Going into a child support case is a delicate matter. Going into it with the mind set of "winning" is generally not encouraged. The only person who must be considered as the 'winner' must be the child. No matter how much custudy you retain it is always important to keep in mind the emotional health of your child, it is extremely important that the child feel free to love both parents and not feel pressure from any parent to harbor negative feelings towards the other. As this can prove to be not only very confusing for a child, but if parents cannot work together, despite their not being involved with each other any longer, the child may use the discord in their relationships to their advantage when in adolescence to gain things such as material or otherwise. there is nothing worse to a parent when a child can manipulate with such a thing. Although you and your ex may have a bad history and hurt feelings are always hard to put aside it is very important to remember that this child was not made on its own but with two partents, who have equal rights in raising the child and watching the child grow up. It is thus very important for the two parents as difficult as it may be to put aside any negative feelings toward each other and remain a strong parental unit, it can be done! This will establish not only stability in the child's life, but help the child retain his or her family even if the two parents are separated. If however your ex is an unfit parent and you can provide proof to it that is wholly another matter. My advice is to go into your case thinking of your child first and the importance of a child having two parents in his or her life whether or not they are still together. And always remember never ever argue with each other in front of your child as hard as it may be, arguments may always be settled later, but the emotional hurt a child is exposed to during such an event is very hard to correct. As a parent who has gone through this myself and as a councilor that is the best advice I can give. Good luck in your case. =M.K.
No. The NCP must return to court to get legal custody and terminate the support order.
You can request anything you'd like, but no court is going to grant you support for a child that you do not have legal custody of.
No, custody is court ordered and it can only be modified in court.
If joint custody papers were signed stating no child support and your ex has the child only on weekends, it may be difficult to receive child support. However, you can consult with a family law attorney to explore potential legal options based on your specific circumstances. They can provide guidance on how to proceed within the confines of the existing custody agreement.
You will probably have to pay child support until the decision is made and the court decides what to do. That means you pay until there is a court order saying you no longer pay. Court orders do not necessarily make sense but they are the law.
Your question could be read in different ways. Child support is intended only for the support of children and their needs. If the children are in the custody of (living with and being supported by) someone who is not the parent on a regular basis, that person must petition the court to be appointed the legal guardian and then petition for a child support order against the parents. If you are the parent then you must have custody in order to get child support. If your children are in the custody of someone else, such as the example provided above, you cannot receive child support.
You have to go to court and petition for custody. Unless her parents are unfit you will not get custody though.
You should take this matter back to court immediately to modify your current agreement. Ensure that you are prepared to show proof that the custody arrangement has changed, and that support has been paid to the custodial parent (on paper) although circumstances have changed. Request that the backdated support be paid in addition to child support going forward
Even if all three of you can agree that this is alright, the court should still be notified so that there is not a problem in the future. The parents would still have joint custody, but if there is child support to the mother, that would have to be addressed. Going through the court would keep that from becoming an issue should things go bad as divorces often do.
Money will rarely if ever be a consideration for the court with regard to the best interest of the child. That is why the non-custodial parent will pay child support. If the mother is a good parent other than that, it is very unlikely that a court would remove the child from her.
The court would have to award you custody.
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.