Support and Custody are separate. So yes if you are behind on child support you can still petition the court for joint legal custody. You would need to show some significant change in circumstances from when the current custody order was entered. However, your failure to pay child support would not compel the judge to rule in your favor since you have shown yourself to be unreliable, irresponsible and in contempt of a court order.
You will have to explain your failure to pay court ordered child support to the judge. The amount you owe doesn't go away. Back child support can be taken out of your wages or out of your tax return.
Anything can happen when it pertains to custody disputes. In general a parent who has not exhibited acceptable financial and societal behavior concerning their children will not be looked upon favorably by the court. Given the noted circumstances it is highly unlikely the court would award joint custody until the parent establishes a history of responsible behavior.
Unwed, married and separated or divorced - ANY mother can be liable for child support depending on her financial situation and who has primary physical. Child support is decided in most cases based on a formula. The parents' incomes are totalled (say 600/week and 1000/week=1600/week) and then a percentage is factored as the estimate of what you should be devoting to your children. So 1 child = 30% of your income = $480 if your combined income was $1600. Now in this case the parent making $1000 contributes 62.5% of the total income of the parents, so that parent contributes 62.5% of the $480 = $300 - the other parent contributes $180. If the parent with primary physical custody is the parent making $600/week then child support of $300/week or $1200/month would be the award in this formula. If the other parent has the primary physical custody, the child support award would be $180/week or $720/month. It is a common misconception that the parent who makes less cannot be liable for support. Not all cases are decided on these types of formulas and especially when there are lawyers for one or both parents other factors may come into play. This formula and these calculations are an example and not representative of the actual amounts or percentages the law dictates for child support in any particular region. To find out the actual formula you will need to contact a lawyer, look up your state and local laws, or contact the family court in your region.
It is unlikely.
See Link BelowChild Support-Contempt Of Court for Non-Payment?
See Link BelowChild Support-Contempt Of Court for Non-Payment?
Someone is in violation for non payment.
It depends on the court and the persistence of the custodial parent. The custodial parents who are the most aggressive about pushing the court to enforce child support orders get the most results. Jail time results when the obligor refuses to payand not if they are trying to pay and have arrears.The legal basis for incarceration for non-payment of child support is contempt of a court order. The non-paying obligor can also be denied a passport and any type of license if they fall behind or refuse to pay child support payments. An arrest warrant for child support follows the defendant everywhere in the United States pursuant to the Uniform Reciprocal Enforcement and Support Act. Tracking utilizes the social security number.
you go to ur lawyer and they will give you paper work to fill out and when you fill that out you will have a day to show up in courtI suggest that you contact your State's child support agency. When you get an interview with them, bring all the papers relating to your child support: birth certificates, acknowledgments of paternity, court orders, payment records, etc. Be polite but persistent. Good luck!
Yes.
See Link BelowChild Support-Contempt Of Court for Non-Payment?
Either scenario is possible.
You don't go to jail for non-payment of child support. It's for contempt of court, so it's up to the judge.
See Link BelowChild Support-Contempt Of Court for Non-Payment?
no
no
Non-payment of child support is a civil offense. You cannot be arrested for violation of a civil law. However, the court CAN issue an "attachment" for you, and have you brought to court. Depending on the state, you could be found in wilfull violation of the support order and be charged criminally which could carry jail time.
You don't go to jail for non-payment. You go to jail for contempt of a court order. You would need to appeal the court for clemency.
No. She has no legal responsibility to support yourchild.She may voluntarily choose to pay it as an alternative to having her husband sent to jail for non-payment, of course.
Someone is in violation for non payment.
Most courts just garnish wages, but repeated non-payment or willful avoidance can result in moderate jail time.