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If the mother gets full custody of the children, does the father still needs to send child support?

Posted in Child Support on 19th June 2014

If the mother gets full custody of the children, does the father still needs to send child support?
The mother is telling that she got full custody. The father never received any subpoena/info.
Thank you so much guys.

Best answer(s):

Answer by Doc
Chances are, if she got full custody, the judge will “award” her a percentage of his income as “child support.”
Note to Crabby B,
I came home from the war and a year later, without ever letting on, SHE filed for divorce. She asked for a restraining order — as a “combat vet.” she felt her life would be in danger. It was granted. She asked for full custody of both our son and the family cat. I tried to contest but the “judge” informed me that because I’m both a man AND (now retired) in the military, that I’d make a lousy father. She was awarded just over 50% of my pay. Three months later, the cat had been put to sleep — he reminded her of me AND she abandoned our son. It took me three years of fighting to get him back. And the “judge” was generous enough to “Give” me $ 100 a month in child support. I got about 1 year’s worth.
I never spoke ill of her and when he turned 18 went to see her. Within 2 weeks, she was kicking him to the curb, saying that he’s exactly like me. He now hates women and has little to no respect for them. I pray that he meets the right one and that attitude someday changes. I think I’ve more than met MY responsibility. And while I admit that I DID indeed make mistakes, I still feel I was a pretty good father. So please, don’t lecture us about men and responsibility. There’s plenty of blame to go ’round.

Answer by John M
Sounds like Dad needed a better lawyer.

Answer by open thoughts
The father can contest if he was not served, etc, and she cannot prove that she tried according to the guidelines set by law regarding an absent parent.

Now, in answer to full custody/child support. Yes the father is still required to pay child support. Unless the parental rights of the father are fully taken away by the courts…Full custody of the mother does not count. No parental rights means that it is legally as if he is not the father. The only other way he is not required is if someone else adopts the child/children.

Answer by Crabby_blindguy
Yes. Custody and child support are two different issues, and the father must pay the child support the court orders.

Some men try to link the two–or intimidate themother into agreeingto joint custiody in exchange for child support. These scumbags should look at themselves–that kind of attitude is WHY they couldn’t cut it as fathers or husbands.

The bottom line: caring for the child is a responsibiity that doesn’t end jsut because the man wnats to take the money and go parrty. If he didn’t wnt to accept the responsibility, he shoud have joined a monastary, not gotten married.

Answer by Allie F
Yes!!!! If the child is in the mothers care full custody he will still need to provide money to support the child because it is his child so yes he will need to.

Answer by gigglesdarbar
what dad needs to do is seek worthy legal advice and get a lawyer because it sounds like mom is just saying that to mess with his mind. But better to be safe than sorry and hire someone to start legal procedures and do the research and yes unfortunately dad does have to pay child support wether mom has full custody or not. He has not signed over his parental rights which means he is still responsible for this child both morally and legally.

Answer by left_coast_punk
At the risk of stating the obvious, yes he does, she is the custodial parent. If he never recieved a soubpena then that is a separate legal issue he will need to pursue.

Until then the order for support is considered valid.

Answer by raichasays
In the US, yes.

Answer by alaskasourdoughman
No subpoena necessary, if he received notice via regular mail at his last known address. If he ignored the notice that is his problem, then the court rules without him.
Custody and child support are two different orders from the court. The mother MUST ask for child support, file a motion or petition for the court to act (order payment).
The father should document any child support payments and verify with the State Child Support agency. If he has no proof of child support payments, he is still liable and fines, liens against his property, garnished wages, by the State will result.

Answer by BEE Alive
A court order will be on record at the court house so the father needs to go get a copy of it. It will cost 50cents a page possibly.

If he is under court order to pay then yes he will have to pay.

***I can not say this enough.***
ALWAYS DOCUMENT EVERYTHING and make every payment on time.

DOCUMENT ~ DOCUMENT ~ DOCUMENT everything!!!!!

Pay consistantly, on time each month. DO NOT GIVE CASH.
Always pay by money order or check and keep copies of the receipts, money order stub, and cleared checks of EVERYTHING YOU HAVE PAID.

***If you pay directly to ex then get a file and keep organized records of every child support payment.***

***Keep receipts of everything you buy your children because EVERYTHING you buy can be applied to your child support arrears***if there is any. Never say it was a gift ~especially if there are arrears.

If there are arrears then the x can file to get income tax refund so don’t file jointly with your new spouse unless the tax company you use documents it so the irs does not take your new spouses part of the refund.

In some cases it it better to go through the child support enforcement office because it holds both sides accountable BUT if you ever get behind on a payment they will become the child support payee’s enemy and no matter what your x is doing it will not matter because THEY WANT THE MONEY.

KEEP GOOD RECORDS on visits, children behaviors, phone calls, money, time spent and not spent together & etc.

The states look at child support and visitation as seperate so keep good records on both. You will thank me for this in years to come.

Can my babysitter be forced to give my child to her father while I’m not home?

Posted in Child Care on 17th May 2014

Can my babysitter be forced to give my child to her father while I’m not home?
My husband and I are separated and there is no custody order (I’ve only begun the whole process). If he showed up at my house while I’m at work, and the police were called, could my sitter be forced to let him take her?

My husband is an alcoholic and a drug addict and I don’t trust him with my child. I know he has rights but I don’t wasn’t him driving her in a vehicle if he is drunk or high. Thank you.

Best answer(s):

Answer by Melanie
I think he has the right. It might vary depending on where you live. It might be best to get a restraining order against him if you believe that he could harm or put your children in danger. You would have to go talk to your local authorities for more information and to see what your options are

Answer by say hello to my little friend
I don’t know but unless he gots the physical proof on hand hre can’t do nothing so I say you make a letter stating your name and the kids names that you leave your kid in the care of the babysitter(her name ) while at work in your home and that legal proceedings are in order but that you the childs legal guardian do not give the sitter permission to release child to anyone and put your work number and cell number. And demand to be called if such things happen. The cops are the law yes but they cannot get into a civil matter like this especially if it could endanger the child

Answer by Peter
Hi there,

I have sympathy to your situation. A nanny or babysitter is hired to provide care for your child and to think you go to work in fear that your ex may “Rock Up” and try to take the child with him is a worry. It is obviously more so of a worry because you said he is likely to be intoxicated or even on drugs.

The laws are different for various countries and states, but l would imagine in most states the police would still be forced to show a reasonable level of care or officially “Duty Of Care” if your ex was to call police or your babysitter was to call police l very much doubt the police would allow a child to be taken from the home to go with an intoxicated or drug affected parent.

Your babysitter is hired by you to provide the care, by extension you are handing the responsibility to your babysitter to provide adequate care of your child while you are at work and that would suggest to me your babysitter is the one in control at that point in time and not the ex.

I would prepare a letter/note and sign it so if this situation does ever occur, your babysitter can provide the letter to police to advise them that you authorise your babysitter to provide the care while you are at work or busy with other commitments… That way the police can see that you have prepared a response for this potential event and lets just hope the police follow your requests and keep the safety of your child as number one priority (which l am sure they will)

Good luck with it all

Answer by Ruth C
she probably can be forced to give the child over if the police are called, But I don’t think he’ll be calling the police if he’s drunk or high. Even if he did, it’s more likely the police will take him in for being under the influence in public.

Answer by Allanas
Your babysitter is your employee. If you tell him/her not to release the child to the father – legally, he/she can refuse.

BUT – if he shows up with a cop, there could be complications. Technically, the cop won’t grab the baby and leave, but the father could say that HE has custody and the sitter is a kidnapper. Or you kidnapped the baby, or it’s his house and the sitter is on drugs and delusional…

A lot of scenarios could play out.

Tell the sitter to call the police if the father shows up. No conversation, no finding out what he wants – just call the cops on sight. Then she’s to call YOU. Immediately. You have to set it up with your boss that you might need to leave at a moment’s notice.

Good luck!

Answer by harwarda
Have you changed the locks on the house? She should never open the door to him to begin with. You really need to check on your state laws. I would start by calling the police department and discussing with them what they would or would not do in this scenario.

I been receiving child support from my child’s father since she was 2. She is now 7 and he wants to pay less.?

Posted in Child Support on 23rd April 2014

I been receiving child support from my child’s father since she was 2. She is now 7 and he wants to pay less.?
He’s been paying 511.00 monthly. Now, because I earn more money than he does he want to take me to court. Do you think I have a chance in keeping the 511.00 a month or will they lower it.

Best answer(s):

Answer by Marina
what a low life *sigh* sorry you have to deal with this

Answer by ♥Bitchbitch™ #3 and counting….
Yes there is a chance. They go by both of your incomes. If yours has increased significantly, they may reduce his support payments.

I would hire a lawyer. The lawyer can help you find reasonable grounds to keep his support at the same amount (i.e. rising day care costs, rising cost of living, etc).

Answer by hopeful
I am not sure how your state does this type of thing but where I live they go by income of the parties involved. If you are making a considerable amount than he is then yes they will probably lower it. But say….if his job gives him more income and he takes a voluntary lay off for a week then no. I think the difference in pay has to be for at least six months but I am not for sure on it. I would contact child support recovery services in your area and talk to them ….they can tell you the specifics on it.

Answer by Truth Sets You Free
that is his right to do so by filing a modification for child support in family court. It will be determined by judge based on your incomes..per state laws..per guidelines..

Answer by sheloves_dablues
Support is based on HIS income, not yours.

Answer by OOO! I know! I know!
From what I understand, the courts have a formula they use, using both of your incomes. I’m not sure what else the formula takes into consideration but I would agree with getting an attorney or at least consulting one. It is really ultimately up to the courts to decide so it would be anyone’s guess what might happen. Who knows…it might even come back to bite him and increase, assuming his income didn’t decrease. Good luck!

Answer by Brandon
I hate how bitches are all about taking our money. you make more money than him but you still want him to pay you 500 a month? how is he supposed to support himself. and afford to do things with his child. i don’t know your exact situations or how much the father helps out but if i am paying 500 a month you better be providing everything that child needs even when they go to his house. when i get married i am getting a prenup that states the divorce terms. this way we are establishing them while we are happy and not angry at each other trying to take all you can.i want split custody and no child support. i will pay for everything the child needs but i am not paying for you to support your self and pay for your housing and bills. that is all these woman do.

Answer by His mommy
Google “child support calculator in __ state” and enter in your incomes to see what they might lower it to.

Answer by R.M.G!
Child Support payments are not ordered based on the custodial parent’s income(yours), but by the income of the non-custodial parent(him).
Unless he has had a severe reduction in pay, it is unlikely that there will be any change.
Laws do vary, from State to State. You may wish to ask a Family Law specialist in your local jurisdiction.

Answer by Karen H
Sure it’s possible, but if you are now the “bread winner” you should be able to claim your child on taxes. Usually it bounces back and forth every year. With us we each claimed 1 child since we had 2. But, now that I am the bread winner I get to claim both children.

You can also find a child support calculator for your state, plug in the numbers and see. Some states the change has to be more than a certain percentage in order to make the change, some say it has to be a permanent change, like if you make more money because because you took a part time job for the holidays and do not hope to keep that job then it is not a permanent change.

I would highly recommend studying child support laws for your state. It’s is excellent reading.