Family Court when deciding issues such as child support, takes many factors into consideration. Where the child(ren) live for the majority of the time. Which parent has the largest expendable income. How joint custody is set up. For instance, if the child(ren) live with you during the school year. But, with the other parent during holidays, summer vacation, etc. Each parent could be liable for paying support for the length of time the child is in their care.
Often, yes. Even tho the parents have joint custody it is usually the case that one parent has primary responsibility for the child's day-to-day care.
Fathers are frequently ordered to do so there, despite having primary custody. see link below
If you have primary physical custody you are entitled to support. How much support is figured in a formula based on how much money each of you makes and how many days (or overnights) each of you has time with the child. Depending on the state, if the child stays with the other parent over a certain set amount of time, then that parent is responsible to pay less child support. Most states are trying to push joint physical custody where the child spends 1/2 to 2/3 of the time with the primary caretaker and the rest with the other parent.
He may be. It will be determined by a court if he decides to take it up with the state. If you have custody, was there a stipulation regarding child support? If there was a divorce agreement it may state the stipulations regarding support and custody. If the custodial parent is giving up physical custody of the child to the previously non-custodial parent then child support may be changed.
Certainly some evidence of responsibility (ie paying child support, job, time spent with the child) would help your case. Joint custody, however, is not just for the purpose of reducing child support; infact the child support you pay is nowhere near what it costs to raise a child. Consider the ramifications of your sharing custody--what is in the best interests of the child??
My answer to that would be 'No'. The father is responsible for providing child-support regardless of who has custody of the child; at least until the age of 18.
Fathers are frequently ordered to do so there, despite having primary custody. see link below
yes..
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.
The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.
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.
Anyone with a child living with him/her should have legal custody of that child - it can avoid all sorts of problems with the child's education, medical care, etc.
It would be based upon which parent has primary physical custody.
You must have legal custody in order to request a child support order from the court.You must have legal custody in order to request a child support order from the court.You must have legal custody in order to request a child support order from the court.You must have legal custody in order to request a child support order from the court.
No. Custody means the child lives with you. Support means you are paying the parent who has custody.
Determining child support has only one goal which is to determine medical, financial and daycare support. Custody is NOT determined when child support is established. To establish child support you have to go to court. Otherwise if the mother was unwed and paternity/custody is not established she automatically has sole custody which entitles you to pay her child support but you are not entitled to visitation, school/dr records etc unless she gives them to you... If custody is not established then the mother has custody
It depends on the type of joint custody. Custody is broken down into two subcategories- legal and physical. Legal custody is the ability to make decisions concerning the child and to act on the child's behalf. Physical custody is who the child lives with. Typically unless the child spends exactly 50 percent of the time with each parent, one parent is considered to have primary custody and the other parent to have secondary custody or visitation rights. Child support is based on who has primary physical custody, and that parent is typically awarded child support from the parent who has the child less since having the child more usually means that you provide for more of their needs as well.
If the courts grant legal custody, the custodian shouldn't have to pay child support.