Fathers are frequently ordered to do so there, despite having primary custody.
see link below
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.
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.
Certainly some evidence of responsibility (ie paying child support, job, time spent with the child) would help your case. Joint custody, however, is not just for the purpose of reducing child support; infact the child support you pay is nowhere near what it costs to raise a child. Consider the ramifications of your sharing custody--what is in the best interests of the child??
My answer to that would be 'No'. The father is responsible for providing child-support regardless of who has custody of the child; at least until the age of 18.
Yes if she could prove that the child is better off in her primary care. If the child is thriving and safe with you, it would be hard for her to prove. But custody can change at anytime so she has the right to file.
Generally no, though there is a presumption of primary residential custody for the obligee parent. In states like California, the amount of time the obligor parent has the child affects the amount of child support ordered.ClarificationChild support orders and custody orders are separate. Generally, the parent who pays child support pays it to the custodial parent.
yes..
Yes, but it's not typical. Child support is based on the income of both parents, as well as the amount of time each parent has with the child. If you make significantly more than him, and he has partial custody, he could potentially get child support from you. Again, this is not typical, and you would have to make a lot more money than he does.
Yes, though in California the child support and visitation are linked. The less time you parent the child, the more you pay.
YES, a woman can file for child support and not address custody in the courts, but a man can not request visitation time without the subject of child support being addressed. All single mother have sole custody by default, in 49 states.
The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.
No. Before a support petition can be filed there must be a parent or guardian who is designated as the primary custodian of the minor child/children.
As your husband left you all in New Mexico and went to California without paying the money or even bothering to visit the children and as you ar ethe primary parent you can claim full custody of them. IMPROVED ANSWER: You MUST contact the court to request this. Only the court has the power to order the change to the custody award. Given the circumstances it is quite possible you may be awarded full custody. Added; Also contact the court regarding the failure of the father to pay child support. All states have mutual compacts beween them which enforce each other's custody awards and support orders. Both the New Mexico AND the California authorities should be made aware of it, perhaps they can 'convince' your ex to pay his court ordered support.
Child support and custody are two different and only distantly related things. If there's a significant earnings disparity between the parents, it's very likely that a court could award child support to the lower income parent in a shared custody situation.
It would be based upon which parent has primary physical custody.
You must have legal custody in order to request a child support order from the court.You must have legal custody in order to request a child support order from the court.You must have legal custody in order to request a child support order from the court.You must have legal custody in order to request a child support order from the court.
No, legally a minor has no choice in the matter.