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The parents should return to court to change custody and terminate support. The court may order the mother to pay support and might credit her for the father's arrearage.

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Q: What if your 17 year old son wants to live with his father and his father is arrears with child support Will you now need to pay child support or will he receive credit?
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I jsut want to know if I can still receive child support arrears from the father's surviving social security benefits. he passed away and I am unsure. My child is away in college ?

Yes, the passing away of your father doesn't affect your child support so you will continue to receive it.


Can you still go after the father for back pay child support if your child is moved out?

Yes. Arrears associated with court ordered child support can be pursued.Yes. Arrears associated with court ordered child support can be pursued.Yes. Arrears associated with court ordered child support can be pursued.Yes. Arrears associated with court ordered child support can be pursued.


May the father of the child waive child support arrears if they both have joint custody but father has physical custody and mother has child for summer and holidays?

No. If there's a court order against the father, which resulted in any kind of arrears, the father is still responsible for it. Arrears are paid and there's no statute of limitations on it, as well as, any support and/or custody modifications.


If a father is lying about income to pay less child support will he have to pay retroactive child support or arrears?

No, but he can be fined and jailed.


What can you do if the father is behind on child support and wants to have it modified because child now resides with him?

You should return to court immediately and have the arrears documented. Court ordered arrears do not go away. Even if the child lives with the father he still owes any arrears that accrued while you had custody. He has the right to have the present child support modified but you have the right to collect the arrears. You should also have a visitation schedule. Be aware that the court may issue a child support order against you since the child is now living with the father.You should return to court immediately and have the arrears documented. Court ordered arrears do not go away. Even if the child lives with the father he still owes any arrears that accrued while you had custody. He has the right to have the present child support modified but you have the right to collect the arrears. You should also have a visitation schedule. Be aware that the court may issue a child support order against you since the child is now living with the father.You should return to court immediately and have the arrears documented. Court ordered arrears do not go away. Even if the child lives with the father he still owes any arrears that accrued while you had custody. He has the right to have the present child support modified but you have the right to collect the arrears. You should also have a visitation schedule. Be aware that the court may issue a child support order against you since the child is now living with the father.You should return to court immediately and have the arrears documented. Court ordered arrears do not go away. Even if the child lives with the father he still owes any arrears that accrued while you had custody. He has the right to have the present child support modified but you have the right to collect the arrears. You should also have a visitation schedule. Be aware that the court may issue a child support order against you since the child is now living with the father.


Does the father still have to pay back child support owed to the state if he remarries the mother of the children and is currently supporting them and repaying the back child support?

Child support arrears do not go away. If the state supported his child for a period of time then he must pay the arrears.


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.


In the state of MD if you have child support awarded and now the father has decided he wants all rights terminated to the children is he still held liable for the child support?

Not for continuing support, only for arrears.


Will the mother of the child receive back pay when the father pays it?

If you're in the US, any past due child support is due to and paid to the custodial parent unless the custodial parent is receiving benefits. In some cases the arrears are owed to the state.


How can a mother push back back child support so the father will not have arrears pending on him?

Do not do it. The arrears need to be paid and no amount of giving way will ensure that the father will change his habits in the future. Let him take care of the current problem on his own. He is an adult and your child comes first.


If a father gives his rights up does he pay back support?

Any arrears are still owed, but he can't anyway. see links below


My children's father doesn't want to pay child support or be in their lives. I am remarried. Can I request he give up parental rights and still receive back child support he owes?

Yes. You should make certain the arrears have been verified by the court. You should consult with an attorney who specializes in custody issues to help you negotiate with your children's father to give up his parental rights.