Question:
I am a 17-year old mother and my newborn was born out of wedlock. Her father and I are not living together and I have given her his last name. I do not want him to pay child support because we both will have custody of the child and he will help support her. Is there any legal way that he can get out of paying child support? If so, will I still be able to have a medical card for her and keep our WIC?

Answer:
Generally, you are not required to ask for child support. It is very common for people that share joint physical custody to not pay child support to the other parent. However, if you receive certain welfare benefits, you sign over your rights concerning child support. Therefore, the State could file a modification of the paternity action down the road to force him to pay child support. You need to review the applications that you signed when receiving the medical card and WIC. In some states, you only sign over your rights to the child support in exchange for monetary welfare benefits, not indirect aid such as WIC.

Question:
I had a baby and I live with the baby's father. We need welfare and WIC for now, until he can find a better job, but he is helping me support our child. Will welfare require that I go after child support from him?

Answer:
In most cases, yes. Typically, recipients are required to seek child support and cooperate fully with welfare's child support and paternity requirements, including efforts to find an absent parent, when you need full welfare benefits. Once child support is granted, welfare may intercept all or part of it to compensate for the fact that the individual is receiving assistance. Exemptions from child support cooperation are made for good cause, such as proven domestic violence situations.

Here is a link that will get you to every DCS office in the USA, and you can choose your state, and find out the specific laws that apply to your case: http://www.acf.hhs.gov/programs/cse/extinf.html.

Question:
My spouse and I separated a year ago. Can I file for child support now and get an order that covers the last year?

Answer:
Probably not. Judges will only enforce orders beginning from the date the request is filed with the court. This is why it's very important to file for child support as soon as you and your partner separate.

Question:
If you sign over your parental rights to a child do you still have to pay child support?

Answer:
Courts and jurisdictions differ, but in many cases, just because a parent voluntarily terminates rights does NOT always mean they don't have to pay anymore. In fact, most courts require child support to continue, unless the child is being adopted.

Question:
I'm marrying a man who has children from a previous marriage. He regularly pays his child support. Since I earn more than my fiance, we want to protect my income from any future increase in support payments should the ex- seek more. What are our options?

Answer:
Some states, California for example, provide that a new spouse with income, cannot be held liable for the support of a step-child except under extreme circumstances. Your State may have similar exemptions. However, for the time being, and for purposes of financial safety, set up and maintain separate savings and checking accounts. That way, your funds do not become commingled with your husband's, and a court, should the question ever arise, will always be able to calculate whose income is whose and where the funds came.

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