Do I have to pay for a child I don't see?
Asked by: Therese Lind | Last update: July 13, 2025Score: 4.2/5 (63 votes)
Even if you don't see your children, you are still obligated to financially support them. Consulting with a family law legal paraprofessional can help you understand your rights and options, and provide guidance on how to proceed.
Do I have to pay child support if I don't see my kid?
The short answer is yes, once a child support order is issued, you have to pay child support to the custodial parent, even if you never see the child. If you don't pay, you will face fines, wage garnishment, loss of your driver's license and/or incarceration.
Do I have to pay for a child I didn't want?
You cannot opt out of or vary your obligation to pay child support unless it is by agreement with the other parent, however you may be able to apply to change a child support assessment in certain circumstances.
Can a child say they don't want to see a parent?
Parental rights have been upheld by the Supreme Court as fundamental and, absent abuse, abandonment, or neglect, or the subtantial risk of it (due to a parent's own history, significant mental impairment, threats, etc.), a minor child should not be able to refuse visitation with a parent.
Can my ex refuse to pay child support?
Yes, your ex-wife can agree not to receive child support. The court (and the FOC) will allow this as long as there are no concerns that the children are not being provided for financially. The court may also force child support to be paid if your ex-wife is receiving any form of state aid.
You Wanted This Child? Pay For It
Who do I contact if my ex doesn't pay child support?
Hire a Family Law Attorney
In conclusion, if your ex won't pay child support in California, there are steps you can take to enforce the order and collect the payments. At Law Offices of Korol & Velen, we understand the importance of child support and are here to help you through this difficult situation.
Can I sue my parent for never paying child support?
In California, a parent or child has 10 years to launch a lawsuit. 10 years past the child's 19th birthday, if the child was in high school past their 18th.
What happens if my child doesn't want to see his father?
Sometimes, with older children who refuse visitation, it may not be considered the parent's fault if the visit didn't happen. But if a child continually refuses to follow the visitation schedule, regardless of the child's age, then a parent may decide to get the court involved through contempt proceedings.
Can I call the police if my child refuses to come home?
Is it possible to call the police on your own child if they run away and refuse to come home? What actions can the police take in this situation? Your child is a run away, call it in as such. If you know where they are let the police know as well, it's against the law to harbor a run away.
Should I force my child to see his dad?
The court will always encourage that children have a relationship with both parents. Therefore, children should always be encouraged by Mum to go and see Dad if it's a safe and loving environment. If there's a reason for them not wanting to go and see their Dad, then that needs to be looked into to try and resolve it.
Do I have to pay for my child if I don't see them?
Not seeing your child does not exempt you from paying child maintenance.
What happens if I can't pay child support?
Interest rates and penalty calculations vary among states, but in California, if you fall behind on child support payments by more than 30 days, you can incur a penalty of 6 percent of the amount owed for each month it remains unpaid, up to a staggering 72 percent of the total amount due.
What happens if I don't put the father's name on the birth certificate?
When a father is not listed on a birth certificate, it brings both legal and social implications. The absence of the father's name can significantly affect the child's rights, including inheritance, access to family medical history, and social security benefits, as well as the child's emotional well-being.
Does child support automatically give the father rights?
The fact that the father is paying or is not paying child support doesn't automatically change any legal rights the father might have to the child.
Can I sue my ex for not letting me see my child?
If your ex won't let you see your child in violation of the custody agreement, the family court can order them to comply with the court order. For more information about enforcing a parenting plan, talk to a child custody lawyer for help.
Do I have to pay child support if I give up my rights in NY?
The parent no longer has to pay child support. The parent is removed from the child's birth certificate.
Is it illegal for a child to run away from home?
In some states, it is a crime to run away from home if you are not an emancipated minor. In other states, running away from home may not be considered a crime, however a child can be taken into custody and made a ward of the Juvenile court system and either be returned to their parents or placed in a suitable home.
Can a non-custodial parent refuse to return a child?
If the noncustodial parent is withholding your child from you, it is parental kidnapping. Call the police to report it. They could send out an Amber Alert to locate your child, and the parent will be arrested.
Can I call the police if my child refuses to listen to me?
These parents are often the victim of their kids' acting out issues, not the cause of them. That is why if your threatening child doesn't respond to your authority, then you may need to bring in another authority, and that's the police.
What to do if I can't see my child?
If your spouse won't you see your kids, you need to use the legal system to protect your access to your children. If you have a custody order and/or parenting plan created as part of a separation or a divorce, then you may have several different options. You can go back to court and seek to have the order enforced.
What can I do if my 15 year old refuses to come home?
Involve Law Enforcement
After contemplating the situation and determining that there exists no valid reason for the teen to defy an existing order of the court regarding custody and parenting time, you may want to consider contacting the police or sheriff to escort your teenaged child back home.
Do I have to take my kids to see their dad?
It is the child's right to see their father and have an ongoing relationship with the parent that they don't live with every day and to be encouraged by the parent they live with to see the other parent and enjoy time with them. Coming to an agreement can be difficult and unfortunately, some cases do go to court.
What if my ex refuses to pay child support?
Contempt of Court: As mentioned earlier, the court can hold the non-paying parent in contempt, which may lead to fines, penalties, or even jail time. Credit Reporting: Unpaid child support can negatively affect the noncustodial parent's credit score, making it more challenging for them to secure loans or housing.
Can I sue my child's father for emotional distress?
U.S. courts recognize emotional distress as a type of damage that can be awarded to a plaintiff via a civil lawsuit. Learn more about what you can sue someone for. Emotional distress damages fall under the legal umbrella of pain and suffering — another legal concept that is classified as non-economic damages.
Can a mother agree to no child support?
Can California Parents Agree That Neither Needs to Pay Child Support? California child support laws state both parents are mutually responsible for the support of their children. This means, technically, parents do not have the authority to waive or eliminate child support obligations, even if both parents agree.