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Child Support Related Questions

Is retrospective child support payable to children who are currently adults? Or, is child support payable for children who are failing in college? Child support is an important aspect to consider when couples with children choose to separate or divorce. Many times, parents or individuals are confused as to why and how child support is applicable and payable respectively, by them. Moreover, the terms and conditions for payment of child support can be flexible if there is an understanding between the partners. In either scenario, it can still be confusing and stressful, especially if the people concerned are not in good terms with one another. This is when asking verified legal Experts can give you the guidance you need.

Read below where Experts have answered a few questions about child support.

In Missouri, is a parent responsible to continue paying child support for 21 and 19-year-old children attending college?

Case Details: The children have failed in all their college classes and none of the grades and transcripts were submitted by the parent receiving this benefit. This is in the state of Missouri.

As per the applicable revised Missouri Revised Statute, if the children have flunked out of school, it provides a basis to terminate support which would not be reinstated. For a child to remain eligible for parental support, the child needs to submit to each parent a transcript or similar official document provided by the institution, at the beginning of the semester. This includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each course. They also need to submit a list of courses enrolled in for the upcoming term and the number of credits applicable for each course. Payment of child support can be stopped and need not be reinstated, if the child receives failing grades in half or more of his/her course load in any semester. In this case, if the other parent (seeking the child support) was aware of the children’s performance but continuing to accept child support, he/she can be sued for fraud and breach of contract and one can seek to be reimbursed for any payments made after the period the children were removed from the college.

In Indiana, is one liable to pay retrospective child support to children who are now adults?

Case Details: A notice was received from Madison County to garnish wages from current job.

Normally, Indiana automatically terminates payment of child support at the age of emancipation. Indiana limits enforcement of retrospective child support 10 years after emancipation. The emancipation age is 19 years. This can be extended by an order to provide additional education that one pursues prior to the age of 19 years. Additionally, in Indiana there is a 20 year limit to seek new court judgements for retrospective child support. In this case, there may be a need to contact a family law attorney in Madison County to advise or defend for the garnishing of wages.

If a person fathers a child with another woman when he is divorced but gets remarried to his ex-wife, is the wife responsible for child support too?

Case Details: The child was conceived when the father was depressed, he does not want the child and requested the woman to get an abortion.

Typically, child support is based on what the parents earn and in the above situation, the ex-wife is not personally liable. However, if one possesses joint assets or the mother of the child claims that assets which can support the child are being hidden, the support may be payable if the judge rules in favor of the mother. Additionally, the mental state of mind of the father is immaterial because he did engage in sexual relations which is sufficient proof for paternity and responsibility. The choice of abortion is only dependent on the mother and the father’s desire need not be taken into consideration. Moreover, it also does not matter if the father does not want the child. Since the child has his DNA, he is responsible for caring and covering the needs of the child through child support, irrespective of the mother working or not. The only way he can avoid this is to dispute paternity and seek a DNA test to prove the baby does not belong to him.

Can the ex-spouse obtain child support from a settlement received by the other parent in lieu of retrospective child support?

It is possible to place a levy/lien on the person’s settlement. In case child support enforcement is involved, they can be notified of the settlement and they can file lien. The processing through the child support enforcement may be slower and less efficient, therefore, one can hasten the process by taking the child support judgment to an attorney in the area where the ex-spouse resides and file the judgment there (if this has not been done already.). Next, one can file for lien on the settlement which is then passed on to the insurer who is settling the claim. They need to settle the child support amount prior to payment to the spouse. Serving the levy prior to payment is the best way to get the amount as this avoids further complication of the court having to levy the bank accounts once the amount is credited there.

Is it legal for the mother of the child to willfully abstain from working so as to obtain child support from the father?

Child support is not based on which parent is working but dependent on the income. This means, if the father is working and earning, he is liable to pay the child support irrespective of whether the mother is working or not. If the mother is willfully abstaining from working, the father can opt to take legal action by making an argument about the mother being ‘unfit’ to care for the child but he cannot refuse or not be liable to pay child support because of this reason.

Dealing with the upbringing of a child especially if the parents are separated is challenging and uncertain. This is when an aid such as child support can help a child move forward in his or her life. However, as seen above, it is not always simple or clear while dealing with child support issues which is why having the expertise of legal Experts can be highly beneficial to help you make the right decision. To get more information to your unique situation, legal Experts online are available to provide customized answers, quickly and affordably, from the comfort of your home. 

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