As your husband left you all in New Mexico and went to California without paying the money or even bothering to visit the children and as you ar ethe primary parent you can claim full custody of them. IMPROVED ANSWER: You MUST contact the court to request this. Only the court has the power to order the change to the custody award. Given the circumstances it is quite possible you may be awarded full custody. Added; Also contact the court regarding the failure of the father to pay child support. All states have mutual compacts beween them which enforce each other's custody awards and support orders. Both the New Mexico AND the California authorities should be made aware of it, perhaps they can 'convince' your ex to pay his court ordered support.
Fathers are frequently ordered to do so there, despite having primary custody. see link below
Generally no, though there is a presumption of primary residential custody for the obligee parent. In states like California, the amount of time the obligor parent has the child affects the amount of child support ordered.ClarificationChild support orders and custody orders are separate. Generally, the parent who pays child support pays it to the custodial parent.
Yes, but it's not typical. Child support is based on the income of both parents, as well as the amount of time each parent has with the child. If you make significantly more than him, and he has partial custody, he could potentially get child support from you. Again, this is not typical, and you would have to make a lot more money than he does.
It would be based upon which parent has primary physical custody.
yes..
YES, a woman can file for child support and not address custody in the courts, but a man can not request visitation time without the subject of child support being addressed. All single mother have sole custody by default, in 49 states.
Yes, until/unless the courts grant primary legal custody and terminate support.
Yes, though in California the child support and visitation are linked. The less time you parent the child, the more you pay.
Child support and custody are two different and only distantly related things. If there's a significant earnings disparity between the parents, it's very likely that a court could award child support to the lower income parent in a shared custody situation.
No. Before a support petition can be filed there must be a parent or guardian who is designated as the primary custodian of the minor child/children.
if she has primary custody, from the point of the filing date.
My X is planning on moving from California to Hawaii with our son. He has primary custody. Our son has not finished Highschool yet. He is collecting child support here in California from me, and is on unemployment too. I believe he will move to Hawaii and try to collect welfare too. Can he move to Hawaii and collect welfare and get his child support amounts raised to Hawaii's current level? Thank You!