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JudyNo. Child support and visitation rights are two separate issues/ The parent being denied visitation must continue to pay the support order. The non custodial parent may find it necessary to file a petition (lawsuit) against the custodial parent to asssure his or her visitation rights are enforced.
In California, as well as several states, visitation and access time is considered a deductible item in the calculations for child support. The drawback of this is that the custodial parent will deny the other parent access for some period of time, than file for an increase in support.
In other states, for extended Summer visitation, this is often figured into the calculations, than the payment averaged out, however it is not mandatory and depends on whether your attorney raised the question. For this, you will need to check your case file to see what was considered. Talk to the Clerk of the Court about that. While you're at it, purchase a copy of all the relevant material, including a new copy of your custody orders, for your personal files. You should check this file yearly.
In states like Missouri, when you've had the child for 30 days, you can request the child support stop. The drawback of this is that visitation is never set for longer than four weeks.
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If an adult child moves into her boyfriends' house does the custodial parent still get child support?
Unless there are unusually circumstances, once a minor becomes an adult under the laws of the state in which he or she lives (or as stated in the support order) child support ends. If he or she has established residence outside the custodial parent's home with the approval of the custodial parent, the obligated parent should petition the court to have the support order amended or rescinded. Child support money is for the support of minor children and not "owed" to the custodial parent. The custodial parent does have the legal right to sue the obligated parent for any arrearages or "extra" expenses incurred while the minor child was in his or her care.
What do you about support when you are the non-custodial parent and the custodial parent wants to hand over the child to you?
They can't simply "give the child to you." You need to return to the court and have the custody order modified so you'll have legal custody. It will go easier if the current custodial parent consents to the modification. At that time the current support order should be terminated and you can request child support if you wish.
Why does a non custodial parent pay for child support to the custodial parent when they live together?
Because you are not married and filed for child support. You have to pay child support to one parent and that has to be to the one with custody. If you both had 50/50 custody it could look differently but you only have visitation.
If you signed over all your rights as a father over 6 years ago can the child's mother take you to court now for child support?
Yes. The custodial parent can seek child support from the non-custodial parent. The amount will depend on the non-custodial parent's income. The non-custodial parent has the right to seek a visitation schedule. Both issues can be addressed in a single court order.
Can a custodial parent who violates parenting plan and takes child out of state collect child support?
Yes. A child support order isn't automatically modified by other issues. The non-custodial parent can file a motion for contempt with the court and seek a hearing regarding the child being removed from the jurisdiction. That parent should visit the court or contact an attorney for advice.
