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.
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.
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.
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.
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.
All biological parents are legally responsible for the financial support of their minor children regardless of the circumstances. The issue of not having custodial rights and being in college is not relevant to the court when a support order is issued.
Probably not - in general, child support is a percentage of the obligor's net income.
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.
Petitions (lawsuits) can be filed to modify a current child support order either by the custodial parent or the obligated parent.
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.
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.
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.
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.