Child Support question PLEASE HELP!?

Question

I have a friend in Buffalo New York. Her husband abandoned her and the children and moved out of state. She does know where he is located because he keeps in touch with the kids. Even though the divorce is not initiated, can she still fight him for child support because he is not living in the household?

Answer 1

ABSOLUTELY she can... and thats ABANDONMENT.

child support always comes first. the court wants to make sure the children are taken care of right away. the divorce can wait for years for all they care, just as long as the child(ren) are taken care of.

they dont care if you never get a divorce.

when she does, make sure she has her attorney put in that the father pay a % (at least half) of college expenses, and child support continues while the child attends college/trade school (most states do this today. also, that he carry and provide proof monthly of a life insurance policy on himself with the children getting it in the event he dies. also, that they take turns claiming the child (a civil thing to do if she wants). also make sure its in her divorce that he pay all medical expenses not covered by insurance (he pays 70%, her 30%, etc) for the children.

she needs to call her county court house and ask where/how to file for child support. they will walk her through what she needs to do.

she also need to get a court order for custody, because without one, he can snatch the kids and keep them.. and there isnt squat she can do about it unless Custody is established (a court order).

since he abandoned the family, she should get FULL/SOLE custody of all children; meaning he has no rights but visitation... check your state for the definition of full / sole custody.

at this point, she MUST get custody (or emergency temporary custody, since he abandoned them all; his family).

i would get an attorney (or go to your local Legal Aid-link is below) for custody and the divorce. tell her to tell them he abandoned them.

if they cant help her, she needs to call the court house and ask what papers to fill out to request emergency custody.

also tell her to get "SET VISITATION"; set days and times for him to see the children. "OPEN visitation" is a dam nightmare, its where he can drop by any time... day or night.. and demand to see the children.

btw, today, its a federal offense to run across state lines to avoid child support... also, GONE are the days of hiding til the children are 18, arrears are FOREVER.

here are the links she will need; save them...! tell her to learn her states laws; LEARN THEM ALL.

just click on your state, and fill it in (child support calc). that will give a general idea what will be ordered (not including daycare, medical insurance costs, etc).

CHILD SUPPORT CALCULATOR
http://www.alllaw.com/calculators/childsupport/

ABANDONMENT (NO SHOW PARENTS)
http://www.alllaw.com/articles/family/

NOT ALL PARENTS LOVE THEIR CHILDREN
And "RATIONAL LIES"
http://www.alllaw.com/articles/family/child_custody/article7.asp

FREE LEGAL HELP IN YOUR STATE
(just click on your state to find contact info)
http://www.lawhelp.org/

LAWS
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://family.findlaw.com/child-support/unpaid-support/support-orders-enforcement.html
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

FINDING DEADBEATS
(and background cks to find them)
http://www.usarecordssearch.com/
http://deadbeatsnitch.com/
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&
http://omnitrace.com/Missing-Persons-Search.html?OVRAW=deadbeat&OVKEY=deadbeat&OVMTC=standard
http://www.discreetdata.com/index.html
http://www.identitycrawler.net/people_search.html
http://www.peoplefinders.com
http://zabasearch.com/
http://www.crimcheck.com/personalreports.htm
http://www.easybackgroundchecks.com/
http://www.abika.com/
http://www.freeprf.com/
http://www.efindoutthetruth.com/
http://www.netsleuth.com/
http://netonlineinvestigators.com/index.asp
http://www.backgroundcheckgateway.com/
http://www.backgroundcheckgateway.com/locate-people.html


FED AGENCIES
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://www.naag.org/issues/issue-consumer.php

REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

SSI AND CHILD SUPPORT
http://www.ssa.gov/policy/docs/policybriefs/pb2004-02.html
http://www.ssa.gov/notices/supplemental-security-income/
http://family.findlaw.com/

FIND YOUR REPS
http://www.usa.gov/
http://www.usa.gov/Agencies/State_and_Territories.shtml
http://www.nga.org
http://www.naag.org/attorneys_general.php
http://judiciary.senate.gov/

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/

COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html

http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.irs.gov/publications/p504/ar02.html#d0e563
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

REPORT DEADBEATS
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

Answer 2

Divorce has very little to do with child support She can go after him and she doesn't have to leave New York to do so she should get an attorney and then the Father of the children will have to answer to the state of New York not where he resides.

Answer 3

First thing she needs to do is get a good lawyer and go after him for child support even though they are not officially divorced yet as he has abandoned her and is not being there for the kids anymore. Yes i feel she can still go after him for child support. She also needs to file for divorce on the grounds of abandonment and get alimony as well.Good luck to your friend and I sure hope she can get what she needs to help take care of these kids now that she is forced to be a single mom. My heart goes out to her and here comes lots of hugs her way.

Answer 4

Being separated or deserted is the reason she needs support--he is no longer in the home supporting. Each state has a child support enforcement agency..their services are free or cost very little. Have your friend contact the local child support agency and start an action to seek support. With him being in another state, she will need their services even more. The sooner she applies the sooner she will get something.

Answer 5

Yes she can. They will issue a temporary judgement for the child support until the divorce is final and everything can be determined. Tell her to go and see a County Attorney. She may qualify for their assistance at no cost to her and they will get the ball rolling and she could be seeing a check in as little as a month. Of course, I guess every state could be different, but she could still go and talk to a county attorney. Good Luck to her.

Answer 6

Of course this man owes child support! Your friends needs to get a lawyer and sue him for support. She may be entitled to spousal support, too. You can file for support even before the divorce in many states. Tell her to go see what her rights are in New York. She needs a lawyer.

Answer 7

Yes she can if he is not contributing to the household n is no longer living with them she can put in a order for child support and divorce if she wants or a legal separation.

Answer 8

Absoluttely. He has left and that constitutes abandonment of the home and the family. She needs to get a lawyer and file for a legal separation based on his abandonment. The court will order him to pay child support, but then the trick is getting him to pay it.

Answer 9

She can file for child support anytime. She doesn't have to be in the midsts of a divorce to do so, although I do suggest that she does file for divorce...she has the best grounds to do so...abandonment. Hopefully she also knows his social security number, since she knows where he is. This way if he doesn't want to pay they can take it directly from his paycheck if he is working.

Answer 10

She can go to her local child support enforcement office. In alot of cities they are located in or by the human resource offices. This is where I went to start mine.

Answer 11

tell her to talk to a lawyer for advice ,call the child support office,