How to file for back child support in texas
Child Support Forms | Office of the Attorney General
These forms allow parents, families, and employers to provide the Child Support Division with additional information so we can better serve you.
All child support forms are categorized and linked below as downloadable files. Select the category you need to see the corresponding forms.
- Paternity
- Military
- Paying or Receiving Child Support
- Safety
- Child Support Administrative Review
- Child Support Enforcement
- License Suspension
- Medical Support
- State Directory of New Hires
- Release of Information
Paternity
Parent Survey on the Acknowledgement of Paternity (AOP)
This form is to be completed after the AOP has been signed or a person has declined to sign the AOP.
View the form in English
View the form in Spanish
Application for New Birth Certificate Based on Parentage
The VS-166 - Application for a New Birth Certificate based on Parentage form is used to add, remove, or replace information regarding the parents listed on the original birth certificate. Click on the link to find the form on the Texas Department of State Health Services website.
View the form
Military
Military Affidavit
This form is used as proof to the court that a custodial or noncustodial parent is in the military.
View the form
Paying or Receiving Child Support
Arrears Payment Incentive Program
This form is used by a delinquent noncustodial parent to reduce amounts owed to the State of Texas.
View the form in English
View the form in Spanish
Direct Deposit Authorization Form (1TAC 55.803)
This form is used to set up direct deposit for child support payments.
View the form in English
View the form in Spanish
Request for Warrant Cancellation
This form is used to stop payment on a warrant (check) that has been lost or damaged.
View the form in English
View the form in Spanish
Child Support Review Questionnaire
This form provides the Child Support Division information about a custodial or noncustodial parent when a case review is requested.
View the form in English
View the form in Spanish
Custodial Parent’s Certification of Direct Payments
This form is used to document child and medical support payments made directly to a custodial parent by a noncustodial parent (in any form).
View the form in English
View the form in Spanish
Noncustodial Parent’s Certification of Direct Payments
This form is used to document child and medical support payments a noncustodial parent makes directly to the custodial parent (in any form).
View the form in English
View the form in Spanish
Safety
Request for Nondisclosure
This form is used to report a parent’s safety concerns on a child support case and request the Child Support Division not disclose any identifying information to the other parent.
View the form
Child Support Administrative Review
Request for Administrative Review (1 TAC 55.101(f)(2))
This form is completed by a noncustodial parent to contest a claim of past-due child support and request a review of their case.
View the form in English
View the form in Spanish
Administrative Review - Distribution of Child Support Payments (1 TAC 55.141(e))
This form is used by a custodial parent, who is a current or former Temporary Assistance for Needy Families (TANF) recipient, to request an Administrative Review hearing to resolve disputed issues concerning distribution of payments.
View the form in English
View the form in Spanish
Child Support Enforcement
Notice of Application for Judicial Writ of Withholding (1 TAC 55.111)
This form is used to notify an employer to withhold wages from a noncustodial parent when they have past-due child support.
View the form
Motion to Stay (1 TAC 55.112)
This form is used by noncustodial parents to contest a Judicial Writ of Withholding.
View the form
Employer's Motion for Hearing on Applicability of Income Withholding for Support (1 TAC 55.115)
This form is used by an employer to request judicial determination about an employee’s wage withholding.
View the form
Notice of Administrative Writ of Withholding - (1 TAC 55.116(a))
This form is sent to the noncustodial parent by the Child Support Division to inform them that withholding has begun and to provide information on how they can contest the withholding.
View the form
Request for Issuance of Income Withholding for Support (1 TAC 55 .117)
This form is used to request the issuance of income withholding for support.
View the form
Federally Mandated Income Withholding for Support (IWO) (1 TAC 55.118(b))
This form is used to notify an employer of a specified amount of child support to be paid by withholding income from an employee's paycheck. This form (provided by the Office of Child Support Enforcement OCSE) is used to notify an employer of a specified amount of child support to be paid by withholding income from an employee's paycheck. This form is federally mandated for use in IV-D and non IV-D cases. (OMB 0970-0154)
View the form
Notice of Lien (1 TAC 55.
119(a)) This form serves notice that a custodial parent has placed a lien on a noncustodial parent’s property for unpaid child support. The lien shows a right to keep possession of property belonging to the noncustodial parent until they pay their owed child support.
View the form
Release of Child Support Lien (1 TAC 55.119(b))
This form is used to lift the lien on a noncustodial parent’s property after they have paid their owed child support.
View the form
Partial Release of Child Support Lien (1 TAC 55.119(c))
This form is used by a custodial parent to lift the lien only on the specific property of the noncustodial parent, as listed on the form. It does not prevent action to collect from other property owned by the noncustodial parent.
View the form
Record of Support Order(1 TAC 55.121)
This form is used by counties to provide the record of support data needed by the state case registry.
View the form
Record of Support Order with Application (1 TAC 55.
121)This form is used by counties to provide the record of support order data needed by the state case registry. Effective September 1, 2021, this form must be used by the following counties that participate in the Integrated Child Support System: Bexar, Cameron, Dallas, Ector, El Paso, Gregg, Harris, Harrison, Hidalgo, Lubbock, Midland, Panola, Smith, Tarrant, Taylor, Travis, Webb, and Wichita.
View the form
License Suspension
Administrative Notice of Filing of Petition to Suspend License (1 TAC 55.203(a))
This form notifies a noncustodial parent who owes past due child support that an action to suspend their driver’s license has been filed.
View the form
Notice of Filing of Petition to Suspend License (1 TAC 55.203(f))
This form is sent to a noncustodial parent alerting them that an action to suspend their license has been filed.
View the form
Administrative Petition to Suspend License (1 TAC 55.203(b))
This form is used to outline a noncustodial parent’s court-ordered child support repayment schedule that must be followed before their license is reinstated.
View the form
Petition to Suspend License (1 TAC 55.203(f))
This form shows a noncustodial parent’s court-ordered child support repayment schedule that must be followed before their license is reinstated.
View the form
Notice of Filing of Petition to Suspend License (1 TAC 55.203(f))
This form is sent to a noncustodial parent alerting them that an action to suspend their license has been filed.
View the form
Request for Hearing (1 TAC 55.203(c))
This form is used by a noncustodial parent to request a hearing to contest a petition to suspend their license.
View the form
Notification to Licensing Authority Order Suspending License (1 TAC 55.203(d))
This form is sent by the Office of the Attorney General to the licensing authority to request action is taken to suspend a noncustodial parent’s license.
View the form
Notification to Licensing Authority Order Vacating or Staying Suspension of License (1 TAC 55.
203(e))This form is sent by the Office of the Attorney General to the licensing authority to notify them that a noncustodial parent’s license may be reinstated.
View the form
Medical Support
National Medical Support Notice (1TAC 55.120(a))
This form notifies an employee that they are obligated by a court or administrative child support order to provide health care coverage for the child identified.
View the form
Request for Review of National Medical Support Notice (1 TAC 55.120(b))
This form is used by an employee to contest withholding based upon a mistake of fact.
View the form
Termination of National Medical Support Notice (1 TAC 55.120(c))
This form notifies employers when there is no longer a judicially or administratively ordered obligation for an employee to provide health care coverage for the listed child(ren).
View the form
State Directory of New Hires
Texas Employer New Hire Reporting (1 TAC 55.
303(c)(1)(B))This form is used by employers to report the details of newly hired employees.
View the form
Release of Information
Authorization for Release of Information (1 TAC 55.803)
This form is used to authorize another party to receive information about your child support case or payments on your behalf.
View the form in English
View the form in Spanish
Revocation of Authorization for Release of Information (1 TAC 55.803)
This form is used to revoke an existing authorization to release information and/or child support payments to another party.
View form in English
View the form in Spanish
How to File for Back Child Support in Texas | Retroactive Child Support
ATTORNEYS EXPERIENCED IN HANDLING
Click to Schedule a Consultation
- POSTED BY LEGAL TEAM •
- Firm News
Raising a child can be expensive, and both parents should be sharing that financial burden even if they’re no longer together.
If you have custody of your child and have not gotten financial support from the other parent, you might be entitled to retroactive child support in Texas.
Some frequently asked questions about retroactive child support include:
- How is back child support calculated?
- Can you get back child support after age 18 in Texas?
If you’re looking for answers, this article is for you.
What Is Retroactive Child Support in Texas?
If you haven’t been paid any money from the other parent in months or years, you might be eligible to get retroactive child support. Texas courts often grant this the same day they order regular monthly child support. A parent might owe retroactive child support in Texas to pay for expenses between the date the divorce was filed in the courts and the date of the child support order.
Another instance in which you might get retroactive child support is if the noncustodial parent has not paid any of the child’s expenses since birth, in which case he or she may have to pay dating back to the birth of the child.
Back Child Support Laws in Texas
If the noncustodial parent has not helped financially, it’s time to find out how to file for back child support in Texas. First, get familiar with some of the laws about back child support, starting with how many years of funds you can be awarded.
How far back can child support be collected? In general, courts say it’s reasonable to order back child support for up to the past four years. But if you’ve been without child support for longer than that, you might be able to get more if you can prove that the noncustodial parent knew about his or her obligation to pay and purposely avoided doing so.
To get more answers for your unique case, contact the Houston child support attorneys at The Moffett Law Firm to learn more.
How to Get Back Child Support in Texas
Once you contact a Houston divorce lawyer who has experience with child support cases, you can begin the process of getting back child support. So how does back child support work in Texas? Here are the answers to some common questions on this subject.
Can I Sue for Back Child Support?
If you haven’t gotten financial assistance from the noncustodial parent, you can sue for back child support. You will simply need the help of a lawyer who is familiar with family court, as he or she can assist you with collecting the evidence you’ll need to present the court in Texas.
Can You Get Back Child Support After 18 in Texas?
If your child is 18 or older, you can still sue for back child support. In fact, you have until four years after the child’s 18th birthday to file for back child support. The number of years of payment you might get will vary depending on the facts of your case. It could range from 4 years to 18 years of payments.
How Is Back Child Support Calculated?
The Texas family court calculates back child support the same way it does with current child support orders. Basically, the court considers the net monthly income of the noncustodial parent, as well as the number of children the parent has.
Then, to calculate retroactive child support, the court can add up the months when the parent should have been paying.
For more information on how to calculate back child support, you can use the Moffett Law Firm’s Texas child support calculator for an estimate of what child support payments you might be entitled to.
To learn more about how to file for back child support in Texas, please contact The Moffett Law Firm today for help with child custody legal matters. We’ll give you the legal guidance you need to start your case.
CONTACT US TODAY
Family Law - Sharifov & Associates - Attorneys at Law
division of joint property in New York
Family law is the branch of law that deals with matters relating to the family and family relations. Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children.
, child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary.
divorce by consent in New York
Frequently Asked Questions:
1. What is the difference between a contested divorce and a non-contested divorce?
When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and for former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more.
order of protection in new york
2. How can I get an order of protection in case family violence?
If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years.
Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge.
For the past few months, due to the Coronavirus pandemic, Family Court has operated largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS").
The Domestic Violence Petition, in the absence of agreement by both parties, will be decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.
Sometimes, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for both of the relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children.
Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency.
legal guardianship
3. I can't find my spouse, can I file for divorce?
Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.
4. When am I officially divorced?
The parties to a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree.
5. What is custody and how is the issue of child custody after divorce resolved?
There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives.
If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court.
Post-divorce custody means the right of a parent to have a child permanently reside with that parent in the same family and be responsible for their child as long as they live with that parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other.
6.
Will I have less time to visit my child if the other parent has exclusive legal custody? Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions if both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody.
7. How is child support calculated?
New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b). This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support.
Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:
17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;
It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.
8. Who pays child support?
Generally, the parent with whom the child does not live most of the time will pay child support to the other parent.
child support in New York
9. Will I be able to pay less child support than is legally allowed?
The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties.
Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided by law.
10. What if the children spend a significant part of their time with me, or even 50% of the time?
Once again, if you are unable to negotiate a reduction in child support with the other party, it will be extremely difficult for you to persuade the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same time with the children, there is case law stating that the parent with the higher income is considered the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more preferable it is for clients to take good faith negotiations seriously as the most favorable way to resolve a dispute.
11. Until what age should a parent support a child?
In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier.
If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.
12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree?
No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.
OK with this parent?
The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to find out as much as possible about the nature of the relationship with the parent.
(For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases.
14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?
A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after divorce and how long it lasts.
There are also additional factors that the court must consider when determining the amount and duration of child support.
Here are a few factors that are considered the most significant:
- length of marriage; the age and state of health of each spouse;
- present and future earning potential for each spouse;
- your opportunity to become financially independent;
- reduced or lost earning opportunity due to denial or delay in education, training, employment, or career development during marriage;
- having children in your home;
This is a complex decision and will be influenced by many factors.
15. Can my spouse evict me from our home?
Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it.
16. Can I and my children continue to live in our house after the divorce?
Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which the child is already accustomed, assuming that the child is fine in that environment, and also implying that financial circumstances allow it.
17. Am I entitled to a share in the value of the house, even if the title is not in my name?
If the house was purchased during the marriage with funds earned during the marriage (regardless of which spouse earned the money), then it is likely that you will be entitled to a share in the price of the house, even if the house is not registered on you. There are many factors to calculate the size, value and percentage of this share.
18. I bought our house before our marriage with funds I bought before our marriage. Will I have to share the cost of my home with my ex/ex-spouse?
Usually not.
However, if the house increased in value during the marriage as a result of your spouse's efforts, or as a result of a joint investment in the house, then your spouse may claim a share of the excess price during the marriage. Please note that if you put your spouse's name on the home title deeds, this may cause your spouse to be able to claim a share of the total value of the home.
19. Will the court force me to sell my house?
If there are no children, and assuming the house is jointly owned, the court will allow each spouse to buy out the other spouse's share. If neither spouse has the ability to buy out the other's share, or is not interested in doing so, the court may order the sale of the house and divide the proceeds from the sale at the discretion of the court.
20. Credit cards: Should they be cancelled?
If you think your spouse will use credit cards beyond justified living expenses, consider closing the account. Most accounts can be closed by either paying off the debt or transferring to another credit card.
If your name is first on the account, you can achieve the same goal simply by removing your spouse's name from the account. The final liability for debts will be determined by the court or by agreement. In most cases, it is recommended that you inform your spouse of your actions (after the accounts have already been changed) so that he/she is not unpleasantly surprised or embarrassed when the payment is unexpectedly declined.
21. Do I have to withdraw money from all joint accounts to protect my spouse from taking or hiding the money?
The courts do not approve of either spouse withdrawing all the money from a joint account or withdrawing money without good reason. The husband should think seriously before withdrawing money. Do not forget that the court has the right to demand liability from the spouse if it is proved that he squandered or hid the joint funds.
22. If I own a business or share in a business, will my spouse get a share of the business?
If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will likely be able to claim a portion of that business or a portion of your interest in the business.
If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc.
23. Can my spouse claim the estimated value of my professional license or higher education diploma?
For divorces initiated before 2016, by law, if all or part of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma.
Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7).
24. Which courts can hear divorce, custody and alimony cases?
The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court.
25. What is a juvenile delinquency trial?
This is a New York State Family Court lawsuit involving a juvenile delinquency case between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open.
When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days.
The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed.
If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile delinquent, and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to the parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months.
For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court.
26. What is marriage annulment and how is it different from divorce?
A man and a woman must be legally capable of entering into a legal marriage. If the parties are not authorized to enter into a marriage, such a marriage can be annulled, that is, declared invalid. Grounds for marriage annulment are untraceable disability, minority, lack of consent, or consent obtained through fraud or intimidation, and incurable mental illness for five years.
- If one of the spouses is terminally incapable of sexual activity, the marriage can be annulled.
- Both parties must be over 18 years of age to marry without parental consent. A marriage between persons under the age of 18 may be annulled, at the discretion of the court, if the spouse under 18 wishes to annul the marriage.
- If, after marriage, either partner becomes terminally ill for 5 years or more, the marriage may be annulled.
However, a healthy spouse may be required to maintain a mentally ill spouse for life. - The parties must knowingly consent to the marriage. A marriage can be declared invalid if either party consented to the marriage as a result of violence or threats from the other party, or if either party did not understand the meaning and consequences of marriage.
- A marriage may be annulled if the consent was obtained by fraud, provided that the fraud was such as to deceive an ordinary reasonable person and was essential to obtain the consent of the other party. Fraud must be at the heart of the marriage contract. Only the injured party can annul the marriage on the grounds of lack of consent.
27. What is a declaration of invalidity of a marriage and how does it differ from annulment?
Unlike an annulment, where a marriage can be declared invalid, some marriages are invalid from the moment they are contracted. Such marriages include incest and bigamy.
In the case of incest, this is a marriage between ancestors and descendants, brothers and sisters (including half blood). In the case of bigamy, one of the parties is already married to another person.
For more information, please contact our company.
tel 516-505-2300
TE L 718-368-2800
Email [email protected]
Alimony from the child
Family Law: Distribution of birth rights, Rights of parental rights, Right alimony. (Russia)
?
Question
My problem is to collect child support from the father of the child, who is a US citizen and lives in the US, respectively. He came to Russia quite often earlier, before the birth of the child, and by mutual agreement, I went to the USA to give birth, but the pregnancy took place practically in Russia (St. Petersburg). The child was born in New York in 2010, recorded on the father, a US citizen, respectively. The child was issued an American passport, and Russian citizenship was issued at the Russian consulate.
In March 2011, the child and I returned to St. Petersburg, where I registered her in my apartment. In the near future, I would not like to return to America (to her father) because of the unfavorable family situation, and therefore I would like to resolve the issue of providing for the child on Russian territory.
Currently, the child's father sends $1200 per month (subject to stipulated conditions). After 6 months, he will stop funding the child (or will do so in a minimum amount).
Since there are no written agreements between us, and we are not married, it is difficult for me to rely on his promises, desires, etc. I consulted with an American lawyer in 2010 - the process of collecting alimony in America is extremely long, tedious, and due to certain facts, the outcome can be in the range of $ 350-400.
At the same time, the issue of the child's residence will also be determined within 2-3 years, and if I do not want to live with the father of the child, I will also have to rent an apartment until the court decides.
In addition, the mode of meetings with the father will be determined - because of which, in principle, in the future I will not be able to leave the United States (or only with the consent of the father of the child - because, as per American laws, even if we are not married, but we have minor child - he can prevent me from leaving the United States). I am not satisfied with this kind of litigation in any way.
Therefore, I would like to clarify the following questions:
- Is it possible to collect alimony in Russia and in what amount?
- What factors influence (if they do) the formation of a fixed amount of alimony (for example: the father of the child does not have a salary, he has a mini-pizzeria as a source of income, etc.) and how can this be proved in a Russian court?
- According to European laws (at least there is a precedent in Strasbourg), as well as according to the RF IC, the second line of relatives can be involved in providing for the child (for example, grandparents), to what extent it is accepted in practice in Russian courts and is it possible to appeal to this position in my case? (an American grandmother has 4 properties officially leased under contracts, in addition, she sold an apartment in May 2011 for $ 2.
3 million).
- If the child's father sends $1,200 per month, which is documented, can this fact be used as evidence of his ability to pay and determine the amount of child support in the claim of the approximate level?
- How is a court decision ratified in the United States (through which state structures)? Can they not accept it for execution? Should I apply to the American consulate at this stage to expedite the execution of the decision?
- How long does it take on average for a similar trial in a Russian court? And are there any difficulties in execution on the American side?
- If the father of the child does not pay child support according to the decision of the growing. court more than 6 months, can I apply for deprivation of his parental rights?
- How much does it cost to file a claim with you?
- If the child's father files a lawsuit in the US (for example, about his right to see the child, etc.), will I be able to file a lawsuit in ros.
court after it? Or, in this case, should he be ahead of him? (In principle, he is a lawyer by education, not a practitioner, but in the future I do not exclude any claims from him on the return of the child to the United States, etc.)
- Given the above, what points should be emphasized in my child support claim? I know from experience that very often a well and logically drafted claim forms the basis of a decision, even if complex cases - as is the case for the recovery of alimony from foreign citizens - does the Russian court go beyond $ 250-300 in decisions?
These are questions that are not clear to me, I hope for your many years of experience in this field, and I will wait for your answers.
I would like to clarify one more point, should I determine the place of residence of the child in some separate claim in order to avoid that the father will file such a claim in the United States? If he files it while my Russian child support claim is being filed, will my claim be suspended or will the Russian court still decide child support first? Or do I, as a mother, have the priority of the child's right to live with me?
!
Reply
I believe that you need to apply to a Russian court, and urgently.
You need to determine the place of residence of the child, and in order for foreign countries to reckon with this decision, it is highly desirable that your claim be filed first, and not in response to the child's father's claim to return the child to the United States.
You are not deprived of the opportunity to make both claims at the same time: to determine the place of residence of the child with you and to collect alimony. If he does not comply with the court decision, you will be able to raise the issue of deprivation of parental rights in the future. Now he has equal rights with you, and moreover, he has reason to believe that it was you who violated his parental rights, and the American court will most likely support him.
So you need to sue and notify your spouse of the hearing. If the father of the child goes to an American court, you must immediately inform the American court about the existence of a case in Russia and demand that the case initiated later be dismissed.
A Russian court clearly has jurisdiction over your child who resides in Russia and has Russian citizenship.
According to Art. 81, 83 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for one minor child is collected by the court on a monthly basis in the amount of one quarter of earnings. The amount of alimony may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obliged to pay alimony has irregular, fluctuating earnings and / or receives earnings wholly or partially in foreign currency, the court has the right to determine the amount of alimony collected on a monthly basis in hard cash. amount. The amount of a fixed amount of money is determined by the court based on the maximum possible preservation of the child's previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.
Thus, since the father of the child has income in foreign currency and voluntarily paid alimony in a certain amount every month, you can refer to these circumstances in court and ask for child support to be established in this amount until the child reaches the age of majority.
In case of non-compliance with the court decision on the territory of the Russian Federation, the father of the child will have problems leaving the territory of the Russian Federation: if he likes to travel to Russia, this will be a serious argument for him.
As for the execution of the decision abroad, as you probably know, there is no agreement between Russia and the United States on legal assistance in civil and family matters.
Enforcement of a Russian court decision abroad is possible only in court by filing a petition for recognition and enforcement of the court decision. Neither the Ministry of Foreign Affairs nor the Consulate will help you with this: only the court. An American court can decide both in your favor and in favor of the father of the child - you need to consult with an American lawyer about the prospects for considering such a petition.
