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if the mother leaves the state with the child??
if she decides to move 6 hours away with the child does the father still have to pay his child support? i have heard in florida that this is true but im not so sure!! it would be very hard to get this child every other weekend this far away! someone had told me that if she moves out of the state then she could lose child support! can he stop her from going??
17 Answers
- allrightythenLv 71 decade agoFavorite Answer
whoever told you that is an idiot (no offense) - it wouldn't matter where in the US she moved - the non-custodial parent is still responsible for child support.
If a custodial parent leaves the area, or plans on leaving the area without permission from the non-custodial parent and in some cases the court as well, the non custodial parent can petition the court for the immediate return and custody of the child, or stop them from moving all together.
Only exception to this is if they were never married and no paternity was established then the woman can head off where ever she wants, and the father won't be able to force the return.
That is why if you father a child, you should always go to court and ensure your rights.
Source(s): I'm a family law attorney - 1 decade ago
there are actual laws that state that a parent cannot take the child more then 100 miles away from the other parent without a signed agreement. As far as child support, its not pay per view. Parent needs to pay no matter what My spouse has not seen his child in 5 years because the mother has stopped him from seeing him because we were late getting him home on a weekend visit due to a level three ice storm that did not permit cars on the road, BUT he still has to pay his weekly child support payment. If you look online at the child laws in your state you should be able to find a online guideline book that answers your question better. I know I am in Ohio and my ex is in Florida and he is required to pay but he has chose to not see them and he is the one that moved.
- tjnstlouismoLv 71 decade ago
Paying child support is to support the child he created. Where the child is has nothing to do with paying child support. If he had any character at all, he wouldn't be asking such a question about his own child. However, a call to his lawyer would be in order as most custody decisions include a clause about not taking the child out of state. She could wind up in alot of trouble.
- 1 decade ago
As long as she has given you adequate notice (usually 30 days) she can move anywhere she wants to (as can you) unless you contest it in court. Yes, you will still have to pay child support.
Usually when distance is a visitation issue the schedule changes. So instead of every other weekend, it might be on long weekends and holidays. That is something you and the mom need to work out.
You may need a modification of custody. If you do not have a custody agreement, get one!
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- ♦justme♦Lv 61 decade ago
I don't know where you get your information, but it's completely false. The mother could move with the child to the moon, and he would still owe child support. He may be able to make it more difficult to leave, or stop her all together, but it all depends on what the custody order states. There should be a section covering if the residential parent wants to move, what steps they would have to take and what steps the non-residential parent can take too.
Child support isn't so you can see the child, it's to ensure there is enough money to fulfill the child's basic needs (food, clothes, housing, etc...)
- E&LLv 71 decade ago
As a father you had a right to petition the courts about your visitation and could have kept her from moving the child 6 hours away. Go back to family court regarding your visitation. Child support has nothing to do with visitation. Family court can advise you on your rights, but don't wait!
- innocent annieLv 71 decade ago
the child support wont b taken away under any circumstance until the child is 18 unless they decide to go to college then it continues...
just because she left state doesnt mean she loses the child support...
its the fathers place to help provide for the child no matter how far apart they live from one another....
and he cant stop her from moving away...
- ?Lv 45 years ago
The rules variety state to state so which you will ought to envision the guidelines interior the states you're touching on. that is totally uncertain she would be in a position to get any retroactive help till there replaced right into a baby help order already in place. as quickly as paternity has been universal by using DNA and baby help is ordered the non custodial confirm is accountable to pay the help till the baby is the two emancipated or reaches the age of majority in that state.
- 1 decade ago
the child support will not stop until child is 18, but you can stop her from moving if you go to court ommediatly and file for visitation, or if you already have visitation you can go in and try to change physical custody based on the distance hindering your relationship with child. good luck.
- Andi SLv 41 decade ago
he can always take the mom to court. y would the mom want to take the child out of state away from the father