If the custodial parent two children give one of the children back to the father does the father still have to pay child support for the one child that stayed with the mother or are they even?
- No, the father has to pay child support for both children. Of course the child that decides to live with him will be treated as he/she were when you were both married, but the child you have will still continue to receive child support by law!
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Is there a matter of child support between two parents with two children when each parent is the custodial parent of one child in Illinois or Indiana?
Answer . Child support is a primary issue of Family Court.\nI assume there are court orders in effect, to some degree, since you have already settled the physical custody situation.\nIt would seem in your case that an equitable agreement of support would not be difficult to make.\nAlthough I real…ly don't understand why this would be an issue.\nThe state in which custody was granted, is the state that decides the monetary issues for child support.. (MORE)
Answer . \nIf you and your ex both have the children it is not unusual for the father to pay child support. Don't forget, the ex has to go to work to provide for those children in most cases and that is a large cost. There is day care for the children, buying clothes, schooling, food, etc. It'…s tough. However, if you are the one looking after your children 100% you need to find legal council because you shouldn't be paying your ex any money! All child support goes to the child(ren.)\n. \nMarcy (MORE)
If a father has custody of his two sons and the mother owes 6500 in back child support and then the children go to live with their mother will she still have to pay the back child support?
Answer . \nYes is the answer!Collecting it is another story. However it would be in your best interest if at all possible to work out some sort of timetable between the two of you before "you" will start paying. Sort of like an advanced credit on your part. Not sure how informed she is but if yo…u go back to court at this point you will be ordered to pay child support "now" and you will probably never collect on the back child support. The law is designed to help the children in the present tense and anything else is your problem . Hope this helps! (MORE)
Would a mother have to pay 6500 in back child support if she is awarded custody of the two children who are now in their father's custody?
Answer . \nYes.\n. \nThe arrearages would be due regardless of whether the mother is awarded joint or full custodial rights.\n. \nThe judge would have the option of offsetting the arrearages if custody is altered and the father is ordered to pay support, or take other similar action.\n. \nAdd…itionally, in such cases, the judge will refuse to rule on custodial issues until the arrearages are paid or resolved to the satisfaction of the court.\n. \nIt is also possible that the judge could sentence the delinquent parent to jail time and/or seize property or ganish the income of the delinquent parent to pay the arrearages.\n. \nUnless the custodial father voluntarily relinquishes his custodial rights or the court has reason to believe he is incapable of parenting, the mother has very little chance of being awarded custody as she has demonstrated a lack of responsibility to her children by her failure to honor her financial obligations. (MORE)
In the state of Ohio if a non-custodial parent gives up all parental rights to his children does he still have to pay child support?
Actually I questioned once how someone would give up their parentalrights in the state of Ohio and I was informed that in the State ofOhio you cannot give up your parental rights unless someone iswilling to take over those rights which means there is anotherfather or mother that is willing to adopt …the child BECAUSE someonehas to be financially responsible for your child. Even if thecustodial parent is not on assistance at the time there is alwaysthe chance that the child will end up on assistance so there is noway to give up those rights unless someone else is agreeing toassume those rights. (MORE)
In Texas if the mother has custody of the children and goes to prison does the father still have to pay child support?
Answer . Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
I live in Ks and want to know if I give up my parental rights to my three children who live with their father do I still have to pay child support?
A parent cannot just 'give up' their parental rights (which is a different thing than custodial/visitation rights). Termination of parental rights has to be approved by a judge. Generally speaking, judges are very reluctant to approve it unless it's for the purpose of adoption or the parent presents… a clear danger to the child. They certainly will not approve it merely so the parent can avoid paying child support. If that were allowed, people would be lined up to do it, and then a big portion of those children would end up having to be supported by the taxpayers. (MORE)
Answer . Child support is paid by the non-custodial parent to the custodial parent. If there is a court order for the father to pay child support to the mother, and he gets the children after, he must pay child support until he gets the court order changed, usually by filing a complaint for modi…fication in the original court. (MORE)
Can a parent still be ordered to pay child support if one child lives with the father and one lives with the mother?
Answer . The answer will depend on the sources of the respective incomes. . Yes, if the parent seeking child support is getting any assistance from the government, child support is a requirement. But both parents can agree not to pay child support since each has one child. Or, both can pay c…hild support for the child not in their home. (MORE)
If a noncustodial father has two children with the same woman does he have to pay child support on both children until the youngest one is 18?
Each case is treated separately so the first child will no longer receive child support when he/she turns 18 as with the younger child.
Does the father still have to pay back child support owed to the state if he remarries the mother of the children and is currently supporting them and repaying the back child support?
Child support arrears do not go away. If the state supported his child for a period of time then he must pay the arrears.
For unwed parents how easy is it for the mother to get sole custody of her child when the father owes about 30000 grand in back child support for 2 other children from 2 previous marriages?
By virtue of being "unwed" the mother will have sole custody. Father will have file some type of paternity action.
If there is no child support order and the non-custodial parent takes custody of the children for two monthes does he still have to pay child support?
it depends my dad had to go to court to get rid of child support so if you take it off no he does not if he doesn't then he does have to pay for child support
That does not seem right. The father needs to go back to court and get the Judgement altered so that the mother pays the non custodial support.
Father has full custody of children. Mother pays child support for them. Who is responsible for child care expenses?
The father does, since the mother is paying her share towards the children in the form of child support.
No. This is a frequent misconception and deadbeat dads often threaten this, but child support is NOT payment for rights to the child or visitation with the child. Child support is court ordered payment by one parent to the other for the care of the child. In other words, it is the court demanding th…at a parent fulfill his parental responsibilities, which are required by law. It is irrelevant if he gives up his rights. It doesn't matter if he never wants to see his kids again. If paternity has been established, he still will owe child support in an amount that is based on what he can pay, the child's needs, what money you have and the standard of living the child is used to. And if he is unemployed, a judge will order that he get a job. (MORE)
yes, it is very very important for the child/ children to see their mum/dad whoever moves out because if they dont it will really upset the child/children especiually if they get a stepmum/step dad or even both and it will wreck there childship and if they are small they might even forget their dad/…mum and I know about this because I dont get to see my dad and it is truly heartbreaking really it is (MORE)
Mother has custody of children but they are living with father temporary can he take the child support away?
Perhaps, and probably. As with all such matters, the father or noncustodial parent must petition the courts with regard to changes to the existing order.
Mother has custody of children but they are living with father temporary can he take the child support away even if she is using it on the kids?
generally speaking the only way to stop paying court ordered support is to go to court and get the order changed.
You live in the state of fl and am the custodial parent of your two children There father gave you permission to take the children but only if you drop your child support case can you still leave?
You need to take this to court. The court will or will not give you permission to leave with the children, based upon the evidence at hand.
Child is raised by man for 6 years and not biological fathere does he still pay child support after child is returned to mothers custody?
Yes, dependent on two factors. . In 30 states, where the child has developed a father/child relationship; or. In 20 states where once the man has begun taking financial responsibility for a child, he is obligated to continue that responsibility, regardless of Paternity.. In Missouri, you have tw…o years to challenge responsibility, in accordance with a law passed July 3rd. In January, the Kansas Legislature turned down any law allowing a man to discontinue responsibility, even if he's never had contact with the non-biological child.. See link (MORE)
Is it legal for my childrens father to take one of our two children and now only pay half the ordered child support since he has one of the children?
Barring state laws, only with a court modification. In Missouri you can do so after 30 days.
Generally yes, even if he never got any. Only 7 out of 1000 fathers do.
Yes, and you should file an injunction to have the children returned to the state pending a decision by the court. see link
If the child lives with father but the mother received custody in the divorce does father still pay the mother child support?
If the divorce ordered the father to pay support, he owes that support until/unless the order is modified.
One parent can not take the other parents rights away. The parent has to relinquish their own rights.
I have two children the father has custody of one and i have the other he makes more money than i do can i collect child support i live in Ohio?
Depends on the amount of the difference and any arguments of rebuttable presumption he may have.
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.
Unless the father has his parental rights terminated, of course he needs to support his child -
Can a father that pays child support find those children on his tax return when the mother has sole physical custody?
If the father provides more than 50% of the support for the child, he is entitled to claim the children on his taxes. Consult an attorney or contact Legal Aid (for free or low-cost legal advice)
When two parents split up but were never married what type of custody does the mother have by default if the father has a visitation order and pays child support?
It's all up to the courts to decide. A mother can request full sole legal custody of the child even if the father has visitation rights and pays child support. The mother does need to prove to the courts why full sole legal custody is in the child's best interest.
There are lots of factors involved. What does the court order say? If there is back child support owed, it is still to be paid. The child still needs to be supported, in this case the state may take the money and give it to the foster care or new guardian for the benefit of the child.
That depends on a number of factors beginning with the difference in income. see links below
One does not mitigate the other, so it would be up to a judge to grant both requests.
If there is a Court Order requiring you to pay support and the Mother has violated your time-sharing and contact order by removing the children out of the Country, without your consent, you can request a modification from the Court to abate or modify the child support payments due to the exorbitant …costs of visitation with the children. You could argue that the cost of visitation alone (air fare, hotels, car rentals, food for the children, entertainment while with the children, etc.) will well exceed the child support amount you pay. If you have no contact Order or she had permission from the Court to relocate, you will be required to pay support because regardless of where the children live they still need to be supported. (MORE)
You will need to take this up with the courts to get the original custody order changed.
No, if the mother voluntarily gives cutody to someone else, she can no longer be paid child support because she no longer has custody of the child. What happens now is the father can obtain custody because he does have rights or the person who has custody and have legal guardianship can file for ass…istance in which child support can be included or filed. (MORE)
Yes. Child support is calculated based upon the income of both parents plus the amount of time each parent spends with the child.
Child support is the non-custodial parent's portion of the expenses of the child, including housing, food, clothing and so on. It is up to the custodial parent whether an "allowance" can be paid to the child from the child support amount.
Do you still have to pay child support if one child resides with the mother full time and the other child resides with the father full time?
Depending on the financial situation, you may have to pay child support for the non-custodial child. For instance, if your incomes are nearly the same, perhaps it would be a wash. Remember that child support in most cases still lacks being enough for school fees, special clothing and so on. Keep …in touch with these needs and make sure your child is taken care of. (MORE)
What does the mother do when the father doesn't want to be with his children. He pays child support but does not want to be with the children.?
What a terribly sad situation. There's nothing you can do personally to force the issue. You can file an action against the father in court for failure to adhere to court ordered visitation and he may be found in contempt of court as a result (and fined/jailed as a result) but that would probably on…ly embitter him further. Do you really want to expose your children to that kind of attitude? The father will undoubtedly regret his actions later on, but in the interim, remain supportive to your children and think about some family counseling for you and your kids. It may help all of you cope with the circumstances. (MORE)
In that exact scenario, nothing at all. 'Child Support' is to help pay for the child's expenses, such as food, clothing, education, etc. It is not intended nor expected to be the child's 'spending money', so it's totally fine that the child never gets any of that cash in hand.
Can the mother sign over partial custody of her child to some one other than the biological father without his consent even if he has never seen the child but pays child support?
No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object. No. The father must also consent. The mother cannot "sign over" the child without a court order gra…nting guardianship. The court will require the father be given notice and the opportunity to object. No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object. No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object. (MORE)
Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidel…ines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect. Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect. Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect. Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect. (MORE)
Does a non custodial parent still have to pay child support back payments to the custodial parent after the children have their own families?
Yes, back child support is paid until paid in full, regardless the age of the children. There is NO statute of limitation when it comes to child support.
Joint custody? Sometimes, depending on where you live and the formula used when calculating child support. A lot of factors are taken into consideration when determining child support, including both parents' incomes. Each state follows a different formula to determine support obligations. If par…ents have a child equally, fifty percent of the time, often, a court may not order either parent to pay child support. However, some states may take the child support obligation, determined by the applicable child support formula and divide the obligation in half, thus arriving at an appropriate amount. In other states, child support is calculated based on how many days a child spends with a parent. In some states, after the total support obligation is acknowledged, the parent who has the greater income or share of child support obligation may be considered the "non-custodial parent," and therefore will have to pay that share to the other parent, unless the formula will yield a result that is unfair. If so, in its discretion, the court can order a new child support amount which would be fair to both parents. If you truly mean partial custody, that means that one parent has the child a greater percentage of time and child support obligations would be calculated accordingly for the parent who has the child for a lesser period of time. If you are the parent with less time, you can expect that you will be ordered to pay child support depending on how support is calculated in your state, the incomes of both parents, what other obligations you are ordered to pay, etc. Child support calculation is complicated. Contact an attorney experienced in family law where you reside for help and more specific information. (MORE)
Is the custodial parent can still collect child support back pay even if the children ages are 36 and 34?
The children have been adults for some time. Most likely if the money was going to be paid it would have, so this pursuit of the money at this point is next to worthless. Use your time for other things that are likely to pay off. Answer It is likely the statute of limitations has passed in any …jurisdiction. Courts want lawsuits to be brought forward in a timely manner. (MORE)
Does the mother have the right to demand child support from the father of her children even though she is remarried?
Of course. Even if she is remarried the father is still the father of the children and legally responsible for their support. She should file a petition for child support in the local family court. Of course. Even if she is remarried the father is still the father of the children and legally respon…sible for their support. She should file a petition for child support in the local family court. Of course. Even if she is remarried the father is still the father of the children and legally responsible for their support. She should file a petition for child support in the local family court. Of course. Even if she is remarried the father is still the father of the children and legally responsible for their support. She should file a petition for child support in the local family court. (MORE)
Is the father the only one that has to pay child support if the mothers parents have custody of the child?
No, both biological parents are obligated to care for their child. However, it depends on the circumstances and the court orders in the case.
The situation regarding child support MUST be revisited if the circumstances of the custodial parent change.