If a couple has never been married, had one child and the noncustodial parent is behind $14000 in c- support.?

Question

If the non-custodial parent has made payments off and on. Does he still have his parental rights? And if the child is a teenager and wants to live with the non-custodial parent. Will I then be responsible to pay child support. I am married, but things are not great, my husband and son butt heads alot. And I don't want my son to have to live this way, especially if I'm not prepared to leave the marriage at this time. We live in the state of Arkansas I don't know if the laws are any differt.

Any advice would be greatly appreciated!!

Answer 1

This is a very hadr question to answer because of the nature of the case. Family law matters are left to judges discretion more than other areas of the law. This is because family matters were, at common law, decided by churches not kings. As a result the individual judge will have a greater impact on the disposition of the matter than he (she) would on a criminal or contractual matter. Still there are some concepts that the judge must follow. Parental rights cannot be terminated because someone is behind on child support unless the non-custodial parent lack of payment is neglectful or abusive. That is a very high standard. I don't think I've ever seen a termination based on lack of payment when the party to be terminated has opposed the terminationand claimed they could not afford the payments. Even harder to imagine is a situation where a person is paying "on and off" and they have their rights terminated without their knowledge. To terminate parental rights a person must be served with a suit. The suit is brought by the State, like a criminal case and the standard of proof of guilt is not the same as in civil matters, its much higher. So, I doubt that the non-custodial parents rights have been terminated. Next you ask about changing custodty. A teenager is allowed to state a preference and that statement must be taken into evidence but the judge assigns the weight of that evidence. Some judges give a lot of weight to the minors preference and some alomst ignore it. Some vary their approach based on other factors. So I can't answer your question about the change without a lot more knowledge about your judge. Next you explain about your situation with your spouse but you never indicate if you are the non-custodial or custodial parent and so I don't know if your husband's child is considering moving to his non-custodial mother's house or if you have a child that is living with his (or her) father and is considering moving into your house. You might consider re-writing your question. NOW LISTEN -- what I've told you is not intended to be advise. It is just an overview of American Family Law. It is in no way even close to proper legal advise. You need to have a lawyer licenced in Arkansas guide you through this matter. I am not licenced in Arkansas so don't make decisions based on what I've told you.

Answer 2

In many states, when support is awarded, it is considered to be due when it is due.. i.e. first of the month, etc. If it is not paid, it doesn't go away... ever. Bankruptcy will NOT erase a child support figure or arrearage. The fact that the child goes to live with the non-custodial parent *generally* will not affect the requirement to pay BACK child support.. i.e. support which happened before the change of custody.

In *some* states, you must also timely file a petition with the court to formally change custody, or the obligation will continue. In many states, the courts can backdate the obligation from the date of the filing of the petition to change custoday and/or change the amount of child support. However, I have never seen a case where a court decided to eliminate a past due amount of child support, and have in fact, seen many cases where the courts have held that they do not have jurisdiction to do so.

NOTE: Like the person above, this is a very general overview of child support law and obligations. You need to consult an attorney in Arkansas, (which I am not) for a complete analysis of your situation. If you don't know an attorney, you can contact your local or state bar association for a referral.

Answer 3

help and visitation/custody are seperate subjects, in case you withold visitation because of the fact the different be sure is in the back of, then you definately are in violation of the regulation. That small of an quantity isn't even going to get a sniff from newborn help enforcement, existence occurs, everyone knows that, happy you're actually not my young ones' mom. you may desire to feel embarrassment approximately your self.

Answer 4

You will be court ordered to pay him child support if he gets custody.