Do you have to file for child support? 22 Answers as of November 10, 2011

The mother of my friend's potential child is telling him she has to file for child support and that she can't file for 0 child support. Is that true?

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
Paternity must be established before the court will order child support. If the parents are married, then paternity is presumed, but it can be rebutted. If the parents are not married, then the mother should contact the Washington State Division of Child Support. A paternity test will be requested, and once paternity is established, the father will be required to pay child support.
Answer Applies to: Washington
Replied: 11/10/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
In Wisconsin, if you apply for any sort of state benefits, the state will start a child support action even if the mother hasn't asked for support. That could be what they meant by 'have to' file.
Answer Applies to: Wisconsin
Replied: 10/20/2011
Reza Athari & Associates, PLLC | Armand Fried
It is true that she cannot file for $0.00 child support. Not sure in what context she "has" to file for child support, but if she does file, that support in Nevada is a minimum of $100 per month or 18% of the non-custodial parent's gross income.
Answer Applies to: Nevada
Replied: 10/19/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
She can choose not to ask for child support. My advise is for the parties to get something in writing, to protect both sides though. This written agreement can state zero child support, it can determine who pays for medical care, daycare, etc. and it can state who gets what time with the child. That is how it protects both sides. Keep in mind, mom and dad have equal rights unless a judge (or written agreement) says otherwise.
Answer Applies to: Texas
Replied: 10/18/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The county would require child support if any public assistance is expended on behalf of the child such as daycare assistance, medical assistance or food stamps.
Answer Applies to: Minnesota
Replied: 10/18/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
A mother is not required to file for child support. However, if she is receiving public assistance, the state will file for her to receive reimbursement from the father for benefits paid to the mother.
Answer Applies to: Ohio
Replied: 10/18/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
She has to file if she wants to get it.
Answer Applies to: New York
Replied: 10/18/2011
Law Office of Cassandra Savoy
Law Office of Cassandra Savoy | Cassandra Savoy
I don't understand the second part of the question. You must file a complaint for child support. If there is no child, as in the child is unborn, there can be no support.
Answer Applies to: New Jersey
Replied: 10/17/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your friend needn't file anything. However, the welfare of the baby might be compromised if Child Support is not paid the child should be supported by both parents. Your friend has the option of doing nothing, or seeking Child Support through the local public agency that handles Child Support or seeking full custody and support orders via a Paternity Case under the Uniform Parentage Act. If the father files a Paternity Case, your friend should file responsive documents seeking custody and Child Support.
Answer Applies to: California
Replied: 10/17/2011
Law Offices of Paul A. Eads
Law Offices of Paul A. Eads | Paul A. Eads
They can have an informal agreement on a support amount without filing any paperwork.
Answer Applies to: California
Replied: 10/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your question is unclear. If a mother expects an unmarried father to pay child support, there will have to be a court order requiring him to pay something if he isn't willing to do so voluntarily. The only way to get a court order is to file a legal proceeding. That can be done directly to the court or through the child support enforcement agency in your county of residence.
    Answer Applies to: Colorado
    Replied: 10/17/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    There is no legal requirement that you file. However, it is the option of the custodial parent to file, and zero is not an option if one does file.
    Answer Applies to: New York
    Replied: 10/17/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Yes. Child support is a benefit for the child. A mother or father cannot waive it on behalf of the child.
    Answer Applies to: New Jersey
    Replied: 10/17/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    CT has Child Support Guidelines that indicate the presumptive amount of support for a child.
    Answer Applies to: Connecticut
    Replied: 10/17/2011
    Law Office of Pashan Movasseghi, Esq.
    Law Office of Pashan Movasseghi, Esq. | Pashan Movasseghi, Esq.
    No. There is no requirement that a parent file for child support. The exception to this may be if she receives or is applying for public assistance.
    Answer Applies to: New York
    Replied: 10/17/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes, you have to file a complaint for Support with the Probate and Family Court clerk's office.
    Answer Applies to: Massachusetts
    Replied: 10/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Not in California.
    Answer Applies to: California
    Replied: 10/17/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    No filing is required if the parties desire to avoid that litigation (unless the mother receives government benefits).
    Answer Applies to: Pennsylvania
    Replied: 10/17/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    If she is getting any kind of state services, the child support agency will file for child support with or without her blessing. If you go to court for paternity, the court will review the financials of the parties and may let her waive child support; however, child support is about the child not about mom and courts want to put an order in place in the best interest of the child.
    Answer Applies to: Wisconsin
    Replied: 10/17/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If a person applies for state assistance, such as food stamps, Medicaid, etc., then yes, they have to file for child support in order to receive benefits.
    Answer Applies to: Florida
    Replied: 10/17/2011
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