If you fought it you may be able to. If you make more than your ex does though it will probably be hard to get much money if any from her. The way that many states look at it is, time living with each parent, if the parent is paying another alimony or child support, and how much the parent makes. So if you have her slightly over 50 percent, but you make more money then her then the chances are slim that you will get child support. If you had the child 100% of the time and made less then yes you would probably get some child support. Legal custody and physical custody are two different things. Legal custody means that you both decide on medical care, major decisions. Physical custody means who actually is caring for the child. ---- In California, a sole custody father can still be obligated to pay child support, when he makes significantly more than the mother, though I've never seen a reversal of that. In the case of Marcia Clark (OJ Simpson trial) v Gordon Clark, she made 450% more than he did, yet he paid 35% of his income to her in child support. Prior to the filing of the divorce, he was a stay-at-home dad and architect, which she thought was a disgrace to her children.
One thing to remember that all child support is Rebuttable, so the mother can make an argument to the court for you to continue to pay child support in every state. Only 15% of mothers without primary custody are ordered to pay child support, of which 5% actually pay it. That works out to 7 out of 1000 mothers not having possession of their children. see link
You can re-file in Family Court to amend the Full Custody and Support Order.
For 1) are you in custody of your daughter? If you are in full custody you could take her to court for kidnapping is your EX mother in law in custody of your daughter? Do you have joint custody? If your ex mother in law has no custody over your daughter you could take her to court, she is not authorized to take care of your child.
Child support is determined according to state guidelines and physical custody is one of the factors used to determine the amount.
Yes, provided there's no child support order in place.
If she's paid child support and depending on circumstances.
Not if you make arrangements with the court on repayment.
Well, generally, that's the rule of thumb in custody changes.
Assuming Mom has custody, then she would have to agree to let daughter move in with you OR you would have to petition the court for a change of custody.
The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.
Contact child support enforcement, but they may require a court order. File motion to change custody and modify child support. see link for help.
Reference to "seventy four percent" is unclear, but it seems unlikely that the child's mother could collect current child support in such a situation. (She can still collect past-due support, if any.)
No. Custody means the child lives with you. Support means you are paying the parent who has custody.