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Can an unemployed non custodial parent be made to pay child support?
The court will order you to pay some child support. If you don't have a job right now, it might not be based on your current paystubs, but it will be based on your tax returns from the previous years. If you won't be paying it on time, the child support will start adding 10% as an interest on the child support. And you'll pay it off when you can. If a custodial parent opens a DA case on you, it will take them about a year to get all of the info on you, and then they will start taking your money out of your bank account or from your pay checks. The best thing for you is to get a job as soon as possible, so you can start helping your child financially and at the same time stop getting your self into more truble, since not paying your child support is very negative for your credit and future opportunities in this country.
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Can a custodial parent seek child support payments from the non custodial parent's new spouse if non custodial parent is unemployed?
No. She has no legal responsibility to support the children. Only the biological parents have any responsibility for child support.
Can a mother get full custody if she is unemployed and still living with her parent who supports them all and the father has court ordered child support that he does not pay?
What a mother can get, in the United States at least, is up to a Judge. He (or she) will examine the particulars of a situation.
Yes, if s/he has an income other than SSI or public assistance. He can also be ordered to search for employment.
In general, child support is based on ability to pay. The court may order the NCP to seek employment and report on his efforts to do so.
Child support is normally calculated by a formula that takes into account several things: income of both parents (or income earning potential), health care costs, child care c…osts, other minor children being supported, etc. If either parent remarries, their spouses income doe not figure into the calculation, so unless some other factors change as well, there should be no change in the child support amounts.
Will a court order a custodial parent to pay a non custodial parent child support if the custodial parents income is much higher than the non custodial parents income?
While not the norm, yes, it can happen, and is based on the non-custodial's parenting time. However child support calculation is complicated and involves many factors. Consult… an attorney in your area for an informed opinion.
Will a court order a custodial parent to pay a non-custodial parent child support if the custodial parents income is much higher than the non-custodial parents income?
No, the custodial parent does not have topay anything to the other parent. The NON-custodial parent will still have to pay something as their contribution to the support of th…e child(ren) , but because of the difference in incomes it may be fairly small.
Well actually, it depends. A non-custodial parent can still have liberal, defined visitation and if that parent, say has 3 days a week or every weekend, and their income is va…stly lower than the income of the custodial parent then there would be an avenue in many states where that 'non-custodial' parent would be entitled to child support. Again, it would vary on a number of factors including what you mean by non-custodial. If non-custodial includes no physical or legal custody and/or no visitation at all, the avenue seems virtually impossible. However, simply being non-custodial would not be the single defining point. In fact, there wouldn't be a single variable that would determine the answer to this question (particularly as state law were weighed in). Best advice, contact an attorney, many will provide free first consultations.
Why does a non custodial parent pay for child support to the custodial parent when they live together?
Because you are not married and filed for child support. You have to pay child support to one parent and that has to be to the one with custody. If you both had 50/50 custody …it could look differently but you only have visitation.
Child support is intended to help pay for the basic living expenses, such as rent, utilities, clothing, insurance and the like, all of which remain the same even when the chil…d is visiting the non-custodial parent.
What if a non-custodial parent is paying child support to a custodial parent for a child who does not even live with the custodial parent?
Contact your child support office or court that issued the child support order and give them the details. We are going through this right now. My husband's 16 year old daughte…r has been living with her aunt for 6 months now because her mom has an alcohol and drug abuse problem and does not provide anything for the child. She does not work and her only source of income is child support. My husband reported this situation to his case worker and CA child support has issued an immediate stop payment so that no further funds will be disbursed until after all parties have gone to court to establish a legal guardianship. Since his daughter has been living 100% with her aunt and wishes to continue doing so, all child support payments will be disbursed to the aunt rather than the mother if all goes well in court.
Of course. The child is still your child and you must continue to pay child support unless the new spouse legally adopts your child. In that case, your parental rights would e…nd.
Yes, unless the non-custodial parent gets custody. In that case the non-custodial parent must file a motion to terminate the child support order. The child support should be …paid to whoever has custody of the child. If it's not the non-custodial parent then the child support order should be modified to reflect the party that should receive the child support payments. You have to pay for your child so you have to pay to the one who has custody while the other parent is in prison. If the state has custody you will pay the state.
The amount is determined by statutory child support guidelines in most jurisdictions or the department of social service in the state the child lives if the child is receiving… financial support from the state.
I do not think that all states are standardized yet but in Nevada it is 25% of the non custodial parents income for the first child and then an added amount of something… like 3% for every additional child. The custodial parents income or marital status does not factor in at all.
Generally, until the child attains majority (this varies from State to State) or becomes emancipated (generally, self-sufficient). Support may be ordered to enable a child to …attend college and/or for longer periods for severely disabled children.
It doesn't matter what the child wants. If they still live with the custodial parent, child support must still be paid. If the child changes residences via court ordered custo…dy modification, a motion to modify support based on that should be made at the same time.