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Can the non custodail parent pay less if the custodial parent remarries?
Wiki User
∙ 13y ago
Probably not, unless there is an additional change in circumstance. Child support is generally based on a formula that takes into account things like income (or income earning potential), health insurance, child care and other expenses. The income of the new spouse is not one of the factors in this calculation. However, support of another minor child is, so if the custodial parent has another child in that marriage, that may affect the calculation.
You'll need to check the laws in your state but in most states the spouse's income is not factored in unless the custodial/non custodial parent is living solely off of his/her spouse's income.
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∙ 13y ago
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Visitation Order-What is a good example of a Standard Visitation order?
STANDARD VISITATION ORDERIT IS FURTHER ORDERED, ADJUDGED AND DECREED that the custodial parent(s) and the non-custodial parent(s) shall be bound by the following terms and provisions, and the non-custodial parent(s) shall have possession of the child(ren) as follows:(a) Definitions. In this section:(1) "School" means the primary or secondary school in which the child is enrolled, or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.(2) "Standard Order" or "standard possession order" Means an order that provides a parent named as a non-custodial parent with rights of possession of a child in accordance with the terms and conditions provided in this section.(3) "Child(ren)" applies to all children the subjects of this cause of action under the age of 18, and not otherwise emancipated.(b) Mutual Agreement or Specific Terms for Possession. It is ordered that the parties may have possession of the child at any and all times mutually agreed to in advance by the parties and failing mutual agreement, shall have possession of the child under the specified terms herein set out in this standard order.(c) Parents Who Reside 100 Miles Or Less Apart.Except as otherwise explicitly provided, if the non-custodial parent resides 100 Miles or less from the primary residence of the child, the non-custodial parent shall have possession of the child as follows, according to the election made as indicated by an "X" or "/":(1)____ (a) on weekends from 6 p.m. on the first, third and fifth Friday of each month until 6 p.m. on the following Sunday (or, at the non-custodial parent's election made before the rendition of the original or modification order), ____ (b) from the time the child's school day ends, if any, on the first, third, and fifth Fridays of each month until 6 p.m. on the following Sunday; and(2)____ (a) on Wednesdays of each week during the regular school term from 6 p.m. until 8 p.m., (or at the non-custodial parent's election made before the rendition of the original or modification order), ____ (b) from the time the child's school day ends, if any, until 8 p.m. on Wednesdays of each week during the regular school term.(d) Weekend Possession Extended by Holiday. Except as otherwise explicitly provided, if a weekend period of possession of the non-custodial parent coincides with a school holiday during the regular School term, or with a federal, state, or local holiday during the summer months in which school is not in session, the weekend shall extend until 6 p.m. on a Monday holiday or school holiday or shall begin at 6 p.m. Thursday for a Friday holiday or school holiday, as applicable.(e) Vacations and Holidays. The following provisions govern possession of the child for vacations and for certain specific holidays and supersede any conflicting weekend or Wednesday periods of possession provided by subsections (c) and (d) of this section. The non-custodial parent and custodial parent shall have rights of possession of the child as follows:(1) the non-custodial parent shall have possession of the child in even-numbered years from 6 p.m. on the last school day before the Christmas school vacation begins until noon on December 26th, and the custodial parent shall have possession for the same period in odd-numbered years;(2) the non-custodial parent shall have possession of the child in odd-numbered years from noon on December 26th until 6 p.m. on the day before school resumes, and the custodial parent shall have possession for the same period in even-numbered years;(3) the non-custodial parent shall have possession of the child in odd-numbered years from 6 p.m. on the Wednesday before Thanksgiving until 6 p.m. on the following Sunday, and the custodial parent shall have possession for the same period in even numbered years;(4) the non-custodial parent shall have possession of the child in even-numbered years from 6 p.m. on the last school day before the school's spring vacation begins until 6 p.m. on the day before school resumes, and the custodial parent shall have possession for the same period in odd-numbered years;(5) if the non-custodial parent:(A) gives the custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 30 days between June 1 and August 31, to be exercised in no more than Two separate periods of at least seven consecutive days each; or(B) does not give the Custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 30 consecutive days at 6 p.m. on July 1 and ending on July 31;(6) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days' written notice on or after May 16 of each year, the custodial parent shall have possession of the child on any one weekend from Friday at 6 p.m. to 6 p.m. on the following Sunday during any one period of possession by the non-custodial parent under subdivision (5) of this subsection, provided that the custodial parent picks up the child from the non-custodial parent and returns the child to that same place;(7) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days' written notice on or after May 16 of each year, the custodial parent may designate one weekend between June 1 and August 31, during which an otherwise scheduled weekend period of possession by the non-custodial parent will not take place, provided that the weekend so designated does not interfere with the non-custodial parent's period or periods of extended summer possession or with Father's Day if the non-custodial parent is the father of the child;(8) the parent not in possession of the child on the child's birthday shall have possession of the child from 6 p.m. to 8 p.m. on that day, provided that the parent not in possession picks up the child from the child's residence and returns the child to that same place.(9) if the father shall have possession of the child on Father's Day from 9 a.m. to 6 p.m., provided that, if he is not in possession of the child, he picks up the child from the child's residence and returns the child to that same place; and(10) if the mother shall have possession of the child on Mother's Day from 9 a.m. to 6 p.m., provided that, if she is not in possession of the child, she picks up the child from the child's residence and returns the child to that same place.(f) First Right Of Refusal. If the parent in possession of the child shall be away for an extended period of time they shall give the other parent the right of first refusal to care for the child.See related link for long distance visitation.
Does a parent lose rights to their children if a legal guardian is appointed?
No. Even if the parent holds full legal and custodial rights he or she cannot change guardianship of the minor child without the other biological parent being informed and given the opportunity to file suit to stop the action. When one wishes to transfer parental rights permanently he or she must do so using the prescribed court procedures as designated by the laws of the state where the parent and child holds residence. Likewise, when a parent wishes to have temporary custody of their child granted to another party (related or not) he or she must notify the non custodial parent and give that person the opportunity to accept the responsibility. Temporary custody is generally defined as 3 months or less and the parent must keep in contact with the custodial person(s) and the child if the child is old enough to participate. Contact is defined by the laws of the state with custodial jurisdiction, (phone calls, visits, emails, written correspondence).
What are the rights of a Missouri custodial parent needing to move out of state but less than 100 miles for career when the non custodial parent has extended non traditional visitation?
Custodial rights in any US state depends largely on the individual circumstances surrounding a dispute and the judge's interpretation of such. Generally the main contributing factors in the decision are. the ages of the children involved, the extent the non custodial parent and other relatives (grandparents, etc.) are currently involved with the children, the purpose of the relocation, and the plans for transportation of the children for visitation purposes. There are no certainties in such situtation. But a move when it pertains to the parent retaining their employment status does carry a considerable amount of weight in the matter.
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.
How do you give full custody of your child to a friend of the family who lives in the U.S.?
A parent can only give a friend or relative temporary custody of a child (meaning three months or less). If one wishes to have someone take full permanent custody of their child, the parent needs to relinquish custodial rights and the accepting adult needs to apply for legal guardianship through prescribed legal methods. The other option is obviously relinquishing parental rights so the child can be adopted. The legal process is quite different however if the child is not a U.S. citizen.
Will the custodial parent get less child support if unemployed?
No. Support is based upon the income of the non custodial parent and in some cases the needs of the minor child/children.
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.
What are the Economic effects of divorce on children?
Usually their standard of living is lowered because now there are two households instead of one which means two rents or mortgages as well as the utilities for each. In addition, many times the non-custodial parent doesn't pay child support in a timely manner, if at all. Sometimes one parent remarries and has more children, so there is even less money for the children from the first marriage.
What if parent paying child support earns less than parent receiving support?
This is dependent on the custody arrangments, but even sole custodial fathers are often ordered to pay. More of then pay than the total number of non-custodial mothers paying, with out without orders.
Can a 14 year old choose to live with the noncustodial parent if the custodial parent is abusive in Florida?
See related question, but you do not want to complain to family services, as the child will simply be put into foster care, than returned to the custodial parent. In less than 15% of the cases do they give the child to the other parent. The other parent will need to collect evidence and file a custody challenge. The child has the right to an opinion, but not to choose.
Can your ex get your kids just because he does not want to pay child support?
First, it is an Urban Myth that fathers go for custody to avoid paying child support. First, who would support the children while in his custody? Less then 15% of mothers are ordered to pay, and depending on circumstances, the custodial father is often still ordered to pay child support.
If the father is custodial parent and the mother loses her job do to her own actions and cant get unemployment can she get child support based on no income when she is capible of making more money?
Child support is for the custodial parent.Be warned though that courts have ordered custodial fathers to pay when the mother make considerably less. This is most common in California.
If you are custodial parent and make less than child support given by father can you claim child on taxes?
In my state I know for fact that the custodial parent has the right to claim child/children over non custodial. I went through this last year.Visiting parent claimed the kids before I went and did my taxes.I was not able to file because he claimed them first.Then I proved proof that I was custodial parent and I was able to file and got all of the monies I was supposed to.They informed me that he would have to payback all the monies owed to the IRS that he was not supposed to get. Now if you have a arrangement in writing or by court order then it will they go by that.
Is the Custodial Support foundation Amnesty program for Non Custodial parents reputable?
Such companies are representatives of the non custodial parent in the same manner as an attorney. In some instances the fees attached to any assistance (modification of support orders, helping reinstate driving privileges, warrants etc.) are less than a private attorney would charge. But, there are no private companies that can guarantee the problem(s) of the non custodial parent will be resolved. Most US states have their own amnesty programs. Please understand that amnesty does not indicate that the non custodial parent will be released from their current or arrears financial obligations. What it means is depending upon an individual's situation support orders and other issues may be subject to modification...not dismissal.
Visitation Order-What is a good example of a Standard Visitation order?
STANDARD VISITATION ORDERIT IS FURTHER ORDERED, ADJUDGED AND DECREED that the custodial parent(s) and the non-custodial parent(s) shall be bound by the following terms and provisions, and the non-custodial parent(s) shall have possession of the child(ren) as follows:(a) Definitions. In this section:(1) "School" means the primary or secondary school in which the child is enrolled, or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.(2) "Standard Order" or "standard possession order" Means an order that provides a parent named as a non-custodial parent with rights of possession of a child in accordance with the terms and conditions provided in this section.(3) "Child(ren)" applies to all children the subjects of this cause of action under the age of 18, and not otherwise emancipated.(b) Mutual Agreement or Specific Terms for Possession. It is ordered that the parties may have possession of the child at any and all times mutually agreed to in advance by the parties and failing mutual agreement, shall have possession of the child under the specified terms herein set out in this standard order.(c) Parents Who Reside 100 Miles Or Less Apart.Except as otherwise explicitly provided, if the non-custodial parent resides 100 Miles or less from the primary residence of the child, the non-custodial parent shall have possession of the child as follows, according to the election made as indicated by an "X" or "/":(1)____ (a) on weekends from 6 p.m. on the first, third and fifth Friday of each month until 6 p.m. on the following Sunday (or, at the non-custodial parent's election made before the rendition of the original or modification order), ____ (b) from the time the child's school day ends, if any, on the first, third, and fifth Fridays of each month until 6 p.m. on the following Sunday; and(2)____ (a) on Wednesdays of each week during the regular school term from 6 p.m. until 8 p.m., (or at the non-custodial parent's election made before the rendition of the original or modification order), ____ (b) from the time the child's school day ends, if any, until 8 p.m. on Wednesdays of each week during the regular school term.(d) Weekend Possession Extended by Holiday. Except as otherwise explicitly provided, if a weekend period of possession of the non-custodial parent coincides with a school holiday during the regular School term, or with a federal, state, or local holiday during the summer months in which school is not in session, the weekend shall extend until 6 p.m. on a Monday holiday or school holiday or shall begin at 6 p.m. Thursday for a Friday holiday or school holiday, as applicable.(e) Vacations and Holidays. The following provisions govern possession of the child for vacations and for certain specific holidays and supersede any conflicting weekend or Wednesday periods of possession provided by subsections (c) and (d) of this section. The non-custodial parent and custodial parent shall have rights of possession of the child as follows:(1) the non-custodial parent shall have possession of the child in even-numbered years from 6 p.m. on the last school day before the Christmas school vacation begins until noon on December 26th, and the custodial parent shall have possession for the same period in odd-numbered years;(2) the non-custodial parent shall have possession of the child in odd-numbered years from noon on December 26th until 6 p.m. on the day before school resumes, and the custodial parent shall have possession for the same period in even-numbered years;(3) the non-custodial parent shall have possession of the child in odd-numbered years from 6 p.m. on the Wednesday before Thanksgiving until 6 p.m. on the following Sunday, and the custodial parent shall have possession for the same period in even numbered years;(4) the non-custodial parent shall have possession of the child in even-numbered years from 6 p.m. on the last school day before the school's spring vacation begins until 6 p.m. on the day before school resumes, and the custodial parent shall have possession for the same period in odd-numbered years;(5) if the non-custodial parent:(A) gives the custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 30 days between June 1 and August 31, to be exercised in no more than Two separate periods of at least seven consecutive days each; or(B) does not give the Custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 30 consecutive days at 6 p.m. on July 1 and ending on July 31;(6) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days' written notice on or after May 16 of each year, the custodial parent shall have possession of the child on any one weekend from Friday at 6 p.m. to 6 p.m. on the following Sunday during any one period of possession by the non-custodial parent under subdivision (5) of this subsection, provided that the custodial parent picks up the child from the non-custodial parent and returns the child to that same place;(7) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days' written notice on or after May 16 of each year, the custodial parent may designate one weekend between June 1 and August 31, during which an otherwise scheduled weekend period of possession by the non-custodial parent will not take place, provided that the weekend so designated does not interfere with the non-custodial parent's period or periods of extended summer possession or with Father's Day if the non-custodial parent is the father of the child;(8) the parent not in possession of the child on the child's birthday shall have possession of the child from 6 p.m. to 8 p.m. on that day, provided that the parent not in possession picks up the child from the child's residence and returns the child to that same place.(9) if the father shall have possession of the child on Father's Day from 9 a.m. to 6 p.m., provided that, if he is not in possession of the child, he picks up the child from the child's residence and returns the child to that same place; and(10) if the mother shall have possession of the child on Mother's Day from 9 a.m. to 6 p.m., provided that, if she is not in possession of the child, she picks up the child from the child's residence and returns the child to that same place.(f) First Right Of Refusal. If the parent in possession of the child shall be away for an extended period of time they shall give the other parent the right of first refusal to care for the child.See related link for long distance visitation.
How is child support calculated in Colorado when non custodial makes less than custodial but child is splitting time equally between both?
If the custodial is the father, he pays support, even with sole custody.
Does a parent lose rights to their children if a legal guardian is appointed?
No. Even if the parent holds full legal and custodial rights he or she cannot change guardianship of the minor child without the other biological parent being informed and given the opportunity to file suit to stop the action. When one wishes to transfer parental rights permanently he or she must do so using the prescribed court procedures as designated by the laws of the state where the parent and child holds residence. Likewise, when a parent wishes to have temporary custody of their child granted to another party (related or not) he or she must notify the non custodial parent and give that person the opportunity to accept the responsibility. Temporary custody is generally defined as 3 months or less and the parent must keep in contact with the custodial person(s) and the child if the child is old enough to participate. Contact is defined by the laws of the state with custodial jurisdiction, (phone calls, visits, emails, written correspondence).
