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What if custody of a child changes and the former non custodial parent is in arrears on childsupport will the new noncustodial parent have to pay?
Wiki User
∙ 13y ago
That is up to the interpretation of the courts and why the arrears exist.
Wiki User
∙ 13y ago
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Can the custodial parent keep the child from the non custodial parent if the child does not want to go?
No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.
How do you change child support without going to court when one of the children changes who their custodial parent is?
This can be done though the use of a mediator, but the change still needs to be filed with the court for approval. You do avoid the attorney fees. It would be a Propria Persona (Pro Se) presentation. see link
In new york if a 18 year old move to a non-custodial parent's home do you have to pay child support can the child go to court and have it stop?
You need to come to a new custody agreement for any changes to be made; have your lawyers make the necessary arrangements if the two parents cannot agree (in writing) themselves.
Can a non custodial parent that has been absent for 6 years have the right to sign school contracts even though they have joint custody?
As a parent with joint custody, the school will allow them to sign anything related to their own child. If they have been absent from the child's life, contact your lawyer to make the necessary changes to your custody order.
Can the custodial parent deny visitation to the non custodial parent in Florida?
A person can sue for almost any reason. Whether or not it is a justifiable case is usually the question. Was there emotional and/or physical injury to the plaintiff? Was there any monetary loss? What purpose if any would litigation serve. Lawsuits are not, as a rule timely, inexpensive or even the solution to the problem(s). A counselor/mediator however, might be more helpful.
Is there a statute of limitations on getting back child support for children whom are adults now?
Barring any changes in Child Support law, there is no Statute of Limitations on arrears. This means that the noncustodial parent will never be free of accumulated arrears plus interest accrued until the full amount has been paid either to the custodial parent or the custodial parent's estate, if they have died.
Can the custodial parent claim child even if it's not their year if the non-custodial parent is behind on child support in Arizona?
The parties cannot make any changes in the court orders unless they petition the court for a modification. The mother should petition the court ASAP to be allowed to claim the child as her dependent for tax purposes and she should file a motion for contempt as well to collect the child support arrears.
How do child support payments cease if the noncustodial parent and the custodial parent marry each other?
Child support id ordered by a judge, therfore any amendments and/or changes to a child support odred must go through the court. I suggest contacting the child support office in your area and they can advise you how to go from there.
Does custodial parent have to pay child support to non-custodial parent when child changes residence?
Yes, until modified by the court. see links
Can a noncustodial parent that lives in North Dakota and pays child support legally move to another state?
Of course, there is no law preventing the individual from moving out of state if he or she is not the primary custodial of the minor child or children. However, a child support order is valid even when an obligated parent changes resident states, as all US states honor and uphold existing support orders.
Can non custodial parent stop child support if child receives SSDI?
Generally not, however the non-custodial parent may file for modification of the support order based on changes in financial circumstances.
Can a custodial parent drop child support and then years later sue for arrears?
The parties must return to court and have the child support order modified. Otherwise, the obligor is required to obey the existing child support order by law. Verbal changes made between the parties are hard to prove and people change their minds. The answer in this case would be whatever the court decides based upon the available evidence.
In NY how often can the ex-wife file for more child support your husband always pays it is deducted from his pay automatically?
Either parent or the CSEU can file a petition in Family Court to request a modification (change) to an existing child support order. The modification petition should be based on the fact that either the custodial or noncustodial parent's circumstances have materially changed (e.g., change in income or other changes in circumstances). https://newyorkchildsupport.com/child_support_services.html
What percent would they garnish my husband for child support with two kids?
The site http://www.alllaw.com/calculators/Childsupport/ ask several questions that would help you figure out a rough number, since the amount changes depending on where you live
Mother has custody of children but they are living with father temporary can he take the child support away?
Perhaps, and probably. As with all such matters, the father or noncustodial parent must petition the courts with regard to changes to the existing order.
Can the original child support order ever be changed without the consent of the non custodial parent?
Since a Child Support Order is a Court Order the Court can change their Order as they see fit, regardless of what the Non-custodial parent, or the custodial parent think. The Court does not need your "consent" to issue an order. The Non-custodial and custodial parent would receive notice of a Court hearing or administrative hearing prior to any changes being made to the Court's Order, so it is important to show up to the hearing! This is not to be construed as legal advice, always seek the advise of an attorney to preserve your rights.
Can non custodial parent cut children's hair without permission from the custodial parent?
When it comes to things like appearance changes, it's best to speak to the other parent. Having amicable dialogue and being on the same page is better for the children in the long run rather than doing something that the other parent may not agree with.
