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When only separated does the noncustodial parent have to pay a certain amount of money or pay any child support.. If not can custodial parent file for arrearages in divorce?
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∙ 14y ago
The absent parent will be ordered to pay support, regardless of the nature of the absence.
AnswerDo not pay without a court order. If necessary, file a voluntary order. Note though, if there's any question about paternity, it needs to be clarified first as once you begin paying, you cannot stop later, regardless of paternity, in most states, and even if she remarries to the bio dad. There are clinic where you can take the child for testing, and the mother's permission is not required. There are also test kits you can buy, but they take longer to get results. It's better to learn now than later, plus is now or later you challenge for custody, she is allowed to use it against you to stop the challenge.see links below
AnswerYou're married and separated and someone is telling you to stop providing support for your children? On what planet does a parent not have to support their child unless there's a court order? You should be thinking of preserving some sort of stability for your children. They are suffering enough with their parents separation. It is unconscionable to compound the situation by suddenly withdrawing your financial support. The mortgage or rent still must be paid to keep a roof over their heads. They still must eat and be warm. Provide what you can and pay by check so you have proof of all your payments.Wiki User
∙ 14y ago
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Does a non-custodial parent have to inform the custodial parent about their change of address?
they only have to inform the custodial parent of the change of address if they still wish to contact the childAnswerIf they want to stay in contact with that person or the child or if you are having to pay a certain amount for the child then yes of course otherwise it is up to your own discretion
Did California recently pass a law that will only allow a custodial parent to move a certain amount of miles away from the non-custodial parent?
A custodial parent who is contemplating any move that would interfere with the non-custodial parent's custodial and visitation rights must return to court to seek a new custodial and/or visitation agreement. Courts view this issue with the focus being on the child's best interests and that includes the importance of having access and time with both parents. This issue is viewed not as permission for the parent to move but for permission to move the child. See links for more information.http://www.writerlaw.com/every-custodial-parent-needs-know-california-move-away-law/https://www.divorcenet.com/resources/child-custody-and-relocation-laws-california.html
Does the non-custodial parent have to provide the children with a bed for overnight visits?
Every parent mustprovide children with a place to sleep for 8 continuous hours that is clean and suitable for sleeping. They don't have to have a bed per say, but a sofa for older children or a play pen for tots can be deemed suitable. What loving parent wouldn't provide a place for their child to sleep?
Can a 16 year old child petition the court to live with non custodial parent in another state child lives in Ohio and wants to live in Tennessee with father what are the legal rights?
* If the custodial parent agreed to let the child stay for a certain time and this is in writing, that parent should not be able to force the child's return home without a good reason. * If the permission was just word-of-mouth, it is shaky ground; the courts would likely favour the custodial parent and require the child to return. * If the child petitions the court themselves, it is not likely that they will be listened to, especially if the current custodial parent fights that choice. * You may be able to argue that the child obviously has reasons for wanting to now live with the other parent - knowing those reasons would help a lot - and the current custodial is fighting to repress their freedom of choice. * If you are lucky enough to find a good lawyer and get a compassionate judge, they may find in favour of changing the custody to the other parent, or at least giving them more visitation.
Can i file charges against non custodial parent for taking child out of state?
You can but I don't believe it will get you anywhere. It would be nice if plans were told to you for this outing. I have taken my daughter out of state for the day going to KC Worlds of Fun. My ex was none too pleased when she was told about this and that I should have mentioned my plans to her as she ultimately is responsible for my daughter as the custodial parent. If the Non-Custodial parent takes the child out of state without bringing the child back this is kidnapping and by all means press charges. To have a crime commited one must break the law, if a divorce decree states that the non-custodial parent can not take the child across state lines then they are at fault. Besides this there is no fault as long as the non-custodial follows the visitation schedule as in the decree. If you have no decree certain papers should be drawn up dictating the allowances of the visitation and the non-custodial parent will have to answer this petition. You have to protect yourself get a lawyer and get it in front of a Judge that's the only way you will have any legal standing when it comes to this matter. Do not use words in the decree such as reasonable as this gives to much leeway.(Such as reasonable time). This word in the decree will open up too much discussion, trust me I know.
How long does a noncustodial parent have to notify the custodial parent of a release of claim to exemption that the custodial parent previously released to the noncustodial parent?
Revocation of release of claim to an exemption.The noncustodial parent is NOT the ONE that has to notify the custodial parent.The CUSTODIAL parent has to do this.For 2009, new rules allow the custodial parent to revoke a release of claim to exemption that the custodial parent previously released to the noncustodial parent on Form 8332 or a similar statement. If the custodial parent provides, or makes reasonable efforts to provide, the noncustodial parent with written notice of the revocation in 2009, the revocation can be effective no earlier than 2010. The custodial parent can use Part III of Form 8332 for this purpose and must attach a copy of the revocation to his or her return for each tax year he or she claims the child as a dependent as a result of the revocation.Post-1984 decree or agreement. If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can still attach certain pages from the decree or agreement instead of Form 8332 provided that these pages are substantially similar to Form 8332. For any decree or agreement executed after 2008, the noncustodial parent must attach Form 8332 or a similar statement signed by the custodial parent and whose only purpose is to release a claim to exemption.Go to the IRS gov web site and use the search box for Publication 504 Divorced or Separated Individuals go to chapter 2You can click on the below related link
Can a noncustodial parent legally make the custodial parent live in a certain county or state?
Not arbitrarily. He or she could request the court to issue such an order, but the decision would be made by the judge hearing the case.
Can it be part of the divorce decree who gets to claim the children for tax purposes?
Yes, but that is not the end of the story.The divorce decree can specify who gets to claim the dependent exemption for the child for income tax purposes. However, there is a specific attachment the noncustodial parent must file with his or her tax return each year to claim the exemption.In general, the IRS allows the custodial parent to claim the dependency exemption. The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent. If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater part of the rest of the year.The rules as to when the noncustodial parent can claim the exemption changed effective for tax years beginning after July 2, 2008 (the 2009 calendar year for most taxpayers.)POST-2008 DECREE OR AGREEMENTFor divorce decrees that went into effect after 2008, the custodial parent must sign Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent(or a similar form,) and give the signed form to the noncustodial parent to release the exemption. The noncustodial parent must attach that form to his or her tax return to claim the exemption that year.The noncustodial parent can no longer attach certain pages from a divorce decree or separation agreement instead of Form 8332 if the decree or agreement was executed after 2008.The custodial parent can specify on Form 8332 the release applies to only the current tax year or all future tax years. To help ensure future support, you may not want to release your claim to the exemption for the child for future years.POST-1984 / PRE-2009 DECREE OR AGREEMENTIf the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can still attach certain pages from the decree or agreement instead of Form 8332.However, the custodial parent who gave up the exemption via the divorce decree does not appear to be without recourse. See "To revoke a prior release of exemption" below.PRE-1985 DECREE OR AGREEMENTThe rules are again slightly different if the divorce decree or separation agreement went into effect before 1985. See the instructions for Form 8332 if that applies to your situation.TO REVOKE A PRIOR RELEASE OF EXEMPTIONForm 8332 can also be used to revoke a prior release of exemption. The revocation is effective no earlier than the tax year beginning in the calendar year following the calendar year in which the custodial parent provides, or makes reasonable efforts to provide, the noncustodial parent with written notice of the revocation.For example, if the custodial parent provides notice of revocation to the noncustodial parent in 2009, the earliest tax year the revocation can be effective is the tax year beginning in 2010. You can use Part III of Form 8332 for this purpose.You must attach a copy of the revocation to your return for each tax year you claim the child as a dependent as a result of the revocation. You must also keep for your records a copy of the revocation and evidence of delivery of the notice to the noncustodial parent, or of reasonable efforts to provide actual notice.
Does a non-custodial parent have to inform the custodial parent about their change of address?
they only have to inform the custodial parent of the change of address if they still wish to contact the childAnswerIf they want to stay in contact with that person or the child or if you are having to pay a certain amount for the child then yes of course otherwise it is up to your own discretion
A discrete random variable can have only certain clearly separated values?
true.
Why does spectrum of light happen?
White light is a mix of different frequencies; with certain equipment, it is possible to separate it into its components. This separated version is called a "spectrum".White light is a mix of different frequencies; with certain equipment, it is possible to separate it into its components. This separated version is called a "spectrum".White light is a mix of different frequencies; with certain equipment, it is possible to separate it into its components. This separated version is called a "spectrum".White light is a mix of different frequencies; with certain equipment, it is possible to separate it into its components. This separated version is called a "spectrum".
If your boyfriend was jailed in South Carolina for failure to pay child support but he claims his ex-wife relinquished her rights to child support and he was released is that possible?
The custodial parent can waive the right to child support if he or she so chooses. If the person was released from custody on those grounds then it would appear to be legitimate. However, if there was an order of support in place before the custodial parent waived her rights it is likely any arrearages would still be owed. This is especially true when support payments are being overseen by a state agency. It would be in the best interest of the involved party to be certain of their legal status in this matter to avoid future problems.
Is there a certain time frame that the custodial parent should get medical bills or insurance EOBS to the noncustodial parent who is responsible for medical bills not covered by insurance?
You contact your local Domestic Relations Office for the information. They should have a policy on it. In the state of PA the custodial parent must provide the documents within 6 months or the Domestic Relations Office may not assist in recouping the funds from the non custodial parent. Good Luck. What does the Court Order say? I would suggest the sooner the better, if the claim wasn't processed correctly the other parent might be able to get it corrected. Maybe the other parent has other coverage that will pay it. Also, the medical provider would want to get paid as soon as possible. for more info see www.steveshorr.com
If a father signs over his rights can he still claim his child on taxes?
No. Yes. There are really 2 types of this type of deduction available- Children and qualifying family. They each have slightly varied tests, but having parental rights is not specifically one. The link provided has more specific fairly plain language defintions and examples of the test. Children of divorced or separated parents. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true. 1. The parents: 1. Are divorced or legally separated under a decree of divorce or separate maintenance, 2. Are separated under a written separation agreement, or 3. Lived apart at all times during the last 6 months of the year. 2. The child received over half of his or her support for the year from the parents. 3. The child is in the custody of one or both parents for more than half of the year. 4. Example. Your child lived with you for 10 months of the year. The child lived with your former spouse for the other 2 months. You are considered the custodial parent. Written declaration. The custodial parent may use either Form 8332 or a similar statement (containing the same information required by the form) to make the written declaration to release the exemption to the noncustodial parent. The noncustodial parent must attach the form or statement to his or her tax return. The exemption can be released for 1 year, for a number of specified years (for example, alternate years), or for all future years, as specified in the declaration. If the exemption is released for more than 1 year, the original release must be attached to the return of the noncustodial parent for the first year, and a copy must be attached for each later year. Divorce decree or separation agreement made after 1984. If the divorce decree or separation agreement went into effect after 1984, the noncustodial parent can attach certain pages from the decree or agreement instead of Form 8332. To be able to do this, the decree or agreement must state all three of the following. 1. The noncustodial parent can claim the child as a dependent without regard to any condition, such as payment of support. 2. The custodial parent will not claim the child as a dependent for the year. 3. The years for which the noncustodial parent, rather than the custodial parent, can claim the child as a dependent. The noncustodial parent must attach all of the following pages of the decree or agreement to his or her tax return. * The cover page (write the other parent's social security number on this page). * The pages that include all of the information identified in items (1) through (3) above. * The signature page with the other parent's signature and the date of the agreement. Not a Qualifying Child Test A child is not your qualifying relative if the child is your qualifying child or the qualifying child of any other taxpayer. Example 1. Your 22-year-old daughter, who is a full-time student, lives with you and meets all the tests to be your qualifying child. She is not your qualifying relative. Example 2. Your 2-year-old son lives with your parents and meets all the tests to be their qualifying child. He is not your qualifying relative. Example 3. Your son lives with you but is not your qualifying child because he is 30 years old and does not meet the age test. He may be your qualifying relative if the gross income test and the support test are met. Example 4. Your 13-year-old grandson lived with his mother for 3 months, with his uncle for 4 months, and with you for 5 months during the year. He is not your qualifying child because he does not meet the residency test. He may be your qualifying relative if the gross income test and the support test are met.
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.
What laws would force a 15-year-old to return to the custodial parent's home if they ran away to the non-custodial parent's home?
It depends on the state, but most states have a certain age set where the child can decide which parent they want to live with. Usually, it is around 13 or 14, but it can be different. If your child hasn't reached that set age, then they must continue to live with the custodial parent.
Did California recently pass a law that will only allow a custodial parent to move a certain amount of miles away from the non-custodial parent?
A custodial parent who is contemplating any move that would interfere with the non-custodial parent's custodial and visitation rights must return to court to seek a new custodial and/or visitation agreement. Courts view this issue with the focus being on the child's best interests and that includes the importance of having access and time with both parents. This issue is viewed not as permission for the parent to move but for permission to move the child. See links for more information.http://www.writerlaw.com/every-custodial-parent-needs-know-california-move-away-law/https://www.divorcenet.com/resources/child-custody-and-relocation-laws-california.html
