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Answered 2011-01-21 16:30:37

In general, support is a percentage of the obligor's net income and is not affected by the custodial parent's income. A custodial parent who petitions for an increase in support would presumably have to explain to the court why s/he quit working.

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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 it illegal to make the custodial parent pay child support?

It's rare for the custodial parent to have to pay child support, but it does happen. It usually only occurs in one of three situations: 1. The custodial parent makes significantly more than the non-custodial parent. 2. Parenting time is split 50/50 (or close to it). Or 3. The non-custodial parent is paying additional expenses for the child, such as high health-care premiums or child care costs. Your state may have other exceptions to the rule, but yes, exceptions do exist and the custodial parent is sometimes required to pay child support to the non-custodial parent.

Does a non custodial parent pay child support while he or she attends college?

Does the non custodial parent have a job, even a part time job? If not, how does the non custodial parent support themself and pay for tuition? Does the custodial parent make a good income? These are only some of the things a judge will consider when making that ruling, so it's about a lot more than just being in college.

Can a single parent ask for more child support if the other parent is remarried?

Yes. Marital status of a non custodial parent has no bearing on the amount of child support he or she is required to pay.

Can the father keep the child away from the mother if she has full custody?

No, of course not. If the non-custodial parent is keeping the custodial parent from the child then the custodial parent needs to get moving and take the matter to court immediately. The custodial parent also needs to get some counseling so that she can assert her rights more effectively and be a better parent for her child.

Can i claim my son on my taxes and i pay child support but haven't seen my son all year?

In order to claim someone as an exemption the IRS says that you must provide more than half of that person's total support in a calendar year. A special rule was created by the IRS in order to resolve the question of dependency and who gets the exemption.The rule states that the parent who has custody for the greater part of the year is the custodial parent and that the parent will be treated as the person who has provided more than half of the child's support. In other words if your ex-spouse pays more toward the child's expenses than you do but you spend more time with the child and are responsible for the majority of child care you will get the child dependency exemption. You, the custodial parent who spends the most time with the child can claim the child as your dependent.The non-custodial parent can claim the exemption if both parents agree and the following criteria are met:A written agreement signed by the custodial parent stating that he/she will not claim the child as a dependent.A final decree of divorce that states the custodial parent will not claim the exemption for the tax year and the non-custodial parent attaches the appropriate documentation to his/her tax return.A final decree of divorce that provides for the non-custodial parent to claim the child as a dependent along with a statement that at least $600 was in fact given in support to the custodial parent.The non-custodial parent must fill out a form 8332 from the IRS. The custodial parent and non-custodial parent must both sign the form and then it should be attached to the non-custodial parent's tax return.

Does the custodial parent have a say in the amount of child support?

Tipically, no! The amount is calculated and based on the income of the other parent. If you have an additional information on the other parent making more money and the court needs to know about it, you have the right to contact the court and request an investigation and modification of the child support payment.

If custodial parent get social security disabilty will she get more in child support?

Probably not - in general, child support is a percentage of the obligor's net income.

Can a request be made for more child support if there is already a court order?

Petitions (lawsuits) can be filed to modify a current child support order either by the custodial parent or the obligated parent.

Can your ex-wife take you back to court for more child support three years after the divorce?

Yes, the support figure is not set in stone. If there is a significant change in the income of the support parent or increased expenses on the part of the custodial parent the matter can be re-opened and the custodial parent can petition the court for a change in the originally awarded figure.

If the father is custodial parent and the mother loses her job do to her own actions and cant get unemployment can she get child support based on no income when she is capible of making more money?

Child support is for the custodial parent.Be warned though that courts have ordered custodial fathers to pay when the mother make considerably less. This is most common in California.

What if custodial parent and non custodial parent claims kids on tax return but it was non custodials turn?

Either or both parties will have a problem with the IRS. In order for a parent to claim a minor child as a dependent he or she must have contributed more then 50% (51% or more) of income required to support the child.

What if parent paying child support earns less than parent receiving support?

This is dependent on the custody arrangments, but even sole custodial fathers are often ordered to pay. More of then pay than the total number of non-custodial mothers paying, with out without orders.

Non custodial parent becomes stay at home mom is the child support based on second spouses income?

In most states when the non custodial parent is not working the child support is figured as if they were working. Sometimes it is figured at minimum wage and a 40 hour work week. Sometimes higher if the non custodial parent was making substantially more than minimum wage before.

Can you get more child support if other parent doesnt see child?

In general, child support is based on ability to pay, not other factors such as whether the non-custodial parent is involved in the child's life.

Can you leave the United States and return if you owe back child support?

If the non custodial parent owes more then $2,500 in arrears he or she will not be able to obtain a passport. If the non custodial parent already has a valid passport they will not be denied the right to leave the country but may encounter problems on their reentry if a warrant has been issued.

Does a non custodial parent have to continue to pay child support if the child visits the non custodial parent for more than thirty days consecutively?

Child Support is the key word.Usually paid monthly. So if you take custody for 30 plus days in a row, Pay Yourself

How does back child support and income taxes work?

State and Federal tax agencies interact with all US state child support enforcement agencies. When a non custodial parent who is negligent in child support obligations files taxes the return will be "flagged." If the parent owes more than $500 to the custodial parent or legal guardian or more than $150 to the state's child support agency the refund will be seized and the filer will be notified of the action.

Can the custodial parent have the noncustodial parents disability check garnished for child support if they were never married?

Child support needs to be decided on by the court. In most cases, the noncustodial parent is responsible for something. If the custodial parent makes considerably more than the noncustodial parent, monies many not even be exchanged. To resolve this issue, it is best to file papers at your court house.

Can the parent without physical custody claim the child on their tax return because he pays child support?

That issue is affected by state laws and court orders and separation agreements. You need to find the answer before claiming the child. In some states the working custodial parent has the right to claim the child as a dependent regardless if the non-custodial parent pays child support in recognition that the parent with custody generally spends more time and money on caring for the child.

If one parent is ordered to pay child support do they have to continue to pay for a child that stays over a boyfriends house more then with the custodial parent?

Yes, you are paying child support because it is yourduty/obligation to provide for support your of child.You seem to be wanting to shift your responsibility for supporting your child onto your daughters boyfriend and this is not possible as, until your daughter is an adult, responsibility for her remains with you and the custodial parent.

What rights does a non-custodial parent have to prevent the custodial parent from moving?

This is definitely a matter that needs to be discussed with an attorney. If there is already a child support and visitation order in place the custodial parent will need to file a motion to get the court's permission to move the child out of state. The court will make a determination that is in the best interest of the child. It will consider how visitations will be arranged and how they will be paid for so as not to cause financial hardship for the non-custodial parent. If there is no prior court order and the non-custodial parent has not been paying child support nor spending time with the child the custodial parent can try relocating. However, there is always the chance the non-custodial parent will seek rights and it may be more expensive later on to address this issue. You should seek the advice of an attorney who specializes in family law in your state who can review your situation and explain your options.

If a custodial parent moves out of state for more than 30 days and leaves her 16 year old to fend for himself does the noncustodial parent have to continue to pay child support?

Yes. A different view: If the custodial moves out of state and abandons a minor, then the custodial parent should be charged with endangering a minor, child abuse and neglect. Then the non-custodial parent should be given full custody of the minor child, and should then sue the parent who abandoned child for child support. There is never any reason or excuse for a parent to abandon a minor child, and leave them to "fend for himself". That is child abuse, child endangerment and neglect.

Can a custodial parent get more child support when their teenage children choose not to visit their non-custodial parent?

No, visitation and child support are 2 separate entities. The only way this would affect your support amount is if you are set up with 50-50 custody and the child stops going to the other parents house and you take them to court to get primary custody.

Can you move to Canada from the United States with your children if you have full custody?

If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.

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