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Answered 2011-02-25 21:07:32
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.
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If the non custodial parent pays the custodial parent child support on time Can another family member take the non custodial parent back to court for child support re-evalution?
It seems unlikely that a non-custodial relative would have "standing" to request a change in child support.
How do you terminate child support if you are a non custodial parent?
You don't. Child support is by definition, the non-custodial parent paying to help cover the child-rearing expenses incurred by the custodial parent. Support payments are set by the court and the court would have to stop it. If the mother remarries and the new father adopts the child with your permission, then the child support stops.
Why would the child support agency terminate child support services?
because the custodial parent passed away,
If a child leaves their home to live with the noncustodial parent is the custodial parent responsible for child support payments?
No, the parent whom the child began residing would need to file for custody and also support before the original custodial parent would be obligated. However there would be no guarantee that a court would grant the motion.
Can a custodial parent stop the non-custodial parents visitation if they are behind on child support?
No, they are separate issues. If the custodial parent stops visitations they would be in violation of a court order. The custodial parent must address the child support arrears as a separate matter by filing a contempt order with the court.
If you owe back child support and your child turns 18 who will get the money the child or the custodial parent?
The custodial parent who has had the burden of bringing up the child without the support you were meant to pay will get the funds. However if the sate has been subsidizing your child and the custodial parent when this would not have been necessary if you had payed the support you should have been paying, then the sate (taxpayer) will get the payments it is owed first.
Does non custodial parent still pay child support when custodial parent remarries?
Of course. The child is still your child and you must continue to pay child support unless the new spouse legally adopts your child. In that case, your parental rights would end.
Can a mother receive child support if she is getting unemployment?
Yes, child support would continue even if the custodial parent loses his or her job and is collecting child support.
Does child support go up when your awarded a lawsuit?
If there is a current order for support the custodial parent would need to file suit to have the amount increased regardless of the circumstances of the non custodial parent.
Does back child support go to the overaged child or to the parent?
The custodial parent, it is assumed that he or she supported the child with their income. If however a state agency was involved in the support of the child that agency would receive the arrearages.
Can custodial parent move out of state if there is an existing child support order in one state?
No. If there is a child support order that means a state court has jurisdiction over the child. If the parent who is paying child support has any parental rights of custody or visitation the custodial parent would need the NC parent's consent and court approval to move out of state. The existing orders would have to be modified.No. If there is a child support order that means a state court has jurisdiction over the child. If the parent who is paying child support has any parental rights of custody or visitation the custodial parent would need the NC parent's consent and court approval to move out of state. The existing orders would have to be modified.No. If there is a child support order that means a state court has jurisdiction over the child. If the parent who is paying child support has any parental rights of custody or visitation the custodial parent would need the NC parent's consent and court approval to move out of state. The existing orders would have to be modified.No. If there is a child support order that means a state court has jurisdiction over the child. If the parent who is paying child support has any parental rights of custody or visitation the custodial parent would need the NC parent's consent and court approval to move out of state. The existing orders would have to be modified.
Can a non custodial parent get custody of a child when child goes and lives with non custodial parent?
If the child goes to live with a non custodial parent, then the non custodial parent has custody. If you are asking about legal custody, the non custodial parent would have to petition the courts to change the custody order.
Can the noncustodial parent keap the child not return to custodial parent?
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.
If my child is 20 years old and lives on a college campus can the child support go straight to him instead of the mother?
First of all, court ordered child support is paid until a child reaches the age of 18 so it would go to the custodial parent who is caring for the child If this is back child support from before the child turned 18, it would still go to the custodial parent who is on the court order. You would still owe any unpaid balances to the custodial parent.Obviously, the parent supported the child until the age of 18 and is entitled the money she should have been receiving for child support. If you are volunteering the support to help the child with college, then you can give it to the child yourself.
Is non custodial parent legally bound to tell custodial parent where the child is?
Yes! Why would you want to keep that from the "custodial parent" anyway?
Would the grandparents have to pay child support for the non custodial parent whom they support so he can get military benefits?
The NCP's parents are not responsible for their son's child support.
What is the difference between a custodial parent and a residential parent?
A custodial parent is the parent who has custody of the child. Usually, that would be both parents. A residential parent is the parent who the child lives with the most.
Can the custodial parent keep the child from the non custodial parent if the child does not want to go?
No, that would be violating the court order. The child is a minor and is not allowed to decide and the custodial parent must follow the court order. Any changes in visitation, custody or child support must be made through the court that issued the original order.
If a 17 year old goes to live with noncustodial parent will custodial parent have to pay child support if non custodial parent owes back child support?
Yes. The non-custodial parent will then be owed the support while child is in there care. But it doesnt relenquish them from their prior debt. If the monies is owed direct to you and not a child supporting agency you can come to an agreement with the other party to resolve the debt and have it entered into a court agreement.
What steps do you take to receive child support from a non custodial parent who lives in a different state?
The same process is used as when a non custodial parent resides in the same jurisdiction as the minor child/children. The custodial parent or legal guardian would file suit in the appropriate state court for an order of support. When the lawsuit is filed a summons will be served upon the non custodial parent (defendant) informing he or she of the suit.
Does the wife of the noncustodial parent that owes child support have to pay the custodial parent child support if the noncustodial parent is not working?
It depends on the state. If your state calculates child support based on household income, then yes, she would be required to pay her husband's child support. If your state calculates child support based on only the non-custodial parent's income, then no, should would not be required to pay. However, her husband would still owe that money, and it will continue to accumulate as a debt until he pays it.
Why would you pay child support after the age of 18?
In some states the custodial parent can ask for child support past age 18 when the child is in college so they can finish.
If your wife is moving to Louisiana from Florida and you are keeping your child can you get custody for abandonment and not pay child support?
I would check the local laws - In Minnesota, the custodial parent must have permission from the non- custodial parent to move out of state.
If a pregnant 16-year-old wants to live with the non-custodial parent will the custodial parent have to pay child support?
The minor female could not arbitrarily change residences without the permission of the custodial parent or the court. In addition, the custodial parent would not be required to pay support unless the non custodial parent filed for primary custody and support payments and the court granted the petition. The parent paying child support is legally obligated to continue with the terms of the court order until said order is rescinded or amended. To cease the action, regardless of the change of circumstances would place the parent in a position of contempt of a court order.
Is there a difference in child support between joint and sole custody?
If the parties actually share joint custody and have the child with them 50% of the time, then there may or not be child support depending the the parties' respective incomes. If the parties share parental responsibilty but one of them is considered the "custodial parent" and the other had visitation, then there would be a child support obligation on the part of the non-custodial parent." If one of the parties is the "sole" parent, the child support will probably be the same.
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