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Yes , you still have an obligation to support your children .The court will take into account your income and living expenses ,but, you will still have to pay child support.

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15y ago

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If the dad has custody but child lives with mom can mom file for 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.


Don't both parents have an obligation to financially support their child?

this answer is based on the income of both parties. with joint custody, generally neither party pays support, but supports the child 100% when in their care. However, if one parent makes 21K a year and the other parent makes 100K a year, the parent making considerably more should contribute to the other party making the child's home and needs equally comfortable.


What is sole custody?

This entrusts the legal and physical custody of the child in only one of the parents. The parent granted Sole Custody makes all major decisions for the child without having to consult the non-custodial parent. Sole Custody is generally used in cases where the parties are unable to cooperate in making decisions for the child or in those cases where one parent is absent from the child's life.


What rights does a parent with sole custody have?

There are different types of custody: sole physical custody, where the child resides primarily with one parent but the non-custodial parent is typically awarded visitation rights, and sole legal custody, where one parent makes decisions in the child's life pertinent to their welfare. So, rights are delineated dependent upon the same.


What is primary custody?

Primary custody is generally defined as belonging to the parent with whom the child or children reside with the majority of the time. It does not mean that it cannot be a joint custody arrangement as well.


Why didn't the court order child support if you have primary physical custody?

If you have primary physical custody you are entitled to support. How much support is figured in a formula based on how much money each of you makes and how many days (or overnights) each of you has time with the child. Depending on the state, if the child stays with the other parent over a certain set amount of time, then that parent is responsible to pay less child support. Most states are trying to push joint physical custody where the child spends 1/2 to 2/3 of the time with the primary caretaker and the rest with the other parent.


Can a legal guardian sue parents of child for child support?

I don't see any reason why not. For more information see www.SteveShorr.com/child_support.htm


Do you still have to pay child support if you have joint custody?

Joint Custody and Child SupportJoint legal custody has no effect on child support. With joint physical custody there is still a payment of child support from the higher income parent to the lower income parent, usually determined by a sliding scale based on time with each parent (procedures vary among states). Because both parents provide for the child directly, the payment between parents may be less, but the financial support to the child is the same or higher than with sole custody.


What is the child support formula in the state of Virginia?

Virginia has three formulas:Basic child supportShared custody child supportSplit Custody Child SupportSee the official state link below for doing the calculations.


If the parent with custody of a child sends the kid away does the other parent still have to pay child support?

It depends on what state you are in. The state determines how child support is calculated. Now, if you each have 50% residential time with the child, then no support may be due, however, if the child lives primarily with one parent, then the parent that the child is not living with is required to pay child support. The child support amount is usually based on your combined income and is then calculated at a percentage of the total income, for example: If you make $1,000 per month, and the other parent makes $2,000 per month, then you would be responsible for 33% of the child support obligation and the other parent would be responsible for 67% of the child support obligation. If the child support obligation was $200/mo., then you would be responsible for $66/mo., and the other parent $144/mo., therefore, if the child lived primarily with you, the other parent would have to pay you $144/mo. Hope that makes sense for you. Check out your state laws on child support, you can usually find them on the web. Take care.


If you sue for full custody of a child does the non-custodial parent still pay child support?

In general, no. Child Support and Custody/Visitation are separate issues and often handled in different parts of the court system. For more accurate information, please remember to specify the State your matter is in.Whatever rights are specified in the court documents. Simply paying support does not, in and of itself, guarantee any other rights.The a single, unmarried, obligor parent has no rights by virtue of paying child support except the right to request a visitation schedule. A separated parent, without a restraining order applied to him/her, has an assumed equal access and decision making to the children unless limited by a court ordered visitation schedule.


Can a 18 year old high school graduate move in with grandma for 4 months and then in with noncustodial parent and than that parent puts him in January 2008 college get custody and child support?

Being 18 makes you an adult and with that privilege gives you the right to make your own adult decisions you can move in with who you want. And no one not even the custodial parent can keep you from making your own mind up. You are free to make your own decisions. As far as Child support in most states that is discontinued once the child reaches the age of 18 unless there are back child support due by the noncustodial parent. Once you reach a certain age custody is no longer an issue the child can make his or hers choice on which parent they chose to live with.