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Children and the Law
Child Support

Do you have to pay child support while caring for your child?

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2015-07-15 21:49:51
2015-07-15 21:49:51

If there is an order through the courts for you to pay child support...then you must pay child support! If circumstances have changed since the last order was made by the court, you need to go back to court and have the support and custody orders modified.

If you just don't want to pay child support because you have possession of the kids for the month of July...that is too bad. You are still not the custodial parent and you are still ordered to pay child support. Child support was designed to allow the custodial parent to maintain a certain way of life for your child...and even though your child is with you for visitation doesn't mean you aren't still responsible for providing the support the court ordered.

It will depend on the jurisdiction and the manner in which maintenance is calculated. In my case the mother and I share the total combined costs of our daughter in proportion to our incomes. It works out that I pay 60% and she pays 40%. That applies whether our daughter is resident with me or with her mother.

In California, as well as several states, visitation and access time is considered a deductible item in the calculations for child support. The drawback of this is that the custodial parent will deny the other parent access for some period of time, than file for an increase in support.

In other states, for extended Summer visitation, this is often figured into the calculations, than the payment averaged out, however it is not mandatory and depends on whether your attorney raised the question. For this, you will need to check your case file to see what was considered. Talk to the Clerk of the Court about that. While you're at it, purchase a copy of all the relevant material, including a new copy of your custody orders, for your personal files. You should check this file yearly.

In states like Missouri, when you've had the child for 30 days, you can request the child support stop. The drawback of this is that visitation is never set for longer than four weeks.

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When the obligor parent is a minor and cannot pay. This is the case with a 12 year old Ohio boy who got a 19 year old pregnant. While she served time in jail, he or his parents must pay $50 a month in child support to the maternal grandparents who are caring for the child.

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Yes. Being in jail does not get you out of paying child support. You will owe and pay when you get out.

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Only if you are found to be a unsuitable parent. Regardless of who has them you still have to pay child support. If you mean that you support your parents, that is optional while child support is not.


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