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Children and the Law
Child Support

If the parents each have custody of one of their children is there still a matter of child support paid and if so to whom?

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2015-07-15 19:27:57
2015-07-15 19:27:57

It depends on what state you are in. The state determines how child support is calculated. Now, if you each have 50% residential time with the child, then no support may be due, however, if the child lives primarily with one parent, then the parent that the child is not living with is required to pay child support. The child support amount is usually based on your combined income and is then calculated at a percentage of the total income, for example: If you make $1,000 per month, and the other parent makes $2,000 per month, then you would be responsible for 33% of the child support obligation and the other parent would be responsible for 67% of the child support obligation. If the child support obligation was $200/mo., then you would be responsible for $66/mo., and the other parent $144/mo., therefore, if the child lived primarily with you, the other parent would have to pay you $144/mo. Hope that makes sense for you. Check out your state laws on child support, you can usually find them on the web. Take care.

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When both parents are deemed unfit by a court and social services, it is possible for grandparents to get custody of the children under a judge's order. The grandparents wishing to get custody of minor children should petition a court for a hearing on the matter.

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Child support is a primary issue of Family Court. I assume there are court orders in effect, to some degree, since you have already settled the physical custody situation. It would seem in your case that an equitable agreement of support would not be difficult to make. Although I really don't understand why this would be an issue. The state in which custody was granted, is the state that decides the monetary issues for child support.

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If there is joint custody of your children then you have a say in where the mother moves too and it would be wise to see a lawyer to deal with this matter so that custodial rights will be fair for both parents and the children.

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I have a legal court order giving me custody of my grandaughter because the parents are unfit, what are my responiblities and do they have any say in the matter and no visitation was ever set/ not does the father pay child support, he refuses to work and doesnt get locked up . can you help me with some answers?

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If the matter was taken to a court, the parents would most likely win custody.

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Yes. Parents are legally and financially responsible for the support of their minor child/children until said children reach the state's legal age of majority. This does not apply if the child leaves the state of residency without permission from the court in the form of emancipation decree or other change of custody order. The minor should contact the state's department of family services for assistance in this matter. Please be advised, if the minor is not residing with a relative or in a suitable environment with responsible adults, he or she may be taken into custody by authorities and placed in a group or foster home to await a judicial hearing. Parents are not automatically assumed to be guilty of neglect or non-support of their minor children. After the requied investigation,by the assigned state agency, the court will take whatever action it deems to be in the best interest of the minor in question.

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It doesn't matter. Either parent can get custody of the children wether it's Easter or not.

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If there is joint custody and the mother of the children has moved to a different state regarding better employment then no, it is not child abandonment even though she should have discussed this with you. If the mother left with a boyfriend and has partial custody of the children and has not discussed her plans to move with the father or court then yes, it could be construed as child abandonment. If you have complete custody then no, it is not child abandonment. Children should always come first no matter how much the two parents involved may dislike each other and to the children their parents are their mother and father and if possible it should remain this way and not go in a direction of not allowing the mother to see her children. If the mother is into drugs including alcohol; parties too much and doesn't take time out for quality time with the children then this is a different matter altogether.

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can any uncle get custody of his nephew even if he has a felony Yes, if there's a reason your parents won't or can't keep you. It's a matter decided by the courts. Perhaps. If the parents voluntarily relinquish their rights or the court permanently teminates parental rights then relatives or interested person's may petition the court for guardianship of the minor children. Allthough courts prefer minor children remain within the custody of relatives, there is no guarantee a guardianship request will be granted to any relative or friend of the family.

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Dimmesdale interceded for Hester in the matter of Pearl's custody.

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Yes but they can't "legally"keep the parent from seeing the child.There is no custody arrangement so it wouldn't really matter!

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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

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If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.

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Any grandparent(s) who are the primary caregivers for their grandchildren or any child of the family and not living in the same residence as the children's parents is entitled to be reimbursed for the care of those children. To be eligible for such support the grandparent must be able to show the court that the caregiving of the children is done from necessity and not just a "family matter". Or the grandparent(s) may file a petition for custody if that has not yet been done, if custody is granted, child support will be ordered as well. Contact the clerk of the circuit court in the county of residence for more information on the laws of the state in which you reside and filing procedures. Or contact the state's department of family and childrens services.

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My opinion on the matter is that parents shouldn't be abusing their children anyway, but i think that parents that are drunks or druggies abuse their children more than a parent who is stressed or depressed.

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It should be addressed in the divorce and custody arrangement. If not, it is a matter of frequent dispute. Generally, the custodial parent...but if the other is actually providing the majority of financial support, an argument can be made for them.

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No. Your wife cannot grant legal custody of your children to anyone else. That must be done by a court order and the court would not ignore your parental rights in the matter unless it deems you to be unfit after a series of hearings.No. Your wife cannot grant legal custody of your children to anyone else. That must be done by a court order and the court would not ignore your parental rights in the matter unless it deems you to be unfit after a series of hearings.No. Your wife cannot grant legal custody of your children to anyone else. That must be done by a court order and the court would not ignore your parental rights in the matter unless it deems you to be unfit after a series of hearings.No. Your wife cannot grant legal custody of your children to anyone else. That must be done by a court order and the court would not ignore your parental rights in the matter unless it deems you to be unfit after a series of hearings.

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No. As parents you already have custody but a judge can not give you a guarantee that no matter what will you keep that. The best of the child comes first and if you for some reason is found unfit down the road the child would need a new guardian. If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.

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If your mother has sole custody, then it will be up to her. If your parents share custody, they will be able to discuss the matter and come to a decision they both agree on. If the custody agreement says you will spend time with your father when you reach age 14, then it would be so. However, custody arrangements where your custody changes based on your age are quite rare. My guess is your mother will be the one who makes the final decision on this matter.

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If you live in the US... Unless Mom's parental rights (different thing than custodial rights) have been terminated or she can be proven unfit, she's first in line for custody, so if she wants custody, she will get it (no matter what Dad wants)

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Absolutely! Some parents don't trust anyone but themselves to take care of their children, no matter what!

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If there is a court order in place requiring you to pay support the answer is obviously..Yes. If the children have been removed by CFS or whatever it is called in your state. You will be notified at the hearing as to your financial obligations. There is always a Family Court hearing whenever children are taken into protective custody. If they are living with a relative, or spouse then that is a different matter. This is a situation where you should seek legal counsel.


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