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Do the courts automatically file for child support or does the custodial parent?
Wiki User
Answered 2011-09-03 12:22:50
The custodial parent must initiate a petition for child support either through an attorney or for themselves.
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Can non custodial parent lower child support arrears in California?
Only with the agreement of the custodial parent/obligee (which may include the State), and the courts.
How come a father has to automatically pay for child support and a mother may not if the father is the custodial parent?
A custodial parent may have to pay child support if his income is significantly higher than that of the non-custodial parent based on the non-custodial parent's "parenting time" percentage.
Can a custodial parent move the children out of state without the non custodial parent's consent in the state of Georgia?
Not if the non-custodial parent have visitation and pay child support. Then his and the courts consent is needed.
Does the non-custodial parent need to have insurance on the child when paying child support in Texas?
Yes, if it is so ordered in the child support agreement. If the parent loses their insurance and the custodial parent has the ability to insure the child - it will be possible for the state to order the custodial parent to do so. This may change the amount of support the non custodial parent pays - it is entirely up to the whim of the courts.
In the state of Texas if you are seventeen and your parent is receiving child support does the child have to live at home for parent to continue child support?
Yes. Child support is for the "custodial parent". If you are not living at home with your custodial parent, then they are no longer eligible to receive child support. However, the non-custodial parent can request a modification if the child is no longer living with the custodial parent and that includes a change of custody. A 17 yr old is not emancipated in Texas, unless proper procedures through the courts have taken place. If that is the case, then the custodial parent and child are no longer eligible for child support.
Does a non custodial parent have to pay child support to primary custodial parent if the custodial parent is uneployed?
Yes, you do have to pay child support.
Does a non custodial parent who does not work by choice still have to pay the custodial parent child support?
In such a situation, the courts may order the NCP to look for work and to report on her/his progress.
Can custodial parent suspend child support order?
Only through the courts, and provided Welfare is not involved.
If a mother has full custody can the father file for child support?
No. If the mother has full custody, the father must pay child support to the mother who is supporting the child. Put simply, the non-custodial parent pays child support to the parent who does have custody.If the custodial parent makes significantly more than the non-custodial parent, the court will not order the non-custodial parent to pay the custodial parent. There are formulas for each state and county that the courts follow. There are also circumstances that do not follow typical guidlines.
Is unemployment of the custodial parent used to determine child support?
No. Support amounts are based upon the income and assets of the non custodial parent. The amount is not increased because the custodial parent is not employed because the money is for the support of the child not the custodial parent.
Does non custodial parent have to pay child support if the custodial parent doesn't want it?
Well no, but if the custodial parent need benefits or financial support form the state the non-custodial parent will be asked by the state for child support. Parents are first responsible to support their child.
Are both unmarried parents required to pay child support in Mississippi?
The non-custodial parent will be required to pay child support.The non-custodial parent will be required to pay child support.The non-custodial parent will be required to pay child support.The non-custodial parent will be required to pay child support.
Can the custodial parent have the child support set higher or lower than the court has ordered?
Parents do not set child support; courts set child support.
If parent is no paying support do the children have to go with him?
First thing..in Indiana...most courts view support and visitation as two separate issues. If the support is required through the courts the judge will ask what the visitation is at that time. However, if the non-custodial parent wants to get visitation without the custodial parents agreement, the non-custodial parent will have to file a request with the court and have a judge issue visitation. If there is no visitation order in place by a judge/court, the custodial parent has no legal requirement to permit visitation. I have dealt with this issue personally as well as my sibling, me being a custodial parent my sibling being a non-custodial parent. So I have seen what happens from both sides. Basically if it something isn't ordered by a judge/court, there is no legal requirement to do visitation or support.
What constitutes custodial parent in reference to child support?
The custodial parent is the parent with custody/guardianship of the child.
Does the custodial parent have to work to get child support in Virginia?
No, the custodial parent does not have to work to get their support. The support goes from the child's other biological parent.Ê
Do you still pay child support if the custodial parent left the state with out permission of the non custodial parent?
Yes, however, you possibly have recourse if soon after the custodial parent leaves, you file a modification with the court. If the parent left with the child without the court's permission, some courts will require that they return with the child.
If a non-custodial parent refuses to pay child support can the custodial parent stop visitation?
custodial parent should take it to court. if the custodial parent keeps the child away from the non custodial parent then the custodial parent could do jail time
If a teen emancipates in NC does the teen automatically receive the child support that was awarded to his custodial parent?
No. Once a child is legally emancipated, the parent is no longer obligated to pay child support.
Can a non-custodial parent of oregon prevent the sole-custodial parent from moving out of the state of oregon with child?
If he has court ordered visitation and pay child support she will need his and the courts permission to move.
What if a non-custodial parent is paying child support to a custodial parent for a child who does not even live with the custodial parent?
Contact your child support office or court that issued the child support order and request a modification of the child support order.
Does a non-custodial parent have to pay child support if all children live with them and not the custodial parent?
In Massachusetts: If there is a child support order (issued by the court) then the 'non-custodial' parent will have to pay child support to the 'custodial' parent until the child support order is modified by the court. Even if the kids actually live with the 'non-custodial' parent, that parent still has to follow the current court orders, no matter how unfair. If the kids are living with the non-custodial parent, though, it shouldn't be too difficult to go into court and get the child support order changed.
Can a non custodial parent get custody of a child when child goes and lives with non custodial parent?
If the child goes to live with a non custodial parent, then the non custodial parent has custody. If you are asking about legal custody, the non custodial parent would have to petition the courts to change the custody order.
What are the advantages to having been granted primary residence in a child custody case?
The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.
Do the non-custodial parent have to pay child support if he or she gives full custody?
If the non-custodial parent becomes the custodial parent they do not have to pay child support. It's the non-custodial who pay to the custodial who is the one who takes care of the child every day.
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