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If I have joint custody with me as primary parent with child support in New Mexico and father moved to California without paying or visiting can I get full custody?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 14y ago
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Do you have to pay child support if you have primary custody in California?
Fathers are frequently ordered to do so there, despite having primary custody. see link below
Do child support papers have anything to do with custody?
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.
Can your ex get child support from you even if you have primary physical custody and more income than him in California?
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.
How is child support calculated if there is no time sharing plan?
It would be based upon which parent has primary physical custody.
Does a parent who has primary physical custody have to pay child support if the child moves in with the non-custodial parent?
yes..
If an unwed mother has sole custody can she still get child support in California?
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.
Does a father with primar physical cusody still have to pay child support?
Yes, until/unless the courts grant primary legal custody and terminate support.
In California a father wants no custody or visitation does he still have an obligation to pay child support?
Yes, though in California the child support and visitation are linked. The less time you parent the child, the more you pay.
In California can a person receive child support if they have 50 50 custody?
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.
Can child support be petitioned if custody hearing is pending?
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.
If couple has been divorced for five years can mother claim child support now?
if she has primary custody, from the point of the filing date.
Can you move to a different state and collect welfare?
My X is planning on moving from California to Hawaii with our son. He has primary custody. Our son has not finished Highschool yet. He is collecting child support here in California from me, and is on unemployment too. I believe he will move to Hawaii and try to collect welfare too. Can he move to Hawaii and collect welfare and get his child support amounts raised to Hawaii's current level? Thank You!
