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This depends on the law in the state where the parents live. In some states, the parent who was to receive child support can collect support owed even after the children are adults. The parent who was supposed to pay child support cannot claim that the child support is too old to be collected, or that the other parent should have tried to collect sooner, except to the extent collection is barred by the statute of limitations.
Maybe. If your income has drastically changed for various reasons, such as layoff or illness, then you may be eligible for a modification of your child support obligation. The circumstances under which you can modify your child support obligation will vary according to your state’s laws.
Each parent is supposed to pay for child support according to his or her ability and circumstances and station in life. A parent with the higher standard of living has the obligation to ensure his or her children share in that lifestyle. A noncustodial parent cannot be forced to pay child support beyond his or her means simply to match the custodial parent`s new station in life (as where custodial parent remarries into wealthier social position).
Small Claims court never has jurisdiction of Family law matters (despite what you see on TV). You may need to contact Family Support Services in your city, or at your courthouse, and find out what your local rules are for the enforcement of the judge`s orders.
The cost of child care can likewise be apportioned between the parents. Because child care costs are incurred so that a parent is able to earn income, it means that a greater amount of combined income is available for the support of the child. Since both parents benefit from the cost of child care, this cost is divided between the parents (usually 50% each). The parent who actually pays the child care expense receives payment from the other parent.
No. You should not be responsible to provide for the children`s support, unless there was an adoption or you agreed to provide support in a marital agreement.
A biological father is responsible for paying child support unless someone else adopted the child or his parental rights were severed by court action.
No, unless the parents agree to a different amount during vacation periods when the child(ren) are away for long periods of time with the noncustodial parent or the order says otherwise.
In the end you are better off using an attorney. The issue is one of informed consent. You might pay for his attorney to advise him of his rights and to place in any such agreement that he received advice of counsel. That way, 4 years from now, he can`t come back at you and say: I didn`t understand what the heck I was doing.
For federal income tax purposes, child support payments you receive are not income they are tax free to you. The parent who makes the payments cannot deduct the amount as an expense on his or her federal tax return. However, sometimes parents are able to negotiate higher alimony (which is deductible by the parent making payments and taxable income to the receiving parent) to generate tax savings.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified child support lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local child support attorney to discuss your specific legal situation.