Children and the Law
Child Support

Does non-payment of child support help the custodial parent retain custody if the non-paying parent tries to gain primary custody in court?


Top Answer
User Avatar
Wiki User
2015-07-15 21:37:43
2015-07-15 21:37:43

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.


Related Questions

User Avatar

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

User Avatar

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.

User Avatar

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.

User Avatar

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.

User Avatar

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

Copyright © 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.