0
Can a custodial parent waive back child support and keep the non-custodial parent from going to prison?
Wiki User
∙ 14y ago
only with the court's permission
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
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.
Can a custodial parent sign over temporary custody if the non custodial parent is in prison?
No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.
If a non custodial parent has been in prison for ten years of the child's life are they required to make back child support payments for the time period that they were in prison?
Most likely, no. But the custodial parent could (possibly) get a court order for them to pay it. Most people would just be satisfied to have the payments resume and not request back payments.
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.
Can the custodial parent continue to receive child support payments if they are in prison in Tennessee?
If the parent is in prison the child is no longer considered to be in above said's custody. Unless it was an overlook by the state, the incarcerated parent should receive no benefits for the child, as those benefits are marked for use by the person or institution with physical and legal custody of the child or children.
If you were in prison is there a way to reduce the amount of child support owed to the state of Texas for government assistance paid to the custodial parent during that time?
File a motion to modify. In 2000, Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement ruled that support cannot accrue while in prison.
Does a 69 year old man still owe his 23 year old daughter child support if he went to prison for ten years when she was nine?
In the legal context whenever an order of support exist the non custodial parent is responsible for the amount cited regardless of the circumstances that occur during the time the order is valid. Arrearages for support are still valid and collectible evenwhen the "child" has reached the legal age of majority. In other words, if the non custodial parent owed X amount of dollars before the child reached the legal age he or she still owes that amount. What action might be taken to collect depends upon how the child support was to be paid. Whether directly to the custodial parent or through the state's child support enforcement agency.
If the father of your children is in prison in Florida will the state pay child support and then your kids father pay it back when he gets out?
The state will not pay child support. The state may grant TANF and/or medical assistance to the child/custodial parent if they are indigent. If so, or at the CP's request, the state will attempt to collect the past-due support.
Do I need permission from noncustodial parent who is in prison if I want to move out of state with the minor child?
This depends on what is in your custody agreement. Usually, the custodial parent may do anything he/she pleases. However, if it is decreed in the court records that you should not take the minor out of state, this would not be that case. One advantage to soul custody w/ no stipulations is that you may move wherever you like and tak the child with you; if the non-custodial parent wants to make arrangements to see the child or attempt custody of the child they must do so in the place of the child's residence, wherever that may be.ClarificationAs long as the other parent has parental rights and a court has jurisdiction over the case, the custodial parent cannot move out of state without the consent of the non-custodial parent and/or a modification of the existing court orders. Generally, the custodial parent is free to move only if the other parent's rights have been terminated or never established as in the case of unmarried parents where a father never establishes his paternity legally.In the case of the incarcerated parent, the court would be likely to approve the move. State laws vary. You should seek legal advice from an attorney who specializes in custody issues in order to avoid the possibility of future legal problems.
Can a judge issue a name change for a minor child if the non custodial parent has been in and out of prison?
The custodial parent can submit a petition for a name change. The reason can be explained and a judge will consider the request. The judge has the power to allow the change of name.The custodial parent can submit a petition for a name change. The reason can be explained and a judge will consider the request. The judge has the power to allow the change of name.The custodial parent can submit a petition for a name change. The reason can be explained and a judge will consider the request. The judge has the power to allow the change of name.The custodial parent can submit a petition for a name change. The reason can be explained and a judge will consider the request. The judge has the power to allow the change of name.
If a parent is incarcerated in a state prison is the parent still obligated to pay court ordered child support?
NO! I know it is crazy but unfortunatley they do not have to now!
How do you go about taking tax right from non custodial parent?
Failure to file/pay taxes is a federal crime and can result in prison time if taxes are not paid or intent to defraud the federal government or tax evasion is proven after prosecution. If you really want to unleash that on the non-custodial parent, you can report them to the IRS by filling out Form 3949-A either online at irs.gov or by printing out the form, filling it out and mailing it in.
