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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.

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โˆ™ 2015-07-15 18:32:24
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Q: Can a person who has primary residence in a joint custody be required to pay a child support portion?
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Related Questions

What is a parent of primary residence?

The parent you primarily reside with. The parent with physical custody.

Can you enroll your child in a new school if you have joint custody and primary residence?


Does having primary residence with joint custody automatically mean the parent with primary residence has the final say?

The purpose of joint legal/physical custody is for the parents to cooperate in all decisions, but in the real world this has not happen. see link

What does primary custody mean?

It means one parent is granted physical custody of the child the majority of time (in other words, your primary residence is with that parent). However one parent may have primary physical custody but joint legal custody where the other parent has equal decision making power in the child's life.

What does joint custody with primary residence mean in NY?

It means one parent has greater possession of the child.

Can you enroll your child in a new school if you have joint custody and you are not the primary residence?

You need to discuss that with the other parent.

Is there a difference between primary physical custody and partial physical custody?

Primary physical custody applies to whomever the children live with the majority of the time. Their "permanent residence". Partial physical custody, usually designates the parent who has the children on holidays, summer vacation from school, etc.

Who decides where a child goes to school if there is joint custody in effect?

In the Final Decree of Divorce the Court decided or yourself and your ex agreed who would have primary residence of the child. My advice is to read through your Decree to get answers concerning your child's primary residence. The primary residence will include the school the child will be attending.

How can i have the primary residence changed to me the non custodial parent after signing custody agreement in2002 my son has lived with me.?

File a motion to modify

What are some phrases with the word primary in them?

primary colors primary election primary source of income primary residence or primary place of residence primary function primary caregiver

Can you have joint physical and legal custody?

Yes if ordered by the Judge. But usually they will have a primary residence. Visitation is listed in the order or the other parent. If you don't have an order of custody or it wasn't addressed, you can always file a motion to have it changed.

Does whoever gain the marital residence in a divorce get better chances of getting custody of the child?

Not necessarily. In most cases, the marital residence should be sold as part of the divorce would be equalization of assets and debts. If the residence can easily be kept, then parents should try to amicably work out a shared custody arrangement so the children have equal time with both parents if possible. This means that one residence does need to be deemed the primary, which is what would be on school forms, doctors etc, but that does not change the custody arrangement.

Does joint custody with equal parenting time necessitate a primary residence to be ordered by judges in divorce cases?

no, but there's a better form of it. see link below

Does primary residence with joint legal custody give this parent the right to choose their child school?

The court order should have specified who has the final say when matters cannot be agreed upon by the parents. Often this is the parent that is deemed the primary residence especially if the parents live in different school zones.

Can you use your condo your primary residence for a equity line of credit?

If you live there, of course. If you do not live there, then it is not you 'primary residence'.

How can you get primary custody of your son?

file for custody in court.

Do property taxes go up on your primary residence if you buy a 2nd home?

They are independent properties and there should be no effect on taxes on the primary residence as long as it continues to meet the requirements for a primary residence.

What percentage of parents diagnosed with a mental health condition lose custody of their children?

There's no program in place to track the various reasons for a CHANGE in the primary residence of the child.

What legal steps are to be taken when a child leaves his mothers to have primary residence with his dad?

You need to return to the court that issued the original custody and child support orders and file a modification.

Can a house with a second home mortgage become a primary residence?

Yes. The designation as primary residence is irrelevant to the number of mortgages.

How long after move to Tennessee before I am required to change over driver's license?

IIRC, within 30 days of having established residence in that state (ownership of property which serves as a primary residence or employment).

If you travel the states for 2 years do you need to change your auto insurance in each state or do you continue to use your original insurance?

You are required to maintain your auto insurance in your state of primary residence. It will follow you when you travel or visit other states. The key here is "Residence". If you take up residence in any of the states that you travel too, then you are required to notify your insurer and change your insurance within 30 days of taking up residence. You are also required to obtain a drivers license in your new state of residence within 30 days.

How can you get primary custody of your child?

Prove that the other parent is not fit to have custody of them.

What is primary custody?

Primary custody is generally defined as belonging to the parent with whom the child or children reside with the majority of the time. It does not mean that it cannot be a joint custody arrangement as well.

If you are 16 and want to get married do you need both parents' permission or only the one with primary custody?

Yes, Primary is all that is required if Parents are Divorced and custudy is in one or the other parent.