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Answered 2010-02-10 05:42:29

Yes, if he has the child 51% of the time.

Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent.

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No. That is not up to the child. If child support payments are in arrears, it means that the custodial parent was not receiving the child support as provided in the child support order issued by the court and the non-custodial parent was in contempt of a court order. The arrears are also set forth in a court order. The funds are owed to the custodial parent. Therefore, the debt cannot be "forgiven" by the child even if they are an adult.


Technically arrears cannot be waived. However, a custodial parent can fill out a form stating that no child support is due.


Generally, arrears are owed to the custodial parent unless that is changed by a court order.Generally, arrears are owed to the custodial parent unless that is changed by a court order.Generally, arrears are owed to the custodial parent unless that is changed by a court order.Generally, arrears are owed to the custodial parent unless that is changed by a court order.


There are tax forms which will allow you to claim the child on your taxes with the custodial parents permission. However, if you are in arrears the state will likely seize your tax return and give it to the custodial parent. It should be noted that the parent who can claim is not based on custody, but by time spent with the child.


No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.


Child support arrears do not go away. They must be paid and the custodial parent should be persistent in following up through the court.Child support arrears do not go away. They must be paid and the custodial parent should be persistent in following up through the court.Child support arrears do not go away. They must be paid and the custodial parent should be persistent in following up through the court.Child support arrears do not go away. They must be paid and the custodial parent should be persistent in following up through the court.


Only if the custodial parent agrees to the modification.


No. Child support payments must be paid to the custodial parent. The obligor should always make payments to the custodial parent by check and maintain a record of payment. Child support payments should never be made in cash.



Only with the agreement of the custodial parent/obligee (which may include the State), and the courts.


Child support arrears do not go away. The custodial parent can continue to pursue arrears until they are paid off. State Child Support Enforcement can take your tax refund if you owe child support.Child support arrears do not go away. The custodial parent can continue to pursue arrears until they are paid off. State Child Support Enforcement can take your tax refund if you owe child support.Child support arrears do not go away. The custodial parent can continue to pursue arrears until they are paid off. State Child Support Enforcement can take your tax refund if you owe child support.Child support arrears do not go away. The custodial parent can continue to pursue arrears until they are paid off. State Child Support Enforcement can take your tax refund if you owe child support.




No. If there were arrears in this case it was owed to the custodial parent. The child does not get child support or arrears.


No. That authority is not given to a custodial parent. Child support and visitation are two separate issues. The custodial parent must pursue contempt of court charges in order to collect arrears. She cannot refuse to follow the visitation order.No. That authority is not given to a custodial parent. Child support and visitation are two separate issues. The custodial parent must pursue contempt of court charges in order to collect arrears. She cannot refuse to follow the visitation order.No. That authority is not given to a custodial parent. Child support and visitation are two separate issues. The custodial parent must pursue contempt of court charges in order to collect arrears. She cannot refuse to follow the visitation order.No. That authority is not given to a custodial parent. Child support and visitation are two separate issues. The custodial parent must pursue contempt of court charges in order to collect arrears. She cannot refuse to follow the visitation order.



In California, each county has a district attorney's office which collects child support payments (both current and arrears) from the non-custodial parent free of charge. These offices are funded through tax dollars, not incentive payments or grant monies.


No, they are separate issues. If the custodial parent stops visitations they would be in violation of a court order. The custodial parent must address the child support arrears as a separate matter by filing a contempt order with the court.


You have the same chance you had before. Child support and custody are 2 different cases in court.


No. She has no legal responsibility to support the children. Only the biological parents have any responsibility for child support.


No, not unless they are specifically addressed in the child support order. The obligor does not have the right to designate where child support payments will go. They are to be paid to the custodial parent. Any other payments will be viewed as voluntary or gifts.No, not unless they are specifically addressed in the child support order. The obligor does not have the right to designate where child support payments will go. They are to be paid to the custodial parent. Any other payments will be viewed as voluntary or gifts.No, not unless they are specifically addressed in the child support order. The obligor does not have the right to designate where child support payments will go. They are to be paid to the custodial parent. Any other payments will be viewed as voluntary or gifts.No, not unless they are specifically addressed in the child support order. The obligor does not have the right to designate where child support payments will go. They are to be paid to the custodial parent. Any other payments will be viewed as voluntary or gifts.


The custodial parent can take you to court for contempt and the court can issue a new order for payment of the arrears. At the request of the custodial parent, the state may take various actions to collect that support, such as asking the courts to put you in jail for contempt, taking your tax refund or serving a wage assignment on your employer. You should be making payments against the arrears. You may be able to negotiate a cash settlement for a lesser amount if you can borrow the money to pay the arrears. For example, the custodial parent may agree to accept $15,000 if paid immediately.


If the custodial parent moves out of state from where child support is issued do you still have to make payments to that state if the custodial parent lives in another state?


Yes..by all means yes they can. If the custodial parent no longer wants child support from non-custodial parent the custodial parent must petition the court to end the order. The order must be signed by a judge. However ended the support will zero out any late payments also.




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