Yes, however if the parent has no source of income while in jail, the payments may be deferred until the parent is no longer incarcerated. They will accumulate however and the parent will be responsible for paying them once they are out of jail.
The one who would be responsible for the child during that time which would be the non custodial parent.
As it is normally a part of the child support order, the custodial parent would.
Nothing. Not very helpful or necessarily true.
i am a custodial parent in Michigan. I've been to court to fight it, but unfortunately it is law that if the noncustodial parent is incarcerated they do not owe child support for the time that they are locked up. but if they owe back child support then you can seize anything they own.
The non-custodial parent should file a motion in the court with jurisdiction (where the child resides) for contempt of court on the part of the custodial parent. If the contempt continues, the custodial parent may be fined, jailed or custody modified to favor the non-custodial parent.
Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.
It is not the custody agreement that determines who is qualified to claim the children as a qualified child dependents on a income tax return.Go to the IRS gov web site and use the search box for Publication 17 go to chapter 3Qualifying ChildResidency Test Rule 3Children of divorced or separated parents or parents who live apart. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.Custodial parent and noncustodial parent. The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.Equal number of nights. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.You can click on the below related link for more information and examples.
Yes, but that is not the end of the story.The divorce decree can specify who gets to claim the dependent exemption for the child for income tax purposes. However, there is a specific attachment the noncustodial parent must file with his or her tax return each year to claim the exemption.In general, the IRS allows the custodial parent to claim the dependency exemption. The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent. If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater part of the rest of the year.The rules as to when the noncustodial parent can claim the exemption changed effective for tax years beginning after July 2, 2008 (the 2009 calendar year for most taxpayers.)POST-2008 DECREE OR AGREEMENTFor divorce decrees that went into effect after 2008, the custodial parent must sign Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent(or a similar form,) and give the signed form to the noncustodial parent to release the exemption. The noncustodial parent must attach that form to his or her tax return to claim the exemption that year.The noncustodial parent can no longer attach certain pages from a divorce decree or separation agreement instead of Form 8332 if the decree or agreement was executed after 2008.The custodial parent can specify on Form 8332 the release applies to only the current tax year or all future tax years. To help ensure future support, you may not want to release your claim to the exemption for the child for future years.POST-1984 / PRE-2009 DECREE OR AGREEMENTIf the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can still attach certain pages from the decree or agreement instead of Form 8332.However, the custodial parent who gave up the exemption via the divorce decree does not appear to be without recourse. See "To revoke a prior release of exemption" below.PRE-1985 DECREE OR AGREEMENTThe rules are again slightly different if the divorce decree or separation agreement went into effect before 1985. See the instructions for Form 8332 if that applies to your situation.TO REVOKE A PRIOR RELEASE OF EXEMPTIONForm 8332 can also be used to revoke a prior release of exemption. The revocation is effective no earlier than the tax year beginning in the calendar year following the calendar year in which the custodial parent provides, or makes reasonable efforts to provide, the noncustodial parent with written notice of the revocation.For example, if the custodial parent provides notice of revocation to the noncustodial parent in 2009, the earliest tax year the revocation can be effective is the tax year beginning in 2010. You can use Part III of Form 8332 for this purpose.You must attach a copy of the revocation to your return for each tax year you claim the child as a dependent as a result of the revocation. You must also keep for your records a copy of the revocation and evidence of delivery of the notice to the noncustodial parent, or of reasonable efforts to provide actual notice.
Have your attorney issue a document subpeona to the carrier to get proof of the coverage. Can you still subpeona if the rights of the noncustodial parent have been recently terminated? The information requested would only be during the time frame that rights were effective to prove that the custodial parent had insurance coverage that she failed to relay to domestic relations.
There are instances where the parties have agreed to vary the amounts during longer visitation periods such as summer break and extended vacations since the day-to-day expenses such as food and entertainment will shift from the custodial parent to the non-custodial parent during these visits.
This could be considered interference and abusive, but the issue will need to be raised with the courts.
that parent see my profile