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What is a possible way to address the problems of a custodial or primary residential parent not using all the obligated child support for the benefit of the child or children?
GML929939
When Child Support is calculated, they add together the incomes of both parents. From this total the child support amount is taken from the guidelines. Added to this is the cost day care, medical insurance, etc. At this point the income of each parent is divided by the total income of both. This shows what percentage a parent's income is of the total.
Example taken from actual case:
$30,000 Mother
$86,000 Father
$106,000 Total
$86,000 / $106,000 = 81%
In this example, the father (obligor) owes 81% of the total obligation or roughly $21,600 a year (based on average percentage) in support of one child, but the mother (obligee) is also obligated to spend $7500 a year on the child, for a total of $29,100, or $2425 a month.
The problem is in over 90% of the cases, only the Obligor is required to prove the payment of the child support. When either parent's income increases, their obligation increases, but the child only clearly benefits from the increase of the obligor's income. The obligee is under no requirement to spend more on the child.
By having both parents paying into a trust fund, the custodial parent than provides the fund with proof that the money is being spent on the child, such as a percentage of rent, utilities, food, etc. Also, the cost of necessities, such as clothing, shoes, and other expenses exclusive to the child, with receipts and clothing tags or proof of purchase cut from the package. All this follows in accordance with Federal Laws dating back 100 years as regards Trust Funds that have been established for Guardians to draw from when parents have been killed, such as in an accident. Also in cases involving child stars (The Coogan Act-1939) where the law is designed to prevent their parents from spending the money for their own uses.
Any money left in the account would than collect interest and be available for emergencies, or special expenses, such as part of the cost of a car for a teenager, or a college education.
Using this method would mean the child is getting full advantage of the support owed by both the parents, and not just one parent.
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What should the custodial mother do if the father of the child drives the child while he has a suspended license in California?
Call the police and report it. * The custodial parent has the legal right to refuse visitation to the non custodial parent if it would place the child or children in jeopardy of harm or neglect. DO Not call the police. Contact the attorney who handled the custody case or if that is not possible contact the state's department of family and children's services for assistance.
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What valid reasons can lead a custodial parent to withhold visitation?
There can be legitimate reasons for withholding a visitation. Those reasons must be explained by testimony in a court hearing if the non-custodial parent files a motion for contempt against the custodial parent. The custodial parent should be well prepared with dates and times and reasons for withholding the visit along with witnesses if possible and should be reporting the circumstances to their attorney.Possible reasons include:A court order to that effect.Suspicion that the child is being abused or neglected. This must be followed up as soon as possible with a temporary court order until the situation can be fully evaluated by the court.The non-custodial parent appears to be under the influence of alcohol or drugs when they arrive to pick the child up.The child is very sick.The non-custodial parent arrives at an unscheduled time.The non-custodial parent does not appear in person to take the child. If they send a substitute without the prior approval of the custodial parent the custodial parent could refuse to allow the pick up.
What happens with the child support order if the non-custodial parent is out of the state?
All US states honor and enforce child support orders issued by another state. The obligated parent is still bound by the terms of the support order regardless of his or her state of residency. The same actions can be taken to enforce the order in the state where the non custodial parent resides as would be possible in the state where the original order was issued.
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.
Are Catholics obligated to have children if possible if they get married and what if they're marrying an Atheist who doesn't want to have kids?
No, Catholics are not obligated to have children. They feel if it is God's will, then it will happen. Marrying an Atheist won't make any difference because they will still have their own beliefs.
Can Temporary custodial custody for step parent be granted if both maternal parents are unfit?
Possible, but difficult if other family members are available to take children.
What should the custodial mother do if the father of the child drives the child while he has a suspended license in California?
Call the police and report it. * The custodial parent has the legal right to refuse visitation to the non custodial parent if it would place the child or children in jeopardy of harm or neglect. DO Not call the police. Contact the attorney who handled the custody case or if that is not possible contact the state's department of family and children's services for assistance.
Is it possible to get emancipated from the custodial parent and not the noncustodial parent?
No.
Can a non custodial parent claim children on income taxes?
This could be possible when all of the rules are met for this purpose.You as the non-custodial parent would only be able to claim the children if the custodial parent release the custodial parent claim to the exemption by completing Form 8332 (PDF), Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, or signing a substantially similar statement.Go to www.irs.gov and use the search box for the blow referenced materialRefer to Publication 501, Exemptions, Standard Deduction, and Filing Information or Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.There was a discussion on this matter recently on Dads House. see link
Would godparents be able to get visitation rights?
No. Godparents are not recognized as having the legal status to petition the court for visitation rights to minor children. That being the case, visitation of minor children would only be possible if the custodial parents voluntarily allowed it.
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Do you have to pay child support if your 18yr old has a full time job?
In most US states the age of majority is 18 which usually indicates the non custodial parent is no longer obligated to pay support. In matters referred to in the question, the non custodial parent should contact the attorney or the clerk of the court where the support order was issued for assistance and/or information. Generally the terms of the current support order should be followed until the non custodial parent has assured his or her obligations have legally ceased. If an overpayment results it is possible to recover those monies.
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Can a custodial parent servering in the military move the child to another state without the non-custodial parents consent?
No. The custodial parent must obtain the court's approval and the consent of the non-custodial parent, if possible. Courts do not take it lightly when a child is separated from a parent with visitation rights. The court will examine the situation and address the matter in the best interest of the child.No. The custodial parent must obtain the court's approval and the consent of the non-custodial parent, if possible. Courts do not take it lightly when a child is separated from a parent with visitation rights. The court will examine the situation and address the matter in the best interest of the child.No. The custodial parent must obtain the court's approval and the consent of the non-custodial parent, if possible. Courts do not take it lightly when a child is separated from a parent with visitation rights. The court will examine the situation and address the matter in the best interest of the child.No. The custodial parent must obtain the court's approval and the consent of the non-custodial parent, if possible. Courts do not take it lightly when a child is separated from a parent with visitation rights. The court will examine the situation and address the matter in the best interest of the child.
Can a noncustodial father get custodial rights to a child in Montana?
Custody of the child, or custodial rights to see the child? Either is possible, it just depends on whether you are willing to do the work. see links below
Does non custodial parent have to pay juvenile bills from Juvenal hall?
It's quite possible, yes.
