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Answered 2005-12-06 09:52:48
  • No, the father has to pay child support for both children. Of course the child that decides to live with him will be treated as he/she were when you were both married, but the child you have will still continue to receive child support by law!
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Can a custodial father seek child support from the mother?

Yes. The custodial father has a right to child support from the mother depending on their respective economic circumstances. Many mothers pay child support.

Does a non-custodial mother have to pay child support to the father?

Yes, if the father is the custodial parent. It works just the same as when the mother is the custodial parent. The non-custodial pay child support based on their income and other factors.

Why does father who has custody of two children but still pays non custodial parent child support?

That does not seem right. The father needs to go back to court and get the Judgement altered so that the mother pays the non custodial support.

If the mother get married does the non custodial father continue to pay child support?

Yes. If he is the father he pays child support.

If the father is raising the children does he still have to pay child support?

Child support is paid by the non-custodial parent to the custodial parent. If there is a court order for the father to pay child support to the mother, and he gets the children after, he must pay child support until he gets the court order changed, usually by filing a complaint for modification in the original court.

Can custodial parent receiving public assistance stop child support and arrears?

No. If the state is supporting the mother and child the mother has no right to free the father from his responsibility to support his own children. The state will pursue him for child support.

Should custodial FATHERS receive child support?


How come a father has to automatically pay for child support and a mother may not if the father is the custodial parent?

A custodial parent may have to pay child support if his income is significantly higher than that of the non-custodial parent based on the non-custodial parent's "parenting time" percentage.

If a mother receives child support does she automatically have custody of the children?

Single mothers have sole custody by default. Married mother must address it with the court. Non-custodial mothers can still get a child support award from the father.

What should the Non custodial father do if the kids have been with him for years living in my house and now the mother tries to get support when they move with her?

In such a case, the non-custodial father should prepare to begin paying child support.

In California if a non-custodial mother remarries and becomes a stay-at-home mom to a new baby and step children will the courts still make her responsible for full child support?

If the non-custodial mother was responsible for full child support before remarrying, that responsibility will continue until the court says otherwise. The court will consider the financial condition of both the non-custodial mother and of the custodial father in deciding whether to continue to require full child support.

Can a non-custodial mother file for child support from the non-custodial father?

No, the person who has the child is the person who gets the child support so she would have to pay child support herself, as well as the father, to the person who has custody of the child.

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.

Can the current wife sue her husband's ex-wife for child support?

No. If your present husband is the father of the children of his previous marriage and is the custodial parent he would have to sue his ex-wife (the children's mother) for support.

Does a mother have to pay child support if the father has physical custody of the child?

If mom is a non-custodial parent, it's likely she will have to pay child support.

Does the father of a child have to pay child support if he is not married to the mother and wants custodial rights in Idaho?

Yes. Just because you're not married doesn't mean you're not the child's father, and it's on that basis that child support is ordered. * Additionally, both parents are equally responsible for supporting their child/children. Courts no longer grant custodial rights to the mother simply because she is "the mother". However, the law presumes that an unmarried woman retains sole custody to a child until a court rules otherwise. The father must establish parentage before the court will consider child support, custodial, visitation or other issues

Can a mother chose for the father not to pay child support?

Yes, as long as you have custody of the child/children. Just as the mother can choose for the father to PAY child support.

If the mother lives in different state than the father can she file for custody of child without father knowing?

No. Biological parents must be notified when the issue concerns minor children of which they share custodial rights. If the couple are not married the law presumes that the mother has sole custodial rights to the minor child/children until legal procedures are followed that might allow the biological father custodial and/or visitation rights.

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.

Can a Noncustodial mother relinquish custody to custodial father?

If the mother is already the non-custodial parent, then the custodial father already has custody. If the question is meant to ask if the mother can give up her parental rights, then you would need to petition the court.

Father has full custody of children. Mother pays child support for them. Who is responsible for child care expenses?

The father does, since the mother is paying her share towards the children in the form of child support.

Who has legal custody of minor children when parents never married in Utah?

In cases where the parents of minor children are unmarried the mother generally retainssole custodial rights until the father files a custodial suit. However, this does not mean the mother of the minor children can arbitrarily deny the father's rights of visitation.

What if father isn't listed on birth certificate but mother wants child support but no visitation rights?

Once paternity is established, the non-custodial parent has the right to request visitation, just as the custodial parent has the right to request support.

Child lives with non custodial grandparents has for nearly 2 years mother custodial parent still collects child support how can this be stopped?

The custodian of the children is entitled to the child support payments. The only way to keep the mother from getting the child support payments would be to have the grandparents petition the court for custodial rights - which could be extremely difficult, depending on your state.

Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?

If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.