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It is assumed you mean the parents have joint legalcustody and one parent has physical custody.

Generally, the parent with physical custody is awarded the child support since child support is intended to help pay for the child needs, living expenses and all the associated costs of raising the child. The custodial parent has much more in living expenses that are associated with raising the child.

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11y ago

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Related Questions

How can a non custodial parent with visitation rights receive custody when custodial parent becomes incarcerated?

By applying to a court.


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 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.


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.


Texas- if you are the custodial parent of 17 y. o. receive child support from noncustodial parent she then choices on her own to live with noncustodial can the support be flipped?

Yes, it can. Moving in with the other parent is grounds for "flipping" child support payments. However, this must be done by court order.


Can a custodial parent in Minnesota move to another state with the child without advising the other parent and a court date has been scheduled to review custody?

In Minnesota the custodial parent must receive permission from the court to move out of the state with the children. You must show why you want to move (employment for instance). The non-custodial parent can argue his/her side and the judge will then make a final decision as to whether you can move the children out of the state.


How can you get sole custody of your 3 children from a previous relationship?

You can get sole custody of your children from a previous relationship by by filing custody paperwork through the courts. A judge will then review the case and determine which parent should receive custody.


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.


If I have custody of my child and don't receive child support and I allow my child to go live with his father is he entitled to child support?

He may be. It will be determined by a court if he decides to take it up with the state. If you have custody, was there a stipulation regarding child support? If there was a divorce agreement it may state the stipulations regarding support and custody. If the custodial parent is giving up physical custody of the child to the previously non-custodial parent then child support may be changed.


If my minor runs away from custodial home and goes to school and works partime what modifications can I ask for from court as the non-custodial paying parent?

You ask for a custody modification. The child is considered a runaway and as a minor, cannot receive child support directly. see link


Can men receive child support?

Yes, men can receive child support if they have custody of their children and the other parent is obligated to provide financial support.


Can custody of a child be stated in a will?

If you live in the US... Children are not property and therefore cannot be 'willed'. You can state in your will who you would like to receive custody, but the court is not required to abide by it. For example, if Mom has custody of a child, she dies and her will states that she wants her sister to receive custody, but Dad wants custody...Dad gets custody, unless he can be proved unfit, because Dad has first legal right to custody (Mom's wishes don't change that).