Custody
Children and the Law
Child Support

Does the non-custodial parent have to pay child support while the child lives with him for 3 months of the year?

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2014-05-14 15:31:03
2014-05-14 15:31:03

Child support is normally calculated for the entire year based on a formula that already takes into account the parenting time the non-custodial parent and then is spread across the entire year. So the non-custodial parent has already received a credit for those three months of parenting time.

This was a question raised during the seminar I attended for separate and divorcing parents, and the answer is "yes." Child support is just that, support. Often times the cost of raising a child is more than double the amount received in child support. Child support and visitation are independent of each other. If you fail to pay support, visitation can not be witheld. Likewise, if you pay child support, you don't automatically have the right to visitation. If both parents are agreeable with each other, they may make a written agreement between themselves for no child support to be paid during that period of time. But, legally, the non-custodial parent is still obligated to pay child support during the extended period of time the children are in his/her care.

One option a non-custodial parent has is to pay more in the months when the child is not in his care (in this case spreading the three months of payments over the othe nine months and adding it to the among already paid) but this must begin the month after the three motnhs ends or the non-custodial parent will accumulate an arrearage. Again this is fair because the parenting time of the non-custodial parent with the child should already be accounted for in the calculations. If they are not, the non-custodial parent can file to adjust the child support based on the fact that their parenting time would reduce the child support substantially (obviously this varies from state to state).

In some states there is a percentage of time that a child lives with a parent to consider non-payment for that time. In some states a child has to live with the parent 65% of the time to receive child support if the child does not live with you for that amount of time you cant get support. In some states child support is considered repayment of past costs. You would have to ask a lawyer or research the child support laws for that state.

Of course the non-custodial parent has to pay if it is the man. Frequently, even if the kids live with the man full time he will have to pay. If a man is able to afford to go back to court to try to get custody awarded to him and he is successful, then he may have a chance at having child support reduced, rarely ended. And, the court will even more rarely order the woman to pay child support to a man, or enforce it if it does.

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Related Questions


what if the noncustodial parent still reside with the custodial parent, is noncustodial parent still obligated to pay childsupport

... have to [pay] child support - yes, until/unless the child is adopted.

Yes, as an adult you can sue a noncustodial parent for back child support. However it is a different story if the noncustodial parent has never been ordered to pay child support. You can still sue them for a percentage of their assets. I am currently working on a case in which my client is sueing his father for 15 years of back child support. Any divorce lawyer can handle this case for you.

Yes. The marital status of the custodial parent change does not change the obligation of the noncustodial parent.

Child support in Ohio usually continues until the child is 18, and up to the age of 21 if the child is in school. Whether or not you have to pay child support if the child is living with the noncustodial parent depends on the support order that it is in place Typically you can expect that you will have to expect to pay support.

If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.

Six months after graduation in those few states that require child support into the college years.

No. Your obligation to support your own child takes priority over any subsequent support you offer for another person's child. The court would not decrease your child support obligation for that reason.

i am a custodial parent in Michigan. I've been to court to fight it, but unfortunately it is law that if the noncustodial parent is incarcerated they do not owe child support for the time that they are locked up. but if they owe back child support then you can seize anything they own.

Only if the obligee parent releases the claim or is deceased.

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can noncustodial parent parent claim 1 child if divorce with 2 kids

at times yes but usually if the noncustodial parent does want to see the child they will be denied visitation rights and not be allowed to see the child

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Yes, it can. Moving in with the other parent is grounds for "flipping" child support payments. However, this must be done by court order.

Frist, do you have a child support order? Courts can and will "impute" income to someone who is intentionally under-employed or unemployed. So the child support will be owed as if the parent was working.

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In this situation a perons's income is considered too low to have child support enforced.

Yes, if there has been a "significant" change in his/her income.


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