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Answered 2013-03-07 21:00:25

No, that alone is not a reason to terminate custody. The non-custodial parent should be paying child support.

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What constitutes custodial parent in reference to child support?

The custodial parent is the parent with custody/guardianship of the child.


Does a non custodial parent still have to pay child support when the custodial parent is in jail?

Yes, unless the non-custodial parent gets custody. In that case the non-custodial parent must file a motion to terminate the child support order. The child support should be paid to whoever has custody of the child. If it's not the non-custodial parent then the child support order should be modified to reflect the party that should receive the child support payments. You have to pay for your child so you have to pay to the one who has custody while the other parent is in prison. If the state has custody you will pay the state.


Does the non-custodial parent have to pay child support if he has full custody?

If you have full custody than you're not the non-custodial parents. If the court makes a change in the custody order and the non-custodial parent is awarded custody then they won't need to pay child support and that order will be rescinded.


Does a father have to pay if the mother has full custody?

Yes, of course. That is the purpose of paying child support: to help the custodial parent pay the costs associated with raising the child. Both parents are responsible for supporting a child and the non-custodial parent must support the child financially.


If a mother has full custody can the father file for child support?

No. If the mother has full custody, the father must pay child support to the mother who is supporting the child. Put simply, the non-custodial parent pays child support to the parent who does have custody.If the custodial parent makes significantly more than the non-custodial parent, the court will not order the non-custodial parent to pay the custodial parent. There are formulas for each state and county that the courts follow. There are also circumstances that do not follow typical guidlines.


If non custodial parent have partial custody do they have to pay child support?

Read your support order. You can't usually be joint custody and non-custodial at the same time.


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.


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.


Does a non custodial parent have rights to custody when the non custodial parent is in arrears in child support in the sum of 17000 dollars?

You have the same chance you had before. Child support and custody are 2 different cases in court.


Do the non-custodial parent have to pay child support if he or she gives full custody?

If the non-custodial parent becomes the custodial parent they do not have to pay child support. It's the non-custodial who pay to the custodial who is the one who takes care of the child every day.


If one parent has primary custody and the other parent has visitation which one is the custodial parent?

The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.


Should the custodial parent go to court to let the child live with the non custodial parent?

Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.


Why does a non custodial parent pay for child support to the custodial parent when they live together?

Because you are not married and filed for child support. You have to pay child support to one parent and that has to be to the one with custody. If you both had 50/50 custody it could look differently but you only have visitation.


Do you have to pay child support if child is not with mother?

Depends on the state. Technically child support is paid to the custodial parent. This means the parent actually has custody, not a parent who allows their child to live elsewhere. Therefore, if the custodial parent does not have custody, check your state laws. Another adult can be allowed to collect child support for the benefit of the child, but a non-custodial biological father can also be given custody in this case.




When a custodial parent dies is child support from a non custodial parent still due?

Of course. Unless the non-custodial parent takes sole custody, the non-custodial parent is still responsible for paying child support to whomever the child goes to. There is no reason the death of a parent should terminate the other parent's child support obligation.


Will the judge change custody over to the non custodial parent if the custodial parent went to prison?

The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.


What are the advantages to having been granted primary residence in a child custody case?

The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.


What can a non-custodial parent do if the custodial parent is in jail?

That parent should petition for full custody.That parent should petition for full custody.That parent should petition for full custody.That parent should petition for full custody.


Can a judge change custody if the custodial parent is in contempt of current orders?

Yes. If the custodial parent is breaking the court orders the judge can give custody to the non custodial parent if he/she is fit.


What do you about support when you are the non-custodial parent and the custodial parent wants to hand over the child to you?

They can't simply "give the child to you." You need to return to the court and have the custody order modified so you'll have legal custody. It will go easier if the current custodial parent consents to the modification. At that time the current support order should be terminated and you can request child support if you wish.


What if custodial parent leaves child with grandparent?

The non-custodial parent can file for custody.


Can the non custodial parent claim a child on their tax return if he is in arrears on child support payments?

Yes, if he has the child 51% of the time. Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent.


If the custodial parent is unemployed can this help non-custodial parent get custody?

No. Losing your job is not in and of itself grounds for losing custody of your child. The parent who wants to gain custody would need to file a motion for custody and convince the court that the custodial parent is unfit and that it would be in the best interest of the child to award custody to the other parent.


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