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Are Courts Doing What is best for Children?
The United States is a country of fatherless children. More than 50% of American households do not have a father in the home. Statistics over the years point to many social problems as a result of this epidemic. Fatherless boys are twice as likely to end up in prison while fatherless girls are 53% more likely to marry as teenager to have male influence in her life. The statistics on the effects this epidemic has on children are alarming.
In order to rectify the problem, American courts have put stringent child support laws into place. By requiring father's to pay child support, the financial burden of fatherless children are taken off the government and placed upon the father. Most people agree that fathers SHOULD pay child support to their children. Each day, thousands of men are taken to court, ordered to pay their child support and placed in jail if they do not pay. Though the courts are acting in the best interest of fatherless children, this system does little to fix the social problems of children without fathers.
In cases of divorce and separation, couples attend a court hearing. At this hearing, a judge will normally set a fair child support payment due by the father and set a schedule for visitation if it applies to the case (in the absence of abuse and neglect). However, when the father is not married to the mother, visitation is not considered during the hearing. When unmarried men are brought to court for a child support order, courts do not hear or schedule requests for visitation. Instead, unmarried fathers must obtain an attorney and sue for visitation on their own. Most men paying child support, especially if they have more than one court order are usually unable to pay for an attorney or miss work for what may be a long, drawn out process.
In these cases, it is up to the mothers or guardians of the children to grant these fathers with time to visit their children. Sadly, only 50% of single mothers feel that the involvement of father has any significant impact on the wellbeing of the child. According to the National Center for Fatherhood:
"40% of mothers reported that they had interfered with the non-custodial father's visitation on at least one occasion, to punish the father.
Mothers, who are angry at the fathers for any given reason, ADMIT to making it difficult for fathers to spend time with their children as retaliation. Even if the non-custodial father pays his child support on time, the father without a court order granting him visitation, he will most likely never get to spend time with his child. Mothers must learn that by denying a good father visitation rights to his children, she is only hurting her children.
Fatherless Children- The Statistics
For Non-Custodial Fathers
National awareness is finally turning to the importance of the father's role in the life of his children. Fathers who pay their child support and do not get visitation access to their children should never give up. For those in this situation, there are several things that can be done to gain visitation rights:
Child Support Laws and Men's Rights
Parents have a legal obligation to care for and raise their children. When the parents are not married or not living together, courts can award child support to either parent. While men are often the party responsible for paying child support, their rights to pay or receive such support are not based on sex, but on the factors involved in each child support case.
Basis
Child support is a payment made from one parent to another to ensure a child's needs are financially met. It can be ordered by any court having jurisdiction over the child in any case that comes before it. As long as you are the child's legal father, you have the right to receive child support and the obligation to provide it.
Time Frame
Courts can award child support at any time after a father is awarded paternity rights. These orders continue as long as the child is a minor or until other conditions are present. For example, states allow for continued child support when a disabled child requires care after reaching the age of 18. Further, child support orders can be modified by the court as long as the paying party shows a significant change in circumstances that warrant a modification.
Considerations
A man can be ordered to pay child support, or receive child support, whether or not he and the mother are married. If there is a question of paternity, men also have the right to ask the court to order testing to prove who the child's father is. Though the methodology of this determination varies from state to state, the court can order testing performed on the mother, the child, the purported father, and any other interested parties.
Misconceptions
Child support obligations are not solely the responsibility of the father. Courts take a number of factors into consideration when awarding support: who the child's primary caretaker is, how much each party earns, and what the child's needs are. The parent's sex is irrelevant to these decisions, and states have specific laws stating that courts cannot take sex into consideration as a factor when awarding support.
Warning
A child support obligation, or right, can have a significant impact on your life. You should always talk to a qualified attorney in your area if you have any questions or concerns about child support and your rights as a father. Many attorneys specialize in father's rights issues and can provide you with up-to-date information about rights and obligations in your state.
Although men are most frequently the providers of child support, 15 percent of all people who pay child support are women.
The average child support payment made in the U.S. is $430 a month.
There are no national guidelines for determining an adequate amount of child support. Each state uses its own calculations to set child support.
Child support money is completely tax-free income for the recipient, but is NOT tax-deductible for the person paying child support.
Child support and visitation rights are two distinct and different legal matters. (You can’t legally stop paying child support just because an ex makes it hard for you or even prevents you from seeing your child).
Child support is not dischargeable by bankruptcy. (Even if you are dead broke, deep in debt or out of work, a bankruptcy judge cannot wipe out due or overdue child support payments).
Child support orders can always be modified by a court order. (If there has been a significant “change of circumstances,” either parent can go back to court and request that child support be increased, decreased, or even eliminated).
A parent who is unemployed or has a reduction in income is still required to pay all court-ordered child support, unless that parent has received a court-approved, written child support modification from a judge.
Failure to pay child support can lead to serious consequences, including wage garnishment, asset seizure, credit bureau reporting, driver’s license suspension, passport denial, withholding of unemployment benefits, and even arrest or jail time.
The "persuasive minority" is at it again over at Fathers and Families. They are all up in arms because deadbeat parents will have to support their children. It is all so unfair!
Here is their issue, child support arrears can now be taken out of social security, disability and military benefit checks going. At the moment states can garnish a check but cannot take more than 65% of the check.
In March of 2013 social security, disability and military benefits will be disbursed electronically, meaning the monies will go directly into the recipient's bank account. The problem with that is there are no federal guidelines dictating how much or how little can be garnished when money goes directly into a bank account. In other words, states will have the ability to garnish the entire check.
According to the Fathers and Families, "This will cause tens of thousands of elderly, disabled, and veterans to become homeless. It is even worse, because most of the money collected will be kept by the states for their own purposes; it will never go to a mother or child. In many cases, the arrearages are very, very old. The children for whom the child support is allegedly being collected are grown. And much of the money owed is accumulated interest and fees. These accumulate during the long years that poor people are unable to pay their child support order, or have been disabled or laid off."
Parents are responsible for meeting the financial and emotional needs of their children until they reach the age of 18. Fathers who live apart from their children often have to deal with a lot of issues - such as custody, child support, court processes, and more - which can be overwhelming and confusing.
This guide was designed for non-custodial parents (parents who do not live with their children) to provide helpful resources and help answer some of their frequently asked questions around these issues.
Paternity and Custody
Who is considered a custodial parent?
The custodial parent lives with his/her child and is the legal guardian of the child. The custodial parent does not have to be the child’s mother or father. The custodial parent can be the child’s grandparents or legal guardian.
Who is considered a non-custodial parent?
The non-custodial parent does not live with the child but is still responsible for providing support for the child. While you may not live with the child you are still a very important part of his or her life.
Child Support
What is child support?
Child support is a payment that non-custodial parents make every month to support their child. The court decides how much you have to pay every month. This amount is determined on the basis of your income and the needs of the child.
Who can apply for child support?
Any parent, guardian or caretaker of a child who needs help supporting her/his child can apply. If the custodial parent applies for public assistance she or he must provide information on the non-custodial parent so the OCSE can seek child support payments.
What is the Child Support Enforcement program (OCSE)?
OCSE maintains child support enforcement laws, creates procedures to establish paternity and to obtain court orders for child support, collects and distributes child support payments and enforces child support orders when payments are not made.
What am I responsible for providing financially?
NYS guidelines state that non-custodial parents must pay a certain percent of their income each month to cover all child expenses plus a certain amount to cover the following expenses: child care, uncovered medical expenses and educational expenses. To get an idea of how much all of this might cost, go to the Taking Control of your Finances section for more information.
At what age do family child support payments end?
Child support payment ends when the child reaches the age of 21.
What if I cannot afford to pay the amount of child support ordered by the court?
Depending on your situation, there are a few options to consider:
You must prove that it is impossible for you to pay that set amount and file a “Change of Status form.” This is a form that you must fill out to request formally that your monthly payments be decreased by the court.
If your income falls below the poverty level then you may be able to get a poverty order allowing you to pay only $25 to $50 a month.
If your income does not fall below poverty level, but you still cannot afford your child support payments, you can still ask the court to decrease the amount of your child support payments.
The court will also allow for a written agreement between the custodial parent and the non-custodial parent allowing for a lesser amount. However, the judge must agree to that amount based on the age and needs of the children, child care expenses and all factors consistent with the best interest of the child.
What are the consequences if I don’t pay my child support?
If you do not pay for child support after being ordered to do so by the court for more than 4 months, the Office of Child Support Enforcement can enforce any or all of the following measures:
Who should provide medical insurance for the child?
If there is no agreement between both parents of the child, then the court can order either parent to be responsible based on the medical insurance plans available to both parents.
Custody
What happens after a case is filed against me?
Both you (the non-custodial parent) and the custodial parent will receive a letter in the mail (sent priority) requesting that you attend a hearing in court set for a certain date. Once you appear before the magistrate on your set court date, the court will determine the amount of child support payments based on documents both parents submit verifying all sources of income, as well as expenses related to the needs of your child.
But I am not the biological parent. Why do I have to pay child support?
The biological father is not always the legal father. To be considered the legal father, you
Once paternity is established, an “Acknowledgement of Paternity” form must be signed before being legally recognized as the father of a child.
What is a paternity test?
A paternity test is a way to determine the biological father. Paternity tests can be done by taking blood or taking saliva samples with a cotton swab. For more information on paternity testing contact your nearest local family court.
Why should I establish paternity legally?
Establishing paternity legally gives you legal rights as a parent including court ordered visitation and custody. It also allows your child to be eligible to receive benefits available through you such as health insurance through your employer and money from social security.
How can I establish legal paternity?
If you signed the child’s birth certificate, then you have already established paternity. However, if you are not listed on the child’s birth certificate as being the father then you will need to take a paternity test. Once you have taken the paternity test and are confirmed as the father of the child you will need to sign an “Acknowledgement of Paternity” form. The mother of the child must also sign this form before you are legally recognized. Once you give this form to the courts you will be legally recognized as the father of the child.
How much is a paternity test and what if I cannot afford one?
The costs will depend on what kind of paternity test is performed. Prices can range from $250.00 and $2,000.00. A test for paternity while the mother is still pregnant is more costly than a test done after the baby is born. Some testing sites offer lower cost testing that is non-court-approved, or “curiosity testing.” Most centers offer payment plans and will require full payment before they release the results to you. The American Pregnancy Association recommends paternity testing facilities which have been accredited by the American Association of Blood Banks. Results from a paternity test should be given within 14 days.
The parent with legal custody has the rights by law to make major decisions that affect the child. There can be joint legal custody or sole legal custody. Sole legal custody is when the parent that lives with the child (custodial parent) has full responsibility of the child and makes all major decisions affecting the child including health, education and welfare. Joint legal custody refers to both parents sharing the responsibility of making all major life decisions for that child.
Physical custody refers to where the child should live. Physical custody can be broken into three areas including sole physical custody, joint physical custody and split physical custody. Sole physical custody is when the child lives with one parent and spends less than 26% percent of the year with the non-custodial parent. Split custody generally means that the child splits the calendar year evenly with each parent. However, split custody can also refer to a situation in which there are two children involved and each parent has sole custody of one child.
Payments and Arrears
If I am not paying child support do that affect my ability to visit my child?
No. Child support payments and visitation rights are separate issues. The custodial parent should never discourage you from visiting with your child if you have a legal agreement relating to visitation rights.
How can I make my child support payments?
You can make your payments by paying the custodial parent with cash, a check or through direct deposit; however, checks or money orders are highly recommended because these payments are on record. A court may also order a wage garnishment in whereby the money can be taken directly out of your paycheck.
Be aware that if the courts are forced to place a wage garnishment on your check, your employer may charge a fee, which can cost up to $10 per month.
What can I do to avoid missing payments?
The best way to avoid missing payments is to keep in contact with your child support enforcement agency. By doing this, you can know when a payment has been changed or you can notify the agency about changes in your income. Also, learn to budget your income to avoid missing payments. Click on this link to learn more about budgeting and connect to a budget worksheet that can help you manage your money and be prepared for your monthly child support payments.
What are arrears?
When you miss a child support payment, you accumulate debt. Child support debt is called an arrear. Even if you are incarcerated or unemployed, you are still expected to pay child support each month. There are ways that you can avoid arrears, such as requesting a petition for modification as soon as your circumstances change.
REMEMBER: Any back child support payments you owe can never be reduced!
In what situations can I change my child support payments?
Most people would need to change child support payments in the following situations:
How do I know the state isn’t taking more out of my check monthly than they should?
There are NYS guidelines based on the percentage of the non-custodial parent’s net low income. Net income is the amount of money you keep after all taxes and deductions have been taken out. Based on the number of children under a case, the following percentages indicate how much may be taken out of your net income for child support: (these figures are an estimate based on NYS guidelines)
1 Child= 17%
2 Children= 25%
3 Children= 29%
4 Children= 31%
5 Children= 35%
What happens after a case is filed against me?
Both you (the non-custodial parent) and the custodial parent will receive a letter in the mail (sent priority) requesting that you attend a hearing in court set for a certain date. Once you appear before the magistrate on your set court date, the court will determine the amount of child support payments based on documents both parents submit verifying all sources of income, as well as expenses related to the needs of your child.
What happens if I don’t appear for my child support court hearing?
If you fail to appear for your scheduled hearing, the court system will use a “3 strike rule”. After failing to attend a third scheduled hearing you will be issued a default child support payment order. It is in your best interest that you appear in court. The court can and will order child support payments to be made whether or not you are present. If you are present, you can bring all necessary documents proving your income giving the judge a chance to set a fair amount on your behalf.
Am I still responsible for child support payments if I get incarcerated?
Yes. You are still responsible for payments while you are incarcerated. In this case, you should try to petition the court to grant you a reduction in your child support payments while you serve your time.
If my child support payment was reduced while I was in prison, what happens when I get out?
Once you are released from prison, the court will re-issue you another child support order based on your capability to earn income. The amount of your child support payments may increase based on the judge’s decision.
How do I get custody or visitation rights to my child if the custodial parent does not allow it?
If the custodial parent and non-custodial parent cannot come to an agreement on their own, the court will be responsible for determining custody and visitation rights. The court will grant custody and visitation rights based on the best interests of the child at that particular time.
Can I stop paying child support if the custodial parent discourages me from visiting with my child even after a legal order has been made by the courts?
No! Under no circumstances should you ever stop making child support payments unless you are ordered by the court to discontinue payments. You will be responsible for any payments you miss no matter what the situation. If you encounter a problem in which the custodial parent is not complying with a court order, you should speak with an attorney or your local court clerk.
ORS/CSS says I owe more than I think I do. What can I do to correct this? As the person owing support, the burden of proof is yours to dispute the amount of child support the custodial parent is claiming is owing or the amount ORS/CSS states you have paid. This can be done by providing proof of payment, such as canceled checks. It is also your responsibility to provide ORS/CSS with proof of income, proof of medical insurance and any changes to your address or employer information.
Prior to any administrative action to collect support, ORS/CSS will send you an Annual Notice of Past-due Child Support, or other document which outlines how and when you can dispute the alleged facts of your case, including the amount of support owed. Again, the most important thing for you to remember is do not ignore ORS/CSS correspondence. Failure to respond could result in collection actions, such as your Federal and State tax refunds being intercepted, or withholding up to 65% of your disposable income. Whenever you have a question or concern about your case, immediately contact the person listed on the ORS notice, or call the Customer Service Unit in the ORS office nearest to you
Fathers are systematically discriminated against by family courts which nearly always award physical custody to the mother even when the father has committed no fault. Family courts typically deny faultless fathers their equal parental rights even when state law appears to require equal custody.
The social ills that are caused by the lack of a father role-model and discipline-dispenser in the home have been voluminously reported. We've been led to believe that the plight of fatherless children is caused by husbands walking out on their wives, fathers abandoning their children, and deadbeat dads.
That may be a primary cause in the matriarchal welfare system, but no evidence supports a claim that large numbers of non-welfare fathers are voluntarily abandoning their children. Thousands, perhaps millions, of middle-class children are growing up fatherless because the family courts have deprived them of their fathers.
One of the best-kept secrets in American society today is that two-thirds of divorces are now sought by wives, not husbands. The feminist movement has taught wives that they can seek "liberation" by walking out on the marriage contract and marital duties and still reap the benefits of marriage, i.e., their children and his money.
Some 80 percent of divorces are involuntary, over the objections of one spouse. Very few of these divorces involve grounds such as desertion, adultery, or abuse.
We urgently need a comprehensive study of how many family court decisions deprive fathers of their parental rights, and deprive children of their fathers, when that awesome punishment is not based on any finding of fault. Information is difficult to gather because most of what family courts do is not available to public scrutiny.
How many children are separated by judicial fiat from involuntarily divorced fathers who have done nothing wrong? How many children are separated from their fathers because of questionable child abuse accusations without any evidentiary hearing or due process of law?
Fathers are starting to fight back. During 2004, federal class action suits were filed against 46 states on behalf of an estimated 25 million non-custodial parents, primarily fathers, claiming violation of their right to equal custody of their children.
What does it mean to be a “Deadbeat Parent?”
There’s a common misconception out there that any parent who’s fallen behind on child support payments must be a “deadbeat parent.” But when you look at legislation regarding the issue of deadbeat parents, it becomes apparent that this is not the case.
Each state has its own laws regarding child support enforcement. However, there is a federal law known as the Deadbeat Parents Punishment Act (DPPA) of 1998, which comes into play when a parent owes child support to child who resides in another state. According to the DPPA, a true “deadbeat” is an individual who:
"Willfully” is the key word. Many parents who’ve fallen behind on child support payments aren’t choosing not to pay; they’re unable to pay.
Can Deadbeat Parents Be Punished?
Yes. When a parent falls significantly behind on child support payments, the state may:
In addition, in accordance with the Deadbeat Parents Punishment Act (DPPA), parents who owe child support to a child residing in another state and have not paid that child support in 12 months, or are more than $5,000 in arrears, can be charged with a misdemeanor. Parents who owe child support to a child residing in another state and have not paid that child support in 24 months, or are more than $10,000 in arrears, can be charged with a felony.
What about Parents Who Run From Child Support?
Parents who move from state to state in order to avoid paying child support, or who use an alias in an attempt to evade the authorities, may the subject to federal prosecution under the Deadbeat Parents Punishment Act.
What Causes a Parent to Not Pay Child Support in the First Place?
Many parents who are behind on child support payments are unable to pay child support because they’ve fallen on hard times. In cases where an obligor’s circumstances have changed significantly, the courts may consider reevaluating the obligor’s financial situation and decreasing the amount of child support owed. Parents in this situation should request a modification through the court that issued the child support order.
21 Reasons Why Deadbeat Parents Bail on Their Kids
And What You Can Do About It
How to Become a Reformed Deadbeat
If you're reading this as a parent whose behind on child support—or who has never paid—know that you can rectify the situation. Contact your local Office of Child Support Enforcement and explain that you'd like to begin paying child support. They will set up a payment plan with you and even make arrangements for the money to be taken directly from your paycheck (which is also known as wage garnishment). You may think that it's not a big deal to your child, but it is. Up until this point, not paying, under-paying, or inconsistently paying child support has unintentionally given your child the impression that you don't care. Most of the time, that's not true at all, but it's important for you to understand that that's the message your child internalizes, and it hurts.
What Rights Do Non-Custodial Parents Have?
One of the most painful aspects of divorce is the separation of one parent from the children. Indeed, he or she may begin to feel not a parent at all but rather just a visitor in the child's life. Ideally, a 50/50 joint physical custody should be presumed by Family Law. Until such a time, however, the system can feel like it exists to spite the non-custodial parent.
Such parents do indeed have inalienable rights with their children, except in cases where significant abuse or neglect has been proved. They have the right to visit their children, and according to a set schedule. Such consistency of routine is also, invariably, beneficial to the children. Non-custodial parents also have the right to holiday time, to access their children's school and medical records, and to pay child support in an amount that fairly reflects what they're able to earn.
Unfortunately, most of these rights can be difficult to enforce - for two reasons. First, the laws are ambiguous in a lot of areas, and secondly, the wording of parents' divorce agreements may be too vague to hold substantial weight in court. Whatever is written in a court order pertaining to custody - whether it's called a visitation schedule or a parenting plan, is what's legally enforceable. For this reason, the best defense that non-custodial parents have is to try and foresee any difficulties or misunderstandings they may have with former spouses and try to clearly define what arrangements would work for both parties before committing anything to paper.
The most hotly contested issue in court cases involving custody is visitation rights. This is because, again, the wording of it may have no obviously defined meaning. "Liberal and frequent visitation" may sound like a great arrangement, but the exact interpretation of that may end up being subject to the custodial parent's whims of the moment. A visitation schedule should have exact dates and times clearly written out. Another recurring issue that's often contested is residential moves. One's parenting plan should anticipate this, and declare in writing whether such a thing (the custodial parent moving with children to a distant state, or even out of the country) will even be permissible at all.
Other issues that should be addressed in the parenting plan are whether or not, and by what means, children can be contacted when they're with the custodial parent. Holiday times should de clearly defined - exact days, and with whom. There should be a provision in there guaranteeing the non-custodial parent the right to access children's school and medical records. If parents live a fair distance away from each other, who will provide transportation? Who will attend school and extracurricular activities? These are also concerns that should be addressed in writing.
Keep in mind that child support and child custody are separate issues, legally speaking. Withholding support payments is not a valid response to denied visitation - nor is the reverse true. If your child's custodial parent is not honoring your rights as outlined in your parenting plan, your best option is to keep a record of these violations - for example, on a calendar. Then you will have something to refer to, and build your case upon, should the need arise for you to get a lawyer and take action in court.
Severe and/or repeated violations can often provide the grounds for a change in custody. Actions made by the custodial parent to alienate a child from the other parent, to interfere with visitation rights, or to take the child out of the state without the others consent can all lead to liability in court.
Noncustodial parent
A "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.
A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. Where the child will only live with one of the parents, sole physical custody is ordered, and the parent with whom the child lives is the custodial parent, the other parent is the non-custodial parent.
Note, however, where the child will live with both parents, joint physical custody is ordered, and both parent are custodial parents. In the case of joint physical custody a 50/50 equal shared parenting schedule is typically not required, therefore the joint custodial parent may have the minority of time with the child but not be said to be a non-custodial parent. For example, states such as Alabama, California, and Texas do not necessarily require joint custody orders to result in substantially equal parenting time, whereas states such as Arizona, Georgia, and Louisiana do require joint custody orders to result in substantially equal parenting time where feasible.
How to Secure Visitation Rights For Noncustodial Parents
As a noncustodial parent, you still have a right to see your children. If you have already gotten a custody order it will be easier to secure your visitation, as it will be spelled out in the order. Working with the custodial parent and coming to an arrangement that is easiest for the two of you to follow is important. The child's best interest should always be kept into consideration. Going back and forth between parents can be very hard to cope with.
Instructions
Follow any custody order you and the custodial parent have arranged. If you haven't gotten one of these, it may be wise to find a lawyer to help you come up with a plan that works for both you and the children's other parent. The custody order will give exact days and times that the child should be with each parent so there is no confusion. School holidays, including summer and long weekends, Christmas, Thanksgiving, and the child's birthday will all be listed within a custody order.
Be flexible arranging any time with the custodial parent. Some days the other parent may ask to keep the child during your normal visitation hours. If this is an occasional problem, you should consider overlooking it in case you need to reschedule at some point. Try and work with the other parent and always keep in mind what's best for your child.
Document every violation the other parent does. This can include keeping a calendar or notes about the times you lost with your child and your attempts to reschedule. This will help a lawyer see a pattern of behavior in the other parent and may help you change visitation in court. Usually, if the custodial parent consistently violates a custody order, visitation may be modified.
Ask for assistance in enforcing a custody order from the police if this is allowed in your state. However, keep in mind that having police officers show up at the door step of where your children are may have a negative impact. Sometimes simply telling the custodial parent that you're going to get the police involved will work.
Show up on time to pick up and drop off your children from your visitation hours. Try and have a normal routine so your child adjusts well. Have your kids clean and fed when dropping them off to the custodial parent. Knowing that the children are well cared for and safe can make it easier for you to obtain more visitation time with your children.
Visitation Rights with Non-Custodial Parents & Anxiety in Children
As the divorce rate in the United States continues to rest at levels over 50 percent, many adults are struggling to balance the visitation right that are established by state law and by the divorce decree. If you are part of a divorce settlement, and you are the non-custodial parent, it is important to understand how structure and balance are important to the wellbeing of your children. When non-compliant with child visitation, your children may suffer from both physical and mental health complications.
To be healthy, mentally, children require structure and balance in their lives. Divorce can cause profound imbalance in a child's life and, as a result, it is the parent's responsibility to find a way to ease the imbalance as much as possible. For many parents, the state law in which the divorce and child custody was finalized will provide an outline as to what visitation is expected from each parent. For non-custodial parents it may be far easier to become non-compliant with the visitation orders but it is this visitation that may lead to complications in children.
Under the terms of your child visitation order, days and hours of visitation with your children are established. For most children, the terms of the visitation are explained so as to provide some ease of mind and to give structure. When, however, a non-custodial parent does not show up for the assigned visitation, or if the non-custodial parent simply fails to return the child home at the established time, this can lead to profound anxiety and distress. For children under this type of stress, there can be an onset of physical health complications, poor behavior at home, and your children may begin to suffer academically.
Stress and anxiety is often brought about by a child's lack of understanding in why a parent becomes non-compliant in visitation and the child, inadvertently, will begin to blame themselves for the lack of attention or structure. As the non-custodial parent, you may impose greater mental distress on your child by failing to comply with visitation. If, therefore, you are unable to comply with visitation, consider retaining an attorney to modify your visitation schedule so as to return a balance to your child's life. If your own home and work schedule impose a complication, then make necessary changes to improve your child's wellbeing in the long-term.
In many families, custodial parents often find it necessary to modify the visitation of a non-compliant, non-custodial parent. While the non-custodial parent may find this to be a personal attack, it most cases it is simply a measure taken to restore balance and structure to a child's life. If you are a non-custodial parent, consider making the necessary adjustments to your own life to ensure that you are given every opportunity to improve and balance the wellbeing of your children's lives.
Child Custody and Visitation
There are two kinds child custody: legal custody and physical custody. Physical custody, designates where the child will live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Often one parent will retain physical custody, while sharing joint legal custody with the other parent. The noncustodial parent is typically required to pay child support, and visitation is arranged.
The noncustodial parent might live in the same city as their child or reside in another city, state or country. Most airlines offer “unaccompanied minor” services for children traveling without a parent, guardian, or another trusted adult. The age requirements generally used by the airlines are between the ages of five and eleven years old (and sometimes up to 15 - it is always advisable to contact the airline to make sure that they accept unaccompanied minors as passengers). Fees charged for unaccompanied minor services are usually assessed per direction and have been doubled with the downturn of the US economy.
Family Educational Rights and Privacy Act (FERPA)
Family law differs from state to state, and noncustodial parents are a diverse population, with many factors affecting custody arrangements, from which parent is awarded custody to negotiating visitation schedules. A noncustodial may have difficulty in accessing medical records, educational status and other information regarding their child, but there is some federal legislation which supports the rights of a noncustodial parent who retains legal custody of their child.
Student education records are official and confidential documents protected by one of the nation's strongest privacy protection laws, the Family Educational Rights and Privacy Act (FERPA 2. FERPA, also known as the Buckley Amendment, defines education records as all records that schools or education agencies maintain about students. FERPA gives parents the right to review and confirm the accuracy of education records and applies to public schools and state or local education agencies that receive Federal education funds, both paper and computerized records. In addition to the Federal laws that restrict disclosure of information from student records, most states also have privacy protection laws that reinforce FERPA. State laws can supplement FERPA, but compliance with FERPA is necessary if schools are to continue to be eligible to receive Federal education funds.
FERPA gives both parents, custodial and noncustodial, equal access to student information unless the school has evidence of a court order or state law revoking these rights. When students reach the age of 18, or when they become students at postsecondary education institutions, they become "eligible students" and rights under FERPA transfer to them. However, parents retain access to student records of children who are their dependents for tax purposes.
In the case of divorce or separation, a school district must provide access to both natural parents, custodial and non-custodial, unless there is a legally binding document that specifically removes that parent's FERPA rights. In this context, a legally binding document is a court order or other legal paper that prohibits access to education record, or removes the parent's rights to have knowledge about his or her child's education.
Custody or other residential arrangements for a child do not, by themselves, affect the FERPA rights of the child's parents. One can best understand the FERPA position on parents' rights by separating the concept of custody from the concept of rights that FERPA gives parents. Custody, as a legal concept, establishes where a child will live, and often, the duties of the person(s) with whom the child lives. The FERPA, on the other hand, simply establishes the parents' right of access to and control of education record related to the child.
Generally, a school is not required to provide parents copies of records. However, if the distance is great enough to make it impractical for the parent to visit the school to review the record, the school must make copies of the record and send them to the parent when that parent requests access to the record. Additional frequently asked questions about the rights of non-custodial parents can be found.
If the custodial parent wants to drop the child support is she able to and if so what does she have to do?
No she cannot drop child support. But she can go and get a prosage package. That reduces the amount of money he has to pay for child support. If you don't want him to pay child support at all then why doesn’t he pay it and you give it back to him yourself the next time you guys see each other.
Yes, in Michigan a mother or father can stop child support payments that are owed to them, but not what is owed to the state. The simple truth the parent would have to go to the FOC office and fill out a form or just write out on paper. The father should be aware that the referee or judge will try to convince the mother not to do so.
Parents Get Back Together
If the parents got back together, there would be no reason for one parent to continue to receive child support payments. In that case, the parent who initiated the child support order should return to family court and explain his or her desire to stop receiving child support payments.
Mother is No Longer Receiving Public Assistance
If a mother is receiving government aid, she can't stop a government agency from collecting child support payments. However, if a mother is no longer receiving public assistance, theoretically, she can stop child support payments, providing that the public welfare firm has been reimbursed all of their payments.
Process for Stopping Child Support Payments
If a parent has a lawful reason for stopping child support payments, he or she should:
A judge or child support referee may attempt to convince a parent not to stop child support payments, so a parent should be prepared to defend his or her reasons for wishing to stop child support payments.
Alternatives to Stopping Child Support Payments
Child support payments can continue to be deducted from the non-custodial parents pay, and if the custodial parent prefers to no longer receive the child support payments, the custodial parent can return the funds to the non-custodial parent.
If your baby's mother is receiving any assistance threw the state no you cannot stop the support of child care..reasons being. Would be due, to the county laws, because the state is or has paid for the birth and care of your child& it's mother, and ongoing health care through the state.
And if she receives WIC, or food stamps, full health coverage and cash to supplement her income or is the only income she may have. I’m sorry to tell u, but the state wants there money, and she can say she wants u to not pay support. But the state will not.
And to not pay any child support you would have to give up all of your legal rights to your child as been his or her father and the mother would have to agree. then u would go before a judge stating what i just said and he would tell u ur rights as a parent and r u sure u want to do that?!?!?! What’s done cannot be erased. You will not be able to have any contact with your blood related child until he or she turns 18. Say you do this. You cannot be caught with your child, because if you do, you will go to jail and the order of no contact has been broken. Now both parents are in serious trouble, which could have a serious impact on your child and any other children she may have to be come wards of the state.
Note: family court has no interest in "the best interest of the child". Stop being naive. The last thing family court is concerned with is "best interest of the child". Get that ridiculous concept out of your heads.
The Meaning of Being a Dad
The Seven Keys of Being a Father
Yes, the father must support his child even if he was never married to the child's mother. If the father does not admit he is the child's parent, fatherhood can also be proven with paternity tests.
When a mother is not married, it may not be clear who the father is. In some states, agreeing to be the legal father may not be broken later even if paternity tests later show that the man is not the father. If you are being asked to be the legal father of a child and you are not sure the child is yours, check your state laws first.
No, a man may become the legal father without marrying the mother if he welcomes the child into his home and openly holds the child out as his own. In some states this will also create a legal duty that cannot be broken by paternity tests showing that the man is not the father.
Yes, the obligation to pay child support does not depend on marriage or a court order. A father owes a duty to provide for his children.
Trouble often arises in this area when a mother seeks public assistance. The welfare department will sooner or later discover who the legal or biological father is and pursue the father for reimbursement based on his support obligation. It could take years for this to develop, so a man may be accumulating thousands of dollars of back support without knowing it.
No, unless a stepfather legally adopts the children or is actually the father, a man will not be obligated to provide support for his stepchildren.
This is a very complicated issue in the law, particularly with a mother who is not sure about the father of her children and desperate for support. Consult a family law attorney to understand your rights and answer any questions you have.
In most states, if a person is named as the father on a child’s birth certificate, he is the legal father for all purposes. The presumption of paternity in this situation is very strong, and if the man named on the birth certificate wishes to assert his father’s rights and challenge his legal status to the child, he should do so as soon as possible.
There have been cases in which DNA testing conclusively proved that the man named as the father on a birth certificate was not, in fact, the biological father of the child, yet a court still imposed all of the attendant legal obligations, such as the duty to pay child support.
In many states, there is a short statute of limitations for challenging paternity. If the man named as father on the birth certificate wishes to challenge this legal status, he usually has 2 years or less from the birth of the child to do so.
If a person fails to challenge paternity within this period, he can lose all rights to do so at a later date. This is especially true if he acts as the child’s father in the meantime (living with the mother and child, helping to raise the child, etc.). In situations such as this, some courts have refused to even consider DNA evidence, on the grounds that a successful paternity challenge would not be in the best interests of the child.
Avoiding this situation is sometimes difficult, from an emotional and practical standpoint. If someone suspects that he is not the father of a child, the best way for him to avoid this is to refuse to put his name on the birth certificate, and to insist on a paternity test. Of course, this could strain whatever relationship exists with the mother, as it implies a suspicion that she has been unfaithful. Still, it is one of the most effective ways to avoid being the legal father of someone else’s child.
If you need to know what rights a father has if he is named on a birth certificate, you may wish to consult with a family law attorney. Your lawyer can advise you on the various rights associated with being a legal father. A lawyer can also represent you in court during paternity hearings and other related processes.
If a court has awarded visitation rights to the non-custodial parent, you must honor that even if they are not paying child support regularly, on time, or at all. Child support payment and visitation are two separate issues. Refusing visitation to a non-paying parent may jeopardize your custody rights. There are legitimate ways to enforce a child support order, and although this may be a terribly frustrating situation, withholding visitation is not a good idea.
In some situations, a parent who is not paying child support regularly or at all may still be able to get a court to modify who has custody of the child based on the withholding of visitation. A non-custodial parent may convince a court that the custodial parent is frustrating the other parent's right to see the child.
If you are involved in a situation involving child custody or child support, it may be wise to talk to a family lawyer to discuss the best strategy to protect yourself and your children. Consulting with an experienced family lawyer can help you understand your rights and help you deal with the complicated court system.
Child support orders can be modified any time there is a significant change in circumstances. The change in circumstances could either be for the parent who is paying child support or for the receiving child.
Significant changes in the paying parent’s circumstances may include:
You may not need to go to court to change a child support order, as long as the payment rate and schedule can be modified by the two parents. If the two parents decide to do so outside of the courts, they must follow the same formula for child support that the courts do and should put the new agreement into writing. If the two parents cannot agree on a new arrangement, they must bring the issue to a court hearing.
Either parent can have child support modified as often as necessary until the child is no longer dependent on the parents. Child independence varies from state to state, but common age of independence is when the child reaches adulthood at age eighteen or when the child graduates from college.
If you are seeking to modify a child support order, it may be wise to speak with a family lawyer to discuss your options, especially if you are planning to go to court. Consulting with an experienced family lawyer can help you understand your rights and help you deal with the complicated court system.
When adults have children, they become legally obligated to financially support them until the age of majority, which are usually 18. Therefore, divorced parents with children under age 18 will almost always owe some amount of child support. States, like California for instance, may provide a government website with a Child Support Calculator. Alternatively, a parent can go in person to the local courthouse to get free help from a “family law facilitator” regarding the factors used in determining child support amounts.
The calculation of child support depends on numerous factors. Perhaps the most important is how much money the parents earn. Both parents’ incomes are taken into consideration. Also, the amount a parent is able to earn is considered – that is, if a doctor in his 40s is lying on the beach all day instead of working, she or he may still owe child support even with no income. A related factor is how much other income each parent receives. For example, parents may earn interest or other investment income.
The next set of factors concerns the family structure – that is, how many children are involved. Obviously, more kids mean more money (a truism every parent can attest to). There is the factor of how much time each parent spends with their children – in this case, more time spent with kids usually means less money owed to the other parent for child support.
The tax filing status of each parent is important, for reasons beyond the scope of this article. Other factors include: support of children from other relationships, health insurance expenses, union dues, retirement contributions, daycare, uninsured health-care costs, traveling to visit kids, and school expenses.
This list is not exhaustive. Family law courts are designated “courts of equity,” which means they can and do take into consideration all relevant facts and circumstances in determining the most just and fair outcome of the case. They are charged primarily with looking out for the best interests of the child.
Biological and adoptive parents can only stop child support if:
Child support is officially terminated once a motion has been made and approved by a court. These conditions are very clear so usually the proceedings move very quickly, unlike child support modification.
No, ending child support without a court's approval is very dangerous and could lead to a great deal of trouble with your ex-spouse, courts, and possibly even the police. If you think your child support amount is unfair, consult a family attorney about modifying your support agreement.
For example, it may be possible to lower child support payments if the court approves of it. A court may allow the paying party to reduce child support payments, but only after considering all the different factors and only if it still serves the child’s best interests.
No, child support and child custody or visitation is two separate issues. Holding child support payments back because you are being denied visitation rights is another very dangerous move.
The steps to terminate child support are often complicated and time consuming. An experienced family law attorney can evaluate your situation and help you determine whether you are able to end child support. If you are able to stop child support, a lawyer will help you file all the required court documents and make sure your interests are protected.
If you file for bankruptcy, you CANNOT discharge past due child support payments as a debt. Filing for bankruptcy does stop collection on debts for the short term, but you will eventually have to pay them.
Debts for family support and child support have very high priority over other kinds of debts. If it cannot be paid immediately, the amount owed will not disappear. It will have to be paid back as soon as possible. Additionally, if the bankrupt parent has property that is exempt from creditors, it can still be seized and used to pay off back child support.
If you file for bankruptcy, it is very unlikely that you will be able to have your child support payments modified. Modifications in child support payments are allowed, but only if there has been a substantial change in circumstances that would warrant a reduction. It is unlikely that a court would consider bankruptcy a significant change in a parent’s circumstance so long as the parent still has a job.
If you or the other parent of your child is planning to file for bankruptcy, you should consider consulting a bankruptcy lawyer. Consulting with an experienced bankruptcy lawyer will help you understand your rights and help you deal with the complicated court system.
Irresponsible Custodial Parents
This is a difficult situation because generally the custodial parent has the right to spend child support money in the best interests of the child as he or she sees fit. But if the custodial parent does not spend the child support money in a way that benefits the child, he or she could be charged with neglect or child abuse.
Can I Have the Amount of Child Support or Custody Order Changed if the Custodial Parent is Irresponsible with Child Support Money?
It may be possible to have custody orders or child support payments modified because of a custodial parent’s irresponsibility. But this is probably an exception more than a rule, and may be required to follow an abuse or neglect charge against the custodial parent.
Do I Need a Lawyer to Handle My Child Support Issue?
If you are making child support payments and do not feel as though the custodial parent is adequately spending the money in the child’s best interests, it would be wise for you to speak with a family lawyer to discuss any options that may be open to you. Working with an experienced family lawyer can help you understand your rights and help ensure that your interests are protected.
Child Support Enforcement: Federal Parent Locator Service
What is the Child Support Enforcement Program?
The Child Support Enforcement Program was designed as a partnership between federal, state and local agencies. These groups share information through the program to help enforce child support orders that are not being paid fully or at all.
What is the Federal Parent Locator Service (FPLS)?
The Federal Parent Locator Service (FPLS) is a nationwide computer system that:
Locates and tracks non-custodial parents who owe child support
Locates and tracks custodial and non-custodial parents for the enforcement of child support, visitation and custody orders
Tracks support orders involving the same parties in different states
How Does FPLS Work?
The FPLS works through the use of two databases:
The Federal Case Registry: a national database that keeps information on child support orders from 1998 forward
The National Directory of New Hires: a national database that keeps information on employment and unemployment from 1997 forward
Who Can Use FPLS?
The Federal Parent Locator Service can usually only be used by state agencies and courts that seek to regulate and enforce child support, visitation and custody. Private individuals cannot use the system directly, but must make requests through either their state agency or court.
Do I Need a Lawyer to Use These Programs?
If you are seeking to establish or enforce child support, it may be wise to speak with an experienced family lawyer. Consulting with a family lawyer can help you understand your options and help you deal with the complicated legal system.
