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How far back does support go in New York state if paternity is established at 16 and the mother knew all along and chose not to pursue support?
Wiki User
∙ 14y ago
Five years, but Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement opposes the program and many judges are refusing the awards be granted.
Wiki User
∙ 14y ago
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Does the father have to have visitation rights in order for the mother to get child support?
Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for a visitation schedule. If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.
Why is paternity important?
Once paternity has been established, the father may then choose to pursue custody of the child and/or visitation. In this instance, he will also be required to pay child support and can also request that he be granted joint legal custody so that he can have a say in how the child is raised. If granted, issues such as medical care, education and religion must now be decided jointly between the two parents. In addition, established paternity means that the mother cannot pursue adoption proceedings with a new husband without the biological father's consent. Should the father choose not to have any contact with the child, he can terminate his parental rights through the court.
If the mother and father were not married when they had a child does the mother get full custody of the child?
In all 50 US states the law presumes that an unmarried birth mother retains sole custodial rights to a child until the court rules otherwise. This applies to minors as well as to adults. Generally, if the parents are unmarried the mother has sole custody and control until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
If the mother of a child does not want child support can New York State Department of social services force her to go after the support?
If the mother is receiving any kind of assisstanse, yes, they will open child support case and pursue it.
Can a mother in Mexico obtain a child support order if the father lives in the United States?
Child support can be obtained by the mother once the child is born and she can obtain a confirmation of paternity through the courts. The International Institute for Reciprocal Family Assistance (IIRFA) acts to intercede on paternity and child support cases when parties are from the US and Mexico. In other words, the US has a reciprocity agreement with Mexico in family matters involving children. You can read their handbook at the related link.A determined mother can pursue the case with the help of member agencies that are required to assist in the collection of child support. Governments have recognized the need to help enforce child support and states are required to have agencies that will assist a mother in her position. She doesn't need to travel back and forth from Mexico to obtain support if you are the father of her child. It will be more difficult and take longer but eventually a child support order can be issued and enforced in the US.Child support can be obtained by the mother once the child is born and she can obtain a confirmation of paternity through the courts. The International Institute for Reciprocal Family Assistance (IIRFA) acts to intercede on paternity and child support cases when parties are from the US and Mexico. In other words, the US has a reciprocity agreement with Mexico in family matters involving children. You can read their handbook at the related link.A determined mother can pursue the case with the help of member agencies that are required to assist in the collection of child support. Governments have recognized the need to help enforce child support and states are required to have agencies that will assist a mother in her position. She doesn't need to travel back and forth from Mexico to obtain support if you are the father of her child. It will be more difficult and take longer but eventually a child support order can be issued and enforced in the US.Child support can be obtained by the mother once the child is born and she can obtain a confirmation of paternity through the courts. The International Institute for Reciprocal Family Assistance (IIRFA) acts to intercede on paternity and child support cases when parties are from the US and Mexico. In other words, the US has a reciprocity agreement with Mexico in family matters involving children. You can read their handbook at the related link.A determined mother can pursue the case with the help of member agencies that are required to assist in the collection of child support. Governments have recognized the need to help enforce child support and states are required to have agencies that will assist a mother in her position. She doesn't need to travel back and forth from Mexico to obtain support if you are the father of her child. It will be more difficult and take longer but eventually a child support order can be issued and enforced in the US.Child support can be obtained by the mother once the child is born and she can obtain a confirmation of paternity through the courts. The International Institute for Reciprocal Family Assistance (IIRFA) acts to intercede on paternity and child support cases when parties are from the US and Mexico. In other words, the US has a reciprocity agreement with Mexico in family matters involving children. You can read their handbook at the related link.A determined mother can pursue the case with the help of member agencies that are required to assist in the collection of child support. Governments have recognized the need to help enforce child support and states are required to have agencies that will assist a mother in her position. She doesn't need to travel back and forth from Mexico to obtain support if you are the father of her child. It will be more difficult and take longer but eventually a child support order can be issued and enforced in the US.
Can an unwed mother in the state of Ohio pursue visitation rights against the father?
Once the father's paternity has been established in court she has to be able to prove he is unfit or the court will allow him his rights. If she refuses even though there is a visitation order she would be in contempt of a court order and could eventually lose custody if she continues to interfere with his visits.
What are the custodial rights of unwed mothers in the state of Tennessee?
In all U.S. states the biological unwed mother is considered to have sole legal and physical custody of her child. If the biological father wishes to assert his parental rights he must first establish paternity to the child in question and petition the court for visitation privileges or custodial rights. If the mother wishes to pursue child support for the minor child she must show proof of paternity (signed birth certificate, or notarized affidavit for the father). It is the responsibility of the alledged father to prove he is or is not the biological father of the child, regarding custody, visitation and/or obligation of financial support.
Can the mother of your son go into court and tell them that the father has met his obligation of support so he state will not pursue back support?
If the Mother has received ANY State assistance, and the Father was NOT paying Child Support at any time...The State has every right to demand repayment.
Can custodial parent receiving public assistance stop child support and arrears?
No. If the state is supporting the mother and child the mother has no right to free the father from his responsibility to support his own children. The state will pursue him for child support.
Can the State of Missouri file charges against a 15-year-old male who impregnated a 13-year-old girl if the girl is receiving public aid for the child?
No, both are under the state's AOC. It is possible the state would take action against the male when he reaches the age of majority (18) to recover child support costs. For that to happen paternity would need to be established and DFS would need to file suit to recover any monies. When the minor reaches the age of majority the court could order him to begin paying child support if/when legal paternity has been established. The parents' of the minor male are not legally obligated to help support his child but the female minor's parents have the right to pursue civil litigation on their daughter's behalf.
Does a single father who was never married to the child's mother need to establish custody before he can petition the court for child support?
Parental custody rights must usually be established before child support can be addressed. Generally the parent with whom the child resides is the one that the court presumes is the custodial parent unless the parent who the child does not live with wishes to contest the matter. However, since no marriage existed between the parents, it will in this case be necessary for the father to file suit for custodial rights before he can pursue any other actions against the absentee mother. In addition, paternity must be established by the father to the satisfaction of the court according to the laws of the state in which the child was born, before the court will take the custodial matters and other issues pertaining to the child into consideration.
What if the mother tells someone else they are the father and he is not but signs birth certificate can the bio-father pursue custody?
First, the "real" father must establish paternity - until/unless the court rules otherwise, the guy who signed the BC is the father.
