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If a father is able and available to care for his own son due to the fact that he is a seasonal worker, can the mother petitioned the courts for the father to continue paying child support, does daycare supersede the bonding between a father and a son? She legally cannot keep you from your children. But they do it all the time. Contact the courts and apply for a legal aid which will represent you for free. But first contact your human services where you pay your child support. They can't really do much, but sometimes a call to the mother from them explaining that she is in contempt of court will scare her RIGHT. Trust me , it happened with my husband and his ex because I would't provide their daughter with my insurance. Child support and visitation are two different things.

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โˆ™ 2005-04-24 05:21:22
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Q: What can you do if you cannot afford an attorney and the custodial parent will not let you see the children because you owe back child support?
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Can the custodial parent stop child support because the father is helping with children?

The situation regarding child support MUST be revisited if the circumstances of the custodial parent change.


Do the courts automatically file for child support or does the custodial parent?

The custodial parent must initiate a petition for child support either through an attorney or for themselves.


Is unemployment of the custodial parent used to determine child support?

No. Support amounts are based upon the income and assets of the non custodial parent. The amount is not increased because the custodial parent is not employed because the money is for the support of the child not the custodial parent.


Does a non custodial parent still have to pay child support if the children no longer live with the custodial parent?

yes


Can a custodial parent seek child support payments from the non custodial parent's new spouse if non custodial parent is unemployed?

No. She has no legal responsibility to support the children. Only the biological parents have any responsibility for child support.


Can the custodial parent ask for an increase in child support if she returns to school full time?

Can the custodial parent ask for child support for her children past the age of 18 if the children are full time college students?


Does non custodial parent still pay child support when custodial parent goes on ssi?

Yes. SSI is for the individual and is not intended to support her children, spouse, etc.


Will the custodial parent get less child support if unemployed?

No. Support is based upon the income of the non custodial parent and in some cases the needs of the minor child/children.


Your children are 19 and 20 and are college students living with you if you remarry will you lose their child support if you are the custodial parent?

Remarriage stops alimony (generally). It doesn't stop child support (again, generally). Talk to an attorney if you're uncertain.


Does a non custodial parent still have to pay child support back payments to the custodial parent after the children have their own families?

Yes, back child support is paid until paid in full, regardless the age of the children. There is NO statute of limitation when it comes to child support.


Are the children suppose to get money out of the child support the non custodial father pays?

Child support is the non-custodial parent's portion of the expenses of the child, including housing, food, clothing and so on. It is up to the custodial parent whether an "allowance" can be paid to the child from the child support amount.


Can a Florida custodial parent receive child support from the non custodial parent even if the custodial parent owes child support for the same children from a previous case?

That's up to the judge, but generally is only applicable when a father gets custody while owing, as only 7 out of 1000 mothers pay support to custodial fathers.


Can a custodial parent move the children out of state without the non custodial parent's consent in the state of Georgia?

Not if the non-custodial parent have visitation and pay child support. Then his and the courts consent is needed.


What right does a non custodial parent lose when they are incarcerated and pay no support?

Non custodial parents do not lose any rights when they are incarcerated and pay no support. Since they are incarcerated they usually cannot see their children because they are locked up but they did not lose the right to have visitation once they are released.


How long does a non custodial parent have to return legal papers to the Office of the Attorney General pertaining to retro child support?

2years


Does a non-custodial parent have to pay child support if all children live with them and not the custodial parent?

In Massachusetts: If there is a child support order (issued by the court) then the 'non-custodial' parent will have to pay child support to the 'custodial' parent until the child support order is modified by the court. Even if the kids actually live with the 'non-custodial' parent, that parent still has to follow the current court orders, no matter how unfair. If the kids are living with the non-custodial parent, though, it shouldn't be too difficult to go into court and get the child support order changed.


Will a court order a custodial parent to pay a non custodial parent child support if the custodial parents income is much higher than the non custodial parents income?

While not the norm, yes, it can happen, and is based on the non-custodial's parenting time. However child support calculation is complicated and involves many factors. Consult an attorney in your area for an informed opinion.


If custodial parent in Pennsylvania remarries can their new spouse's income be included for child support?

The income of a spouse of a custodial parent, can be used in determing a portion of the child support. Because the spouse of a custodial parent is most likely contributing to the expense of the house, utilities and such, the non custodial parent may be intitled to a reduction in support.. this is usually a case that has to be heard by a judge. the income of a non custodial spouse can not be used as they are not contributing to the expenses of the home the children live in. If you think about it, this makes sense. a non custodial parent is paying their share based on the over all expense of the custodial parents home and income.. if the custodial parent is not paying for a portion of those expenses, then an non custodial parent should not have to pay them either.


How can the children get money from the parent who is receiving the child support?

The custodial parent who receives child support payments is legally required to use the funds for the welfare of the child/children for living necessities, educational costs and so forth. The custodial parent is considered the conservator of the minor child/children and is not required to give said children any of the support money for their personal use unless they choose to do so.


Does the custodial parent or non custodial parent have to carry health insurance on the children in Missouri?

That is an issue the court decides at the time other child support issues are addressed.


Does a non custodial parent have to pay child support to primary custodial parent if the custodial parent is uneployed?

Yes, you do have to pay 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.


If your husband pays child support can he claim the children on his taxes?

Not under normal circumstances. The custodial parent does not have to claim child support as taxable income and generally the custodial parent is the one who can claim the child as a dependent deduction.


Does child support payments reduc once you become married?

No. Remarriage by a non custodial or custodial parent does not impact child support matters. In the US, the laws always uphold the rights of the first born child/children as opposed to those of a second marriage or relationship. The status of a non custodial parent's financial obligations to minor children does not change when he or she remarries.


Why would a custodial parent drop child support?

Most often this occurs because they've been pressured by the non-custodial parent. A common tactic is for the non-custodial parent to threaten to take away custody if he or she has to pay child support. The custodial parent will then consent to not get child support to avoid a costly custody battle. This is why most states have made child support mandatory. A custodial parent can't decline or give up child support voluntarily in those states.