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Sam, Attorney at Law
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my son is 18, he has a daughter and is required to pay child

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my son is 18, he has a daughter and is required to pay child support he filled out all the required paperwork and sent it in stating that he has no income and is still in school. they are still requiring him to pay a monthly child support of 260$ which he does not have. Also the mother of his daughter moved out of state with his daughter and know he has no way to see her and is he still required to pay even when he can not see his daughter?

Submitted: 12 months ago.
Category: Legal
Expert:  Sam replied 12 months ago.

Hi

Yes, the $260 is the minimum amount that can be ordered. And while your son is still in school the Court will not just give him a "pass" on his financial obligations to his child, unfortunately. So what will happen is the money owed will accumulate and then when he does get a job, after finishing school, his pay may be garnished.

As to the child visitations, they are separate and apart proceedings from the child support. If your son would like to have visits, then I suggest he go to the court in his county and get the forms from the Clerk to file for visits. He can do that on his own. And the Mother would have to provide the child based on those court ordered visits to your son.

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Thank you

Customer: replied 12 months ago.

Is it even legal for her to take the child out of state to live without his permission?

Expert:  Sam replied 12 months ago.

Hi

If there is no court order of visits or custody, then yes. She can. But if you get the Court Order visits or custody she will be ordered to bring the child back as per the visitation order.

But without a Court Order whichever parent has possession has control.

Please note if you have other questions use the REPLY to EXPERT to Continue the Conversation . Otherwise, please give a positive rating. This will NOT close your question and it will be available for future follow up

Thank you

Customer: replied 12 months ago.

If I understand it right then if he request her to bring his daughter to him so he can spend time with her and she refuses then a court order would be required. Is it then her responsibility to bring the child here because she moved out of state?

Expert:  Sam replied 12 months ago.

Hi

Yes. A court order is necessary. It may be her responsibility. IT all depends on how the court rules. Generally, that is what would happen. She would be responsible for traveling costs.

Please note if you have other questions use the REPLY to EXPERT to Continue the Conversation . Otherwise, please give a positive rating. This will NOT close your question and it will be available for future follow up

Thank you

Sam, Attorney at Law
Category: Legal
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Experience: 20 years practicing law
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