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If non custodial parent owes back child support and the child goes to live with the non custodial parent does the custodial parent at that point have to begin paying child support?
Yes, in most circumstances. However, you need to notify the court of the change in circumstances as soon as possible. The existing child support order and custody order will remain in effect until the court is notified. You should be aware that any child support arrears that accumulated prior to the modification of the existing court orders still need to be paid.
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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.
The only way to stop paying child support is to go to court and request that the custody and child support orders be modified.
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.
No. Paying child support is not a reason in and of itself for the court to change the custody order. The parent who wants custody must petition the court for custody and have …a very good reason to compel the court to make such a substantial change. They would need to provide evidence that here has been a change in circumstances since the last custody order was issued by the court and a change in custody is in the best interest of the child. They would need to provide proof that the present custodial parent is unfit.
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.
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.
If you have full custody than you're not the non-custodial parents. If the court makes a change in the custody order and the non-custodial parent is awarded custody then they …won't need to pay child support and that order will be rescinded.
What does your agreement say? Get a lawyer and read the fine print.
Read your support order. You can't usually be joint custody and non-custodial at the same time.
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.
When child lives full time with non custodial parent does that mean that custodial parent owes child support?
For the state of Tennessee, yes because it depends upon the wages and amount of days spent with each parent.
You can get awarded child support by a judge, but collecting it is an altogether different situation.
Child support is a complicated calculation. Parenting time is taken into consideration when coming to an amount, so if your parenting time has increased since the original chi…ld support order was granted, you can file for modification based on the same. If and until such a modification is granted, you are expected to pay support as outlined in the original agreement. You may be awarded credit retroactive to the period of time where you had greater physical custody of the child, but again, that is up to the court.
Yes, unless the child is receiving some form of state or federal aid/health insurance. In that case, no, you cannot. Whether or not it's actually a good idea is open for debat…e.
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.
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.