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Yes..by all means yes they can. If the custodial parent no longer wants child support from non-custodial parent the custodial parent must petition the court to end the order. The order must be signed by a judge. However ended the support will zero out any late payments also.
No. 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.
No, they are seen as different issues - two different court orders. Just because you cannot see your child, does not mean you can withhold support. And vice versa - if you stop receiving support, you cannot prevent the non-custodial parent from seeing your child.
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approval of the custodial parent, the obligated parent should petition the court to have the support order amended or rescinded.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.
Is child support due to minor if the minor is incarcerated?
Child support is paid to the custodial parent. It must be paid until the child support order is modified.Child support is paid to the custodial parent. It must be paid until the child support order is modified.Child support is paid to the custodial parent. It must be paid until the child support order is modified.Child support is paid to the custodial parent. It must be paid until the child support order is modified.
Does a child have to live with custodial parent in order for custodial parent to receive support?
yes
If non-custodial parent and custodial parent reconcile and move into the same house together with child can the non-custodial be determined custodial and have child support order removed?
No, you file to have the custody and support order set aside.
What are reasons not to pay child support?
There are no valid reasons not to get child support. That money is supposed to be used to help raise the child. If the custodial parent tries to refuse child support before a judge, the judge will override the custodial parent's wishes and explain that the child support belongs to the child, not to the custodial parent.
Does the non-custodial parent need to have insurance on the child when paying child support in Texas?
Yes, if it is so ordered in the child support agreement. If the parent loses their insurance and the custodial parent has the ability to insure the child - it will be possible for the state to order the custodial parent to do so. This may change the amount of support the non custodial parent pays - it is entirely up to the whim of the courts.
Does a non custodial parent still have to pay child support when the custodial parent is in jail?
Yes, unless the non-custodial parent gets custody. In that case the non-custodial parent must file a motion to terminate the child support order. The child support should be paid to whoever has custody of the child. If it's not the non-custodial parent then the child support order should be modified to reflect the party that should receive the child support payments. You have to pay for your child so you have to pay to the one who has custody while the other parent is in prison. If the state has custody you will pay the state.
Can you just have a custody order in place and no child support order?
Yes, as they are separate issues. However, a custodial parent can request a child support order at any time. Also, some jurisdictions do not allow parents to decide that the non-custodial parent will not pay child support. The view is that every child is entitled to be supported by both parents. If the custodial parent doesn't need it then the payments should be placed in a savings account to pay for college. Also, if the custodial parent and child are receiving any assistance then the non-custodial parent will be required make payments to the state.
If custodial parent deviated from original child support amount can she increase the support later?
If the custodial parent agreed to deviate from the original child support amount, she can increase it back to the original amount if there is a court order. In additional, the non-custodial parent may have to pay back child support for the time when he paid less.
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.
Child Support ordered child tax credit to the non custodial father who has never written called or seen her in 8 years. Can he claim her on his taxes?
Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.Generally, the custodial parent has the statutory right to claim the child as a dependent unless there is a court order specifying the non-custodial parent can claim the child. You should check with an attorney in your jurisdiction or an advocate at the family court. You should also review your child support order.
Can non custodial parent stop child support if child receives SSDI?
Generally not, however the non-custodial parent may file for modification of the support order based on changes in financial circumstances.
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.
