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The custodial Parent has the right to claim both children, but in your case if the NC parent is behind they will automatically take it from their tax refund anyway. But as with any agreement if it states the NC gets to claim one then you can only claim one. If there is not an agreement in that way, then the custodial has the right. The arrears owed to the C has no affect on the claiming rights of another.
What else can I help you with?
How can i Summons the noncustodial parent for visitation?
the custodial parent is the parent the child lives with the non custodial parent is the parent the child does NOT live with the non custodial parent assuming he / she knows he is a parent... is usually the patitioning parent. if he /she chooses not to seek visitation rights the court cannot force him/ her to see the child.... but they can enforce child support. research the laws for your state.
If the father is raising the children does he still have to pay child support?
Child support is paid by the non-custodial parent to the custodial parent. If there is a court order for the father to pay child support to the mother, and he gets the children after, he must pay child support until he gets the court order changed, usually by filing a complaint for modification in the original court.
Are you a noncustodial parent if you pay child support?
Usually, yes; however, some parents with joint custody pay support.
What right does a non custodial parent lose when they are incarcerated and pay no support?
Non custodial parents do not lose any rights when they are incarcerated and pay no support. Since they are incarcerated they usually cannot see their children because they are locked up but they did not lose the right to have visitation once they are released.
If non custodial parent have partial custody do they have to pay child support?
Read your support order. You can't usually be joint custody and non-custodial at the same time.
Does the custodial parent pay child support if the child is with the noncustodial parent for a month?
Usually no unless the two of you are willing to go back to court and have the child support order changed for a month and then go back and change it back. They leave it the way it is unless it's for a longer period than a month. It can only be changed in the court where it was issued.
Do you have to pay child support if you have ten children or more?
Yes, general guidelines for child support are no less than 40% of the noncustodial parent's income if there are 5 or more children. This percentage may differ depending upon the laws of the state where the child/children reside. The rules also differ if multiple children reside in different households and/or parents share equal physical custody. In some cases the amount of support can be based on earning potential rather than the actual present income.
Can a noncustodial parent get custody of 17 year old child if custodial parent is mentally and verbally abusing child.?
Yes. Judges change custody of children all the time. It is good to have some data or other witnesses to back up your claims but it happens. A 17 year old child is usually old enough simply to move out of an abusive situation and into a different situation without any judge's permission. The problem is usually with child support payments.
Is asking the noncustodial parent for life insurance in which the particular child is the sole beneficiary a typical child support negotiation request?
Usually no, you can ask for a trust to be set up in the event that the non custodial parent dies, but you can not require a life insurance policy to be created with the child as the sole beneficiary. In this case, the non-custodial parent can choose anyone they want to. If you are worried about the noncustodial parent dying, I would suggest asking for a trust to be set up. he/she is not required to do it, as I have never heard of a court requiring that.Another PerspectiveLife insurance is usually made a part of separation agreements when the parents are represented by competent counsel. It is not unusual at all for custodial parents to be concerned that life insurance be maintained with the custodial parent or child being the beneficiary. Even if the parents divorce, the child should enjoy the benefits of having two parents since they brought her into the world and are responsible for her support. Whenever possible a minor child should have the benefit of life insurance to pay for support and education expenses in case either parent dies unexpectedly.
In the state of Oklahoma if a noncustodial parent gives up all parental rights to her child does she still have to pay child support or can it be dropped?
Courts usually only allows parent to give up parental rights if the child is being adopted. But if they would allow her, it would be for the custodial parent to decide whether they would need child support or not. If they need support from the state the state will go after the mother first.
Will you have to pay child support for a 17 year if they choose to live with the noncustodial parent in Ohio?
Child support in Ohio usually continues until the child is 18, and up to the age of 21 if the child is in school. Whether or not you have to pay child support if the child is living with the noncustodial parent depends on the support order that it is in place Typically you can expect that you will have to expect to pay support.
How can you find out the custodial mother's income to see if she makes more than the father who is paying child support?
The person might be able to obtain an interrogatory for discovery of income from the family court, but that is not likely. The income the custodial parent makes is not relevant in accessing the amount of child support That is based on the income and assets of the person who has been ordered to pay the support. I'm thinking you have to make a motion in court to request income records. The income of both parents must be known to determine the amount the noncustodial parent has to pay, since it's usually based on the ratio of the noncustodial parent's income to the total of both parents' incomes. As has been noted, child support is based upon the income and assets of the biological parent who has been ordered to pay the support. The income of the custodial parent is not relevant, as the monies are for the support of the children. One issue pertaining to the financial support of the child/children is how it relates to dependant deductions pertaining to the tax codes. Actually both incomes are used to determine the amount of child support. It is done by percentages. Both parents are responsible for paying for their children. If the father makes more than the mother he will be responsible for the higher percentage on the amounts spent on the necessities of the child. I've worked in the legal field for almost 30 years. There are some differences in the laws among the states, but they basically follow the Uniform Child Support Laws. My daughters lived the majority of the year with my ex. My income was much less. I did not have to pay child support. My ex had to pay me support when the girls lived with me during the summer months.
