no court order has been established?
From Macky in Discussion:
If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.This means in most instances the biological mother may remove the child from the state of residency without permission from the father, unless a court order is issued prohibiting the act.
Will your child support be lowered if your child's mother marries?
No, why would it? You will still have responsibilies for your child's care and expenses. These financial needs wll increase as you child gets older, whether your wife remarries or no. If your were paying alimony to your ex-wife, that should end if she remarries.
No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling.
No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling.
No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling.
No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling.
How can you prove you have made cash payments for child support?
Pay by check on the dates the payments are due and make certain they are in the correct amounts. Maintain a hard copy record of your cancelled checks. If it comes out of your paycheck then keep copies of your paycheck stubs in a safe place.
Do not pay in cash.
Do you still have to pay child support in Massachusetts if you are a full time student?
Just because you choose to go to school doesn't mean your child needs diapers or food any less or that the child's custodial parent should suddenly be forced to bear the entire financial burden.
Being a full-time student does not, in itself, exempt one from child support. A full-time student with little or no income/assets will not ordinarily be ordered to pay child support; however, the court may order the student to seek employment.
If you weren't a full time student at the time the court ordered you to pay child support and subsequently become one, you can go back to court and attempt to have the original order modified. The court may modify the orders to reduce the amount you have to pay, or they may decide you should still be able to afford the full original amount of child support (even if this requires you to get a job in addition to/instead of going to school).
It all depends. If a child reaches the age of 18 but enrolls in a higher education program or vocational school by Oct 1 after graduation of high school and attends at least 12 credit hours per semester then the answer is no. Child support continues until the age of 21.
If the child dies, marries, is self supporting and has been released from parental control by the parent who has custody, joins the military, fails to enroll in a higher education program and/or doesn't maintain passing grades in order to complete the caseload then child support should be terminated. One has to petition the courts in order for that to happen. Forms can be found at the site in the Related Links. It is always best to obtain an attorney to protect your rights and advise you on how to proceed.
Also be very leary of Missouri Child Support enforcement. Keep your own payment records and copies to prove how much you have paid and when because MCSE has a long and strong history of taking more money than they should, sloppy record keeping, and not terminating the child support order when it should have been terminated. They also have a habit of saying the absent parent owes more arrearages than they actually do and keep on taking it long after it has been paid. It is up to you to prove they are wrong so keep all records of payments, payment amounts, dates payments were made etc. and the totals and proof of how much they claimed you owed. It can take years to get it to stop even though it has all been paid. The person responsible for paying back the money that was over paid is the person receiving the child support money. In other words, you'll never get a penny of it back. We are out $9000. Please get an attorney because they will and do steal you blind.
How do you write a child support agreement letter?
If there's no court order, you're not. see link
This is not exactly true. If you are not court ordered to pay child support and you do voluntarily, the parent with custody of the child must write a letter verifying that you pay child support on your own recognizence and have it notarized. It has to been the custodial parent who takes the letter to the notary and she must sign it in front of that notary as well as show identification to verify who she is.
What does it takes a community to raise a child?
Yes, it really does take a community to raise a child well and with lots of love. It is doable to raise a child without a community, but it would be a lot of work for a small group of people.
Generally, No, but l laws vary from State to State. Also- it is not uncommon for a divorce settlement to specify that one or the other parent must pay for college education... In which case, you are legally obligated...
Usually, a good lawyer will not allow a client to sign a contract obligating them for expenses beyond the legal age to which the State mandates support.
