I have a daughter who's in Virginia and I am here in California.  I am paying child support every month and have been a loyal father to my daughter.  I'm going to pick up my daughter and she will stay with me for 3 1/2 months.  Since she will be with for that time would it be legal for me to stop the child support while my daughter is with me?  I had never stopped it before because my daughter was enrolled in a school, however her mother pulled her name out of the enrollment this time.  Where would I find that legal information stating that it would be legal or that I have that right to stop the child support while my daughter is staying with me?
208555
No. Do not hold up the child support while your daughter is with you.  If it is likely that you will have her for several months each year from now on, contact an attorney where the court that made the order is located, and ask the attorney if under the rules of that court your child support would be reduced due to the new schedule and what the child support might be given the new schedule, your current income, and the ex's current income.  \n\nMost state's schedules assume the child spends some amount of time with the non-primary parent.  So you may already have gotten the benefit.  Child support is based on current income, and it often happened in my practice that a father who came in to lower support based on a new time-share ended up paying more support because his income had gone up.\n\nBut, not paying could result in:  (1) contempt of court. (2) criminal prosecution for non-support. (3) attachment of your wages. (4) attachment of your income tax return. \nAND (5) Ticking off the Ex so that she does not put your child on the plane next summer.
102215
Child support from the father never stops...  no matter what, unless a judge agrees to it and they almost never do because reducing child support is never "in the best interest of the children" and it decreases the amount of money the states get in support of child support collections from the federal government.  The father can go to jail, lose his job, be sent overseas to fight our wars, even die.  The mother can cheat on him with 50 other guys, get remarried, not allow the father to see his children, move 3000 miles away, etc.  It never stops, including penalties and interest when it's not paid.  After a cetain amount of time, the father goes to jail also if its not paid.  And it's never dependent on the mother fulfilling or not fulfilling her divorce obligations.  Here's a couple of recent articles:\n\nhttp://www.woodtv.com/Global/story.asp?S=4449531&nav=0Rce\n\nhttp://www.townhall.com/opinion/columns/phyllisschlafly/2006/02/27/187993.html\n\nAren't you glad your a man and for women's equal rights?  Women now have all the choices while men now have all the responsibilities.\n\nAnd by the way, if you move in with a single mother and act like her child's father, she can take you to court when you break up and sue you for child support because you have now effectively become the child's father if the child has no original father (like if he died or she has no idea who the real father is).\n\nWant to hear about a real jaw dropper?  Adult women have statutorily raped young, teenage boys, gotten pregnant, had the child's baby, sued the child in court for child support, and won!\n\nDon't believe me?  Check it out.  Spend some serious time at the website www.mensactivism.org.  That site will also help you become aware of other men's rights problems and organizations and projects and battles.\n\nIf you haven't yet been irrepairably brainwashed by the feminists and think we men should all "take it like a man", I invite you to become a men's rights activist.  Once you start reading more and more on this subject, you won't believe how badly we men are being screwed these days.  And when it happens to you, it will be too late because most of the time, any new laws will not apply to circumstances that happened before the new laws are instituted.\n\n-------------\nTo Sascy2001:  Concerning your comment as follows: \n\n>"In that case you should go back and fight more caus if they cant pay how thye feeding your kid"\n\nHere's a recent example of a father who changed jobs to one less demanding that paid less than before and the court set his child support based on much higher income because he had the "potential" to earn more:\n\nhttp://www.news.com.au/story/0,10117,18367862-421,00.html\n\nI realize this is in Australia but it's regularly done here in the U.S. as well.  Furthermore, if a guy loses his job completely or goes to jail, how is the guy supposed to afford a lawyer to fight his case in court?
150852
I am assuming that you had legal custody and he had visitation rights?  \nTo my knowledge that should not effect her ability to get services from the state.  As long as she is a resident of IL she should continue getting benefits.  The only people that would care who has legal custody is you, her, and her dad.\nKeep in mind - if she lives with him - you could be liable for child-support payments to her dad.
438064
you should get a lawyer to file with the court a petition to stop child support  due to the fact that you are living together and plan to get married again, it should not be that expensive $150-$250.\nand would be well worth the time.
198232
The two things are separate issues. The child support is for the child, not for your ex-wife and it has to be per the existing court order no matter what. Child support can be modified in Family Court. So, if your ex took off with your daughter and you did not know where to send support checks and she was not in touch with you or the court trying to get it, you could possibly have the retroactively modified in Family Court by filing a motion.\n\nYour ex is guilty of kidnapping. The same Family Court Judge can issue a bench warrant for her arrest that the DA has to act on if you file a motion. He is going to ask you why you didn't do this 7 years ago which is a pretty good question. Normally, the warrant in cases like this is satisfied by getting the child back into the state. Arrests are rare. Now, that your daughter is not a minor, probably nothing will be done.\n\nGet an attorney to help you file these things and argue before the judge.
210249
laws very from state to state. i don't think you can collect support after the child was adopted because the father would have to give up his rights. when he did that he relieves his self of past payments due. most men give up there rights as a father to keep from paying child support. but i would check w/ a lawyer to be on the safe side.
411122
Barbara is right. You need to file in the county where the child resides (and has resided for at least 6 months). And, you can only collect child support that dates back to the date you originally filed for support.\n\nYou can pick up the paperwork at your local Family Court office or you can request assistance from D.S.S. They will help you even if you don't qualify for other services.
296287
No, she will still get child support.   I just got married and have two step-sons now.   The father is still required to pay his child support.
655175
It would seem to me that if the child is not yet the age of majority and still attending school(all though its consider \n"adult ed") and still living with you..the child support should continue.\n\nYour ex..could petition the court to have the child support cease, if the child is not living with you and/or if the child is not attending school.
417547
why is he so far behind in child support? it seems to me like he doesn't really care about you or your daughter...\n\nif he really wants to be in ur daughter's life, he has to prove that he is serious about it...otherwise, i don't think u should move.
592950
There is no reason for child support to be tied up in Indiana bankruptcy court.  I work for both bankruptcy attorneys and family law attorneys.  Your ex cannot discharge (get out of) paying child support arrearage through the bankruptcy court, and  child support ordered are not subject to stays (stopping) during the bankruptcy process.  Is he paying support currently?  Email me at topofthehillfarm@yahoo.com if you want to.  Good Luck.
509969
Check out http://www.dadsdivorce.com it has a child support calculator there.\nIt would be nice to think that parents could help each other out in the raising of a child and that it could flow nice and easy.  My thing, if the ex is asking for more, you have every right to refuse and probably every rationale to not pay over and above your amount in child support.  It will not be credited to you and it might very well be used against you later on.\nThe only thing I am confused on is whether it has been modified because she is out of work.  If she tries to, you can still dispute it based upon her work history.  If she's trying to gravy train off the child support ask the courts to impute an income for her so that your child support is based upon what the child and what you need.
31496
i think it depends on the state you're in. in my state the support cannot be changed simply because someone remarries. when someone asks the court to modify the child support, here in my state, they only take into account the amount the father and mother make - not the "household" income. try calling a local law library for the specific rules in your state.
329660
I know a lot of states won't allow the argument that one parent works and has to take a child to a sitter and the other parent doesn't.  I went through this same argument with my ex husband.  I worked full time, and he didn't.  The judge said that it wasn't admissible into court as long as I had a safe place for my son to be while I was at work.  The judge then ordered that he had to watch my son when I was at work, so I wouldn't have to pay a babysitter.  Even if you don't get full custody, you can probably get to have your child whenever your ex is working or away from home for an extended period of time-ours was two hours.  The fact that he is a corrections officer doesn't really help him.  The judge is going to look at your charecter more than your job, unless your job is illegal.  My husband is a truck driver, and his ex is a stay at home mom, and we still won full custody of his three girls.  Come on, most truck drivers have a really bad rep of being vulgar jerks, but it didn't seem to matter.  If he is calling the police and claiming you are refusing to return your child when ordered, have the visitation drop off changed to the police station.  There is always someone there, and they make great wittnesses to pick ups and drop offs.  That is what we had to do.  My husband's ex kept bringing the kids home two and three hours late, but as soon as we moved pick up and drop offs to the police station it changed.  Evey time you drop your child off with him, they can give you documentation that you were on time and the child was in good health, ect.  Also, keep a copy of your custody arrangement handy.  That way when he says you're breaking it, you can pull it out and show you are following all of the guidelines it gives.  If you can record every conversation you have with him.  If you can't record them, keep a journal and write down everything he says and does around you.  If you keep it up all the time, not just sometimes, it is admissable in court, and it will give the judge a good idea of the kinds of things he is saying and doing to you.  Just keep on doing the best you can.  It won't be easy, but don't despair.  Let him keep being a jerk about everything.  As long as you document EVERYTHING he will hang himself in court with his behavior.  Good luck and God Bless:)
447676
Most states won't let you terminate parental rights unless the other person is remarried and their new spouse wants to adopt the child.Children can not be left "fatherless",at least this is what my lawyer told me.Even if his rights were terminated,he is still responsible for child support unless someone else adopts the child.
455614
Here is my take on the situation- if your husband has visitation rights, and he shows up to pick up his daughter does the \nMom refuse to allow her to go with her Dad?...if this is the case, I would speak with the local police department and take the visitation order with him as well. He needs to let the officers know he is trying to follow what the court has determined to be in the best interest of his daughter however his ex-wife is not uphoding the courts orders. I would then request the officer to accompany my husband to the daughter's house and let the Mom know that he has the right to have his daughter according to what the judge decided- with the police officer on the property and knowing the background of the situation your husband should have no problem getting his daughter for the times that he has been granted. He can also let the Mom know that if she abides by the courts orders he will not have the police accompany him each time for pick up, but if he needs them there for each and every pick up to be civil he will do it for the daughter's benefit and to not a cause a nasty scene.\n\nThe other thing is to speak with children's services or your attorney and let them know the ex-wife is not following through on what the court has ordered for visitation rights with his daughter.  \n\nI myself would never want to see a parent relenquish parental rights- in my opinion that's not fair to the child...it's not their fault the Mom is being a pain in the a$$- so go after the Mom and make life tough for her not the daughter.   :o)\ngood luck!
671349
Leagally, he has rights to see her.  To take her from you, he has to prove you to be unfit.  That can be hard to do.  He will have to pay child support do to the fact that he is, by all rights, her father.  They could issue a paternity test since he name is not on the birth cirtificate but what I would do if I were you is find yourself a real good lawyer right now and get on the right track to securing your and your daughters future.  They would be far more knowledgable in this field and could help you more than strangers.  Everyone will have their own opinion, but it is up to you to do the right thing.