No, child support and child visitation are two different matters. Neither a father nor a mother can be denied visitation based on the fact that they are not paying child support.
Having no income is not a reason for making a change in custody. The father should be paying child support so the mother has some income coming into the home.
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
No, she should be paying it.
The father does, since the mother is paying her share towards the children in the form of child support.
Well, if he's paying child support, that means she has custody of at least one child who is under 18. So, by law, no, it is illegal for the mother to move out of state without telling the father.
Yes. He would have to petition the court for custody.
If the father have visitation, shared custody or paying child support she will need his and the courts consent.
A father has no right to "take the child from the mother" under any circumstances. Custody is determined by a court order. Obviously, in this case, the court has established a child support order and a custody order. Generally, the father must provide evidence that the mother is unfit in order to obtain custody through the court. Paying child support doesn't give any right to take the child from its mother.
A husband only pays child support if he does not have custody of the child. If he is paying spousal support, it is only supposed to be temporary until the wife can become financially stable.
My answer to that would be 'No'. The father is responsible for providing child-support regardless of who has custody of the child; at least until the age of 18.
If the father has no legal custody, but is paying child support, he should be at least told. It's his child, too. The parents divorced each other - they did not divorce themselves from the child.
well, if your asking what you could do, then you could probably take her to court for custody of the child.
The child must live with the parent who has physical custody per the court order. A "child support paying father" cannot just take custody of the child. Read your court orders.If there is joint custody, there will be some kind of schedule... and no, you can't "stop a child from living with" the father if that's what the order says, even if he is notpaying child support (the fact that he isn't adhering to the order does not free you to break it also). You would need to go back to court and seek to have the order modified.
Petition the court for an emergency custody hearing before she leaves the state - without the courts custody agreement in place she can move at will.
She most certainly can.
Look for information on filing child abandonment against the father in your state. People do this if the father is not present in the child's life, not paying child support, or is abusive.
You need to talk to a lawyer to hammer this out. Theoretically you can be required to pay child support but also not have visitation rights; it depends on the custody arrangement you have with the child's mother. If you don't have a custody arrangement, then the lawyer can help you set one up.
Once the father gains legal custody through the courts, he may request that child support be terminated.
She can move with his and the courts permission.
The new "Mother" has nothing to do with the communion between her husband and his ex-wife, so the answer is no. * A new spouse has no legal standing in regards to non biological children, regardless of the issue. The biological father would have to be the one to file a suit to have the child support order enforced.
An unmarried mother has sole custody in most jurisdictions until the father's paternity is legally established. It is assumed the father's paternity was established in your case if he is paying child support. You need to check all the documents associated with your particular court case to determine if a custody order was issued at that same time.Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for custody and a visitation schedule.If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.
generally speaking the only way to stop paying court ordered support is to go to court and get the order changed.
If the father has visitation rights and the mother refuses to allow the father those rights, then the father can sue the mother in a civil contempt proceeding. If she doesn't have a good reason for disallowing the visitation then she can be held in contempt of court. There are various remedies including giving the father more visitation to make up for the visitation that was disallowed by the mother or even giving the father custody, but usually, the judge will just order the mother to allow the visits. His paying or not paying child support has nothing to do with whether or not he gets visitation (i.e. he gets visitation regardless of whether or not he is current with child support).
The child is in his primary care. Mother should be paying him.
No. Custody and child support orders are separate. A father who is paying child support should request a visitation schedule if he wants to spend time with his child. On the other hand, you cannot make a father spend time with his child is doesn't want to.
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