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Answered 2012-10-05 16:02:12

The non-custodial parent should file a motion in the court with jurisdiction (where the child resides) for contempt of court on the part of the custodial parent. If the contempt continues, the custodial parent may be fined, jailed or custody modified to favor the non-custodial parent.

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The one who would be responsible for the child during that time which would be the non custodial parent.


Only if the noncustodial parent becomes the custodial parent and gets a judgment to this effect.


As it is normally a part of the child support order, the custodial parent would.



i am a custodial parent in Michigan. I've been to court to fight it, but unfortunately it is law that if the noncustodial parent is incarcerated they do not owe child support for the time that they are locked up. but if they owe back child support then you can seize anything they own.


This depends on whether this is during the normal scheduled access rights period, or after. The custodial parent has no right to interfere with the normal access period. Any period of time in excess of this becomes a matter for the courts.


Have your attorney issue a document subpeona to the carrier to get proof of the coverage. Can you still subpeona if the rights of the noncustodial parent have been recently terminated? The information requested would only be during the time frame that rights were effective to prove that the custodial parent had insurance coverage that she failed to relay to domestic relations.


Usually the custodial parent when all of the rules are met by the custodial parent and the qualifying child to be claimed as a QC dependent.Go to the IRS gov web site and use the search box for Publication 17 go to chapter 3Qualifying ChildResidency Test Rule 3Children of divorced or separated parents or parents who live apart. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.Custodial parent and noncustodial parent, The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.Equal number of nights, If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.You can click on the below related link for more information and examples.


It is not the custody agreement that determines who is qualified to claim the children as a qualified child dependents on a income tax return.Go to the IRS gov web site and use the search box for Publication 17 go to chapter 3Qualifying ChildResidency Test Rule 3Children of divorced or separated parents or parents who live apart. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.Custodial parent and noncustodial parent. The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.Equal number of nights. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.You can click on the below related link for more information and examples.



It is against the law for a non custodial parent to take their child out of State (can be considered kidnapping) without the written permission of the custodial parent. If the custodial parent agrees then be sure it is in writing, with the date and signature of the custodial parent and carry it with you during the trip.


There are instances where the parties have agreed to vary the amounts during longer visitation periods such as summer break and extended vacations since the day-to-day expenses such as food and entertainment will shift from the custodial parent to the non-custodial parent during these visits.


Yes, but that is not the end of the story.The divorce decree can specify who gets to claim the dependent exemption for the child for income tax purposes. However, there is a specific attachment the noncustodial parent must file with his or her tax return each year to claim the exemption.In general, the IRS allows the custodial parent to claim the dependency exemption. The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent. If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater part of the rest of the year.The rules as to when the noncustodial parent can claim the exemption changed effective for tax years beginning after July 2, 2008 (the 2009 calendar year for most taxpayers.)POST-2008 DECREE OR AGREEMENTFor divorce decrees that went into effect after 2008, the custodial parent must sign Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent(or a similar form,) and give the signed form to the noncustodial parent to release the exemption. The noncustodial parent must attach that form to his or her tax return to claim the exemption that year.The noncustodial parent can no longer attach certain pages from a divorce decree or separation agreement instead of Form 8332 if the decree or agreement was executed after 2008.The custodial parent can specify on Form 8332 the release applies to only the current tax year or all future tax years. To help ensure future support, you may not want to release your claim to the exemption for the child for future years.POST-1984 / PRE-2009 DECREE OR AGREEMENTIf the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can still attach certain pages from the decree or agreement instead of Form 8332.However, the custodial parent who gave up the exemption via the divorce decree does not appear to be without recourse. See "To revoke a prior release of exemption" below.PRE-1985 DECREE OR AGREEMENTThe rules are again slightly different if the divorce decree or separation agreement went into effect before 1985. See the instructions for Form 8332 if that applies to your situation.TO REVOKE A PRIOR RELEASE OF EXEMPTIONForm 8332 can also be used to revoke a prior release of exemption. The revocation is effective no earlier than the tax year beginning in the calendar year following the calendar year in which the custodial parent provides, or makes reasonable efforts to provide, the noncustodial parent with written notice of the revocation.For example, if the custodial parent provides notice of revocation to the noncustodial parent in 2009, the earliest tax year the revocation can be effective is the tax year beginning in 2010. You can use Part III of Form 8332 for this purpose.You must attach a copy of the revocation to your return for each tax year you claim the child as a dependent as a result of the revocation. You must also keep for your records a copy of the revocation and evidence of delivery of the notice to the noncustodial parent, or of reasonable efforts to provide actual notice.



No, there are no real estate seminars scheduled for Bar Harbor during the summer months.


There are special rules for children of divorced or separated parents, as well as children of parents who never married. In most cases the custodial parent (the parent having custody of the child for the greater part of the year) may claim the dependency exemption for the qualifying child. For this purpose, "custody" means that the child lives in the parent's main home.Custodial parent and noncustodial parent The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater number of nights during the rest of the year.A child is treated as living with a parent for a night if the child sleeps:*.At that parent's home, whether or not the parent is present, or*.In the company of the parent, when the child does not sleep at a parent's home (for example, the parent and child are on vacation together)Equal number of nights If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.December 31. The night of December 31 is treated as part of the year in which it begins. For example, December 31, 2009, is treated as part of 2009.For more information go to the IRS gov web site and use the search box for Publication 17 go to chapter 3


This could be considered interference and abusive, but the issue will need to be raised with the courts.



in cases where the parents are divorced, a custodial parent is the one who the child generally lives with most of the time, and the custodial parent is also the one who makes most of the day to day decisions on how to raise the child. the custodial parent is the child's primary guardian and is the one who makes decisions during emergencies, etc.


yes, unless specifically specified otherwise in the court order.


no they don't unless they have someone that cant be scheduled during the week.


I have custodial custody of my eight year old son who DOES NOT want to visit his father anymore due to his wife. This person is very mean and does and says things to him when his Dad is not around. He calls me several times during the weekend saying he wants to come home and why. Why do I have to make him visit those people if the wife is going to continue to be mean?


California Supreme Court held that defendants have the right to court appointed counsel during the custodial interrogations. Due to the Miranda stating that all are given the right to counsel.


Generally, the order will simply suspend support for the period(s) during which the child is with the NCP.


There are instances where the parties have agreed to vary the amounts during longer visitation periods such as summer break and extended vacations since the day-to-day expenses such as food and entertainment will shift from the custodial parent to the non-custodial parent during these visits.



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