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This often happens when one ex is angry with the other and it's not about the children at all, but a control issue. Your ex wants to hurt you and the best way to do that is through the children. If he is not paying child support and you have records, then yes, you can go to court and win. He's blowing wind up his kilt if he thinks he can win this one! Go for it!

Good luck Marcy

Thanks for the reply and support Marcy. I would like to clarify, not that it is a big deal other than it may give support to others, that I'm a single father and have primary custody. My ex-wife is ordered to pay child support ($650/month) and she currently owes over $10,000. The money is not near as important to me as keeping primary custody of the kids. I would rather her not pay if it helps my case in court, in the event she tried to get primary custody. I have been told that she can�t even take me to court if she owes child support but that is not true.

She can file for custodial rights. However the judge is going to want a very good explanation and proof of why she has defaulted on her support obligations. order. It is possible depending on circumstances, she can be held in contempt for non compliance to a court order. The possiblility of her receiving custody is not likely, unless the court receives substantial proof that the well-being of the child/children is in jeopardy.

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โˆ™ 2015-07-15 21:37:43
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Q: Does non-payment of child support help the custodial parent retain custody if the non-paying parent tries to gain primary custody in court?
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Related questions

What does primary custodial parent mean?

A primary custodial parent is someone who is given physical and/or legal custody of a child by a court order.


What is the standard visitation for the non custodial parent if the custodial parent has primary physical custody in Tennessee?

SEE LINKS BELOW


If your child lives with you but you share legal custody with the other parent are you the custodial parent?

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Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?

In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.


Does a parent who has primary physical custody have to pay child support if the child moves in with the non-custodial parent?

yes..


If one parent has primary custody and the other parent has visitation which one is the custodial parent?

The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.


What can you do to prove that you are not an unstable mother and to keep primary custodial parent with joint custody in Illinois?

That is dependent of evidence. Consider counter filing for Bird Nest Custody. See link


You have full physical custody of your daughter and you have joint legal custody can you move out of state without his permission?

No If by moving the party means a move within the jurisdiction of the court that mandated the custodial order, then yes, you may relocate. If the question refers to relocating outside of said jurisdiction, the primary custodial will need the written notarized permission of the non primary custodial parent and/or permission from the court.


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 is primary legal custody?

Primary legal custody means the parent/person with whom the child lives can make all the decisions concerning the child such as schooling, medical care, etc. unless the custodial order deems otherwise.


Can a custodial parent in a joint legal custody arrangement gain primary physical custody of the child if the noncustodial parent violates visitation agreement by taking the child over several days?

No


What does it mean to have primary physical and legal custody?

You have sole legal control over the child, the child lives with you and the non-custodial parent has visitations.

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