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Friday, May 9, 2008


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Deckelbaum Ogens & Raftery
3 Bethesda Metro Center
Suite 200
Bethesda, MD 20814
(301) 961-9200 Phone
(301) 961-9229 Fax
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Family Law - Frequently Asked Questions

What is the difference between an agency adoption and an independent adoption?

Under what circumstances will the court award alimony or spousal support?

How is the amount of child support calculated?

Once a court issues a child support order, can the amount of support that is paid be changed?

How is child support collected if the person responsible for paying it moves to another state?

What are parents' obligations to their children?

Is a father who never married the mother still required to pay child support?

Is a father who never married the mother still required to pay child support?

The short answer to this question is yes. When a mother is not married, however, there can sometimes be confusion about who the child's legal father is for purposes of support. An "acknowledged father" is any biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. Acknowledged fathers are required to pay child support. Additionally, a man who never married the child's mother may be presumed to be the father if he welcomes the child into his home and openly holds the child out as his own.

Do I have to pay child support if my ex keeps me away from my kids?

Yes. Child support should not be confused with custody and visitation. Every parent has an obligation to support his or her children. With one narrow exception, no state allows a parent to withhold support because of disputes over visitation. The exception? If the custodial parent disappears for a lengthy period so that no visitation is possible, a few courts have ruled that the noncustodial parent's duty to pay child support may be considered temporarily suspended.

No matter what the circumstances, if you believe that your ex is interfering with your visitation rights, the appropriate remedy is to go back to court to have your rights enforced rather than to stop making support payments.

How long must parents support their children?

Biological parents and adoptive parents must support a child until:

  • the child reaches the age of majority (and sometimes longer if the child has special needs or is in college)
  • the child is on active military duty
  • the parents' rights and responsibilities are terminated (for example, when a child is adopted), or
  • the child has been declared emancipated by a court. (Emancipation can occur when a minor has demonstrated freedom from parental control or support and an ability to be self-supporting.)

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