Child Support Rules and Regulations???

Nikki - posted on 06/13/2011

Hey Stepheanie, your child's father "owes" you child support even if you live on the moon. Period. It is the law and you can get the ball rolling where you live now and when you move the state you move from will transfer your records. I live in Ms. and filed through DHS for child support and the father lives in Texas and it's called a "interstate" case. My son's father has never had contact with our son ince he was a baby. we are still married as I could not afford a retainer fee for a divorce as all my funds go to raising our son. If your child's father continues to not see the child then I could not see any judge ruling in his favor as far as him receiving "custody" etc. You are safe, The judge looks at the record of visitation, child support or lack there of in cases such as these. I am sorry for you and your child he ignores his child but I understand 100% as does my almost five year old son. It's painful for the child and it will always hurt them so I suggest counseling for your child once he is old enough and as for you , the choice is yours to move anywhere you desire . Sadly it seems you will be raising your son alone as I have . In fact , I returned to school and earned my license to nurse and I begin phlebotomy class in a few weeks then lab class and once I am done I am moving to another state as well :) I wish you all the best and God bless you and your son :) Nikki

Busisiwe - posted on 03/09/2009

dont d anything without consulting your lawyer.  he may not be involved in your childs life right now but you never know when he wants to creep back in or to try and sbbotage your plans once you have moved on with your life.  make sure you are always covered legally - always!

Patrice - posted on 03/08/2009

I had child support set up in Texas and I moved to california You should be fine. BUT there are a few things. Each state is different what you may get in one they may not give you in another. for example, texas just goes off of 20% of what the father gross is and that's it. But California goes off of what the father makes and you can get assistance with childcare if needed. What I did was once everything was final I got direct deposit in Texas and I keep that account open won't close it because that is where my son's child support goes every month. I would suggest to go ahead get it started and get direct deposit that way your not waiting on a check. Hope this helped a lil

Heather - posted on 03/06/2009

where ever the court order and child support is enforced is where that will stay but youcan move where ever you want. the child support is sent in by the father and then it is sent on to you where ever you might be and or directly deposited

Anessa - posted on 03/05/2009

The child support order has to be filed in the state the child was born but you can move anywhere you want. Since the father has not seen or acknowledge the child you can move anywhere, he will need to sign a recognition of parentage or be adjudicated by the courts. In many states the child support order is separate from visitation unless you were married.

Alicia - posted on 03/05/2009

As far as the laws in my state go if there is no custody ordered then noone legally has full custody. It doesn't matter if you move with the child or he moves with the child it will not be considered kidnapping. I know because I talked to my lawyer who informed me not to let the father take my son anywhere for that reason. I am pretty sure through the child support division they just issue child support; no custody. If the dad has a problem with you moving then he will have to take you to court and get some kind of custody and it will have to be ordered that you can only live so many miles away, otherwise you can go wherever you want. I don't know what state you are in so it may be different, but I am sure that anywhere you live it has to go through court.

Alicia - posted on 03/05/2009

As far as the laws in my state go if there is no custody ordered then noone legally has full custody. It doesn't matter if you move with the child or he moves with the child it will not be considered kidnapping. I know because I talked to my lawyer who informed me not to let the father take my son anywhere for that reason. I am pretty sure through the child support division they just issue child support; no custody. If the dad has a problem with you moving then he will have to take you to court and get some kind of custody and it will have to be ordered that you can only live so many miles away, otherwise you can go wherever you want. I don't know what state you are in so it may be different, but I am sure that anywhere you live it has to go through court.

Kirsten - posted on 03/05/2009

Stepheanie,

So how did you come with all this??? Let all of us know. Like I said I don't know what state you live in, but here in Minnesota, you just have to file with the county you live in for child support. Also in Minnesota, I have been able to go online for state laws and statutes to find out the rights of a father. I am assuming that you HAVE NOT been married to this person, which is in your favor for custody.  Especially if you have met the requirements as the main care giver, that will really be a factor in your favor if and when you go to court. If you are truely unsure, you can consult an attorney....make sure the first consultation is free. From what I have experienced, you shouldn't have to pay anything until the attorney is actually retained. From what you have said and what I know in my state, you should be fine. Good luck to you!!!

Stepheanie - posted on 03/04/2009

Thank you all so much for you advice and help!!!  I appreciate it all!!

Victoria - posted on 03/04/2009

I agree with the calling your states Child Support Enforcement. If I would have known that they can do a lot without an attorney, I wouldn't have the $14,000 attorney's bill which doesn't include the $4000 that I paid up front and the amount I've paid down in the last few months. Good Luck!!!

Mandra - posted on 03/04/2009

hi Stepheanie, I have three year old triplets and left my ex husband when they were four months old. Its hard and I know that it can hurt for your child that his dad doesn't want anything to do with them.  sorry to hear your going through all of this; it is hard no matter the situation.

I really would just call a lawyer since you really need advice so you don't get in trouble. I can not imagine that he would want to be in your childs life. most men wont pay and he is the opposite.  considering you are both in different states, it shouldn't be a problem but I would at least call the city courthouse and check with their regualtions. I would try to get a bank that is maybe offered where you are moving. hopefully since they are most likely in the same network, that wont be a mess. I would start with the courthouse and they will answer your questions. Good luck and you ever want to vent, email me . mandra@live.com

Kirsten - posted on 03/03/2009

I guess I don't know where you live...You don't necesarrily need to hire an attorney. If you were not married, some states give you custody. YOU don't have to fight it, he does. If you are the primary care giver and do all the things you have to do for your child and it didn't have to do with a divorce you should be ok. Look up the laws in your state about single mothers if that is your case. Where I live, the mother has custody. The mother can take a child across state lines, but a father CAN NOT without the mothers permission.     

Natisha - posted on 03/03/2009

Ummm, you can move. But I'd be careful. The father can come back and say you kidnapped the baby.  You need to have the father sign over custody officially to you before you leave.   All you have to do is type up a simple letter that says that he doesn't want full custody ( or doesn't want custody at all) and then the both of you can go to a grocery store that has a notary in it and get the paer notartized. And if he won't  sign over custody, you can either consult a judge about it or u can try to get him to at least sign ( and notarize) a paper that says he allows you to take the baby out of the state.

Camary - posted on 03/03/2009

Child support have to be filed in the state u life in as for custody u have to make sure that u have complete custody get a legal document where it says that because he might get mad and when is time for u to moved he might tried to stop u just to get u mad and make ur life hell. Well is good that he live in adiffrent state. just check ur state website in the rules. As for custody u have the upper hand and due to he never sign his birth certificated they will due a dna test. I hope i help.

Sarah - posted on 03/03/2009

i live in canada so our rules might be different but a friend of mine was advised by a lawyer not to move to a different city without a seperation and/or custody agreement because it can be considered kid-napping.i would definatly check with a lawyer first then you'll be safe and know what you're aloud to do.

April - posted on 03/02/2009

I can relate to what you are going through. My daughter is now 13 yrs of age and her father has yet to see what she looks like in person. As far as the child support, go ahead and file, the order of protection has to go through the state he lives in. The state you file in will collect the support for you. The percentage of support depends on the state it's collected in (in my case). I hope this helps and good luck. May God continue to bless you and your son.

Tiffany - posted on 03/02/2009

I'm in the same boat has well. but i think once you get the child support ordered and you move it wouldn't matter because once it's ordered for him to pay he has to no matter what state your in. if he doesn't pay that's when you have the problem. you would probably have to go back to the state in which the child support was ordered in order to get him to pay. but yeah ask a lawyer first.you could also probably have the case transferred to the state that you are moving to as well.

Claret - posted on 03/02/2009

I'd check with the child enforcement office in your state. You can get lots of free advice there and file any paperwork you need to get the ball rolling w/o paying lawyer fees. They can garnish wages if it comes to that. It shouldn't cost you anything to get child support. It's your son's right.

Stepheanie - posted on 03/02/2009

Thank you so much for the advice!! It was very helpful!!

Jayme - posted on 02/27/2009

When a support order is made.....a court order is made for visitation ...there is a possibility that you will have to have permission from the father of your baby in order to move. If the father really wants nothing to do with your child then hopefully it wont matter that you move. 

Katherine - posted on 02/26/2009

You should be able to move no problem BUT you might want to check with a lawyer on it because they would know the specifics for your state. My sons father has never seen him and he is almost 2 months old and my daughters father hasnt seen her in over a year. There is a good possibility that we will be moving states this year to. Ive got to talk to my lawyer to make sure its totally fine but since I have full custody and placement and neither has seen them in awhile.