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Is it illegal for a divorced couple to use the same money to rotate it between the child support agency to the custodial parent back to the non-custodial parent and then back to the agency?
I take it that the NCP is sending payments to the agency and the CP is returning those payments to the NCP. This doesn't appear to violate any law.
How can you make sure support payments go to the child?
Child support payments are not intended to go to the child. They are intended to help maintain the quality of life for the child and custodial parent. That means they go toward rent, utilities such as heat, electricity and hot water, phone expenses, food, clothing, shoes, medical needs, school expenses, transportation, entertainment- if there is anything left, etc. The custodial parent has the right to spend the money in any way money is spent on necessities in an intact family. Once you make your payments you have no control over how the funds are spent.
How can a non-custodial parent avoid having his wages garnished to pay child support?
Garnishment is the standard means of paying support. However, the courts will often honor an agreement between the parents to pay support by some other means. In any case, the NCP should make payments to the court or the State disbursement unit, NOT TO THE CUSTODIAL PARENT.
What if the custodial parent does not allow the child to see the non-custodial parent even though the court said she can - does the non-custodial parents still have to pay support?
Child support and visitation rights are two entirely different issues. The terms of visitation should have been determined before divorce proceedings and finalized when the divorce decree was awarded. The court generally prefers the parents reach an amicable agreement for reasonable visitation by the non-custodial parent. If specified days/times have been ordered by the court the custodial parent must allow visitation or risk being in contempt of a court order.
If you now have full custody of the child do you have to pay back child support?
Generally, yes, if you have full physical custody. It's normal for things to happen that way... the custodial parent receives child support payments from the non-custodial parent in order to help pay for the child's, well, support... but really it all depends on what the court decree says, and there might potentially be cases in which the court rules otherwise.
Does child support go to a child who is 18 and not living with custodial parent?
No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.
Can you pay a sixteen year old child support directly?
No, support payments must be rendered to the custodial parent or legal guardian or authorized state agency.
Can the custodial parent deny visitation to the non custodial parent that is behind on child support payments?
No - indeed, some jurisdictions will prosecute for this.
Do states collect incentive payments or grant money for collecting child support arrears and if they do is it tied to how much they recover?
In California, each county has a district attorney's office which collects child support payments (both current and arrears) from the non-custodial parent free of charge. These offices are funded through tax dollars, not incentive payments or grant monies.
In Washington State can car payments be considered child support?
No, not unless they are specifically addressed in the child support order. The obligor does not have the right to designate where child support payments will go. They are to be paid to the custodial parent. Any other payments will be viewed as voluntary or gifts.No, not unless they are specifically addressed in the child support order. The obligor does not have the right to designate where child support payments will go. They are to be paid to the custodial parent. Any other payments will be viewed as voluntary or gifts.No, not unless they are specifically addressed in the child support order. The obligor does not have the right to designate where child support payments will go. They are to be paid to the custodial parent. Any other payments will be viewed as voluntary or gifts.No, not unless they are specifically addressed in the child support order. The obligor does not have the right to designate where child support payments will go. They are to be paid to the custodial parent. Any other payments will be viewed as voluntary or gifts.
Can a custodial parent seek child support payments from the non custodial parent's new spouse if non custodial parent is unemployed?
No. She has no legal responsibility to support the children. Only the biological parents have any responsibility for child support.
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.
Can a custodial parent seek back child support payments from non custodial parents spouse if non custodial parent is unemployed in the state of Florida and her new husband adopted them?
The new husband is not responsible for the NCP's unpaid child support.
Can the ex custodial parent be made to repay over payments of child support?
Yes, that is money not belonging to you.
Child lives with non custodial grandparents has for nearly 2 years mother custodial parent still collects child support how can this be stopped?
The custodian of the children is entitled to the child support payments. The only way to keep the mother from getting the child support payments would be to have the grandparents petition the court for custodial rights - which could be extremely difficult, depending on your state.
How Child Support Attorneys Can Help?
The often difficult economic issues regarding child support payments should be resolved in a reasonable and objective manner. The decision should be based on what is best for the child. During a divorce or separation, some parents cannot separate their emotions form the process, no matter how much they love their children. The help of experienced child support attorneys can make the process of reaching an amicable agreement easier. Decisions such as the amount of child support paid and the factors a court reviews to determine a child support order can be handled by the attorney. Lawyers for both parents will ensure that the interests of each are protected.The specific circumstances surrounding your child support case does not diminish the need to have legal representation. You could be going through a divorce, or perhaps you were never married. You could also be seeking the enforcement of an existing order, or trying to get payments reduced if you are the non custodial parent. Child support attorneys will help you through the process. The lawyer can evaluate the specifics of your case, explaining what you can expect with each step of the process. A child support dispute will have a great impact on both you and your child for many years. Therefore, a favorable and fair outcome should be the goal.Child Support Attorneys for Custodial ParentsA child support attorney for custodial parents can help with each step in the process. If required, the attorney can help with establishing legal paternity. You will also receive guidance on filing the appropriate paperwork for obtaining a child support order which will dictate the terms of support payments or modify an existing order. The lawyer can also help with locating a non-custodial parent. Generally, a child support court order is handled through the state’s child support enforcement office. The attorney will help you navigate the system.Child Support Attorneys for Non-Custodial ParentsNon-custodial parents also have a right to legal representation for a child support order. Hiring an attorney can also work in the non-custodial parent’s interest when navigating the legal system. A child support attorney can provide assistance in establishing paternity when the father is the non-custodial parent. Child support attorneys can help with determining the best payment method.Paying or receiving child support does not have to be a difficult process. A knowledgeable lawyer will work for you and your child.
Can you just have a custody order in place and no child support order?
Yes, as they are separate issues. However, a custodial parent can request a child support order at any time. Also, some jurisdictions do not allow parents to decide that the non-custodial parent will not pay child support. The view is that every child is entitled to be supported by both parents. If the custodial parent doesn't need it then the payments should be placed in a savings account to pay for college. Also, if the custodial parent and child are receiving any assistance then the non-custodial parent will be required make payments to the state.
