At its core, the law states that the child's biological parents are solely responsible for the child's maintenance. As a result, most jurisdictions will not cut a non-custodial parent's or obligor's child support payments when a custodial parent decides to remarry. The purpose of this rule is to prevent children who are removed from their homes through court order to pay attention to other people's marriages rather than their own lives. In fact, many courts view a marriage between the custodial and biological parents as being so detrimental to the child's best interests that it would be illegal for them to marry without first having the court remove the child from the home of the custodial parent.
In some cases, however, a court may grant a motion to modify an existing child support order based on a change in circumstances involving the custodial parent. For example, if one parent becomes seriously ill or injured, a court may decide that it is in the best interest of the child for them to move away from the hospital/doctor's office to allow time for a new partner to become familiar with his or her role within the family.
Similarly, if the custodial parent's employment changes significantly, it may be appropriate for him or her to file a motion requesting that his or her support obligation be modified.
At its core, the law states that the child's biological parents are solely responsible for the child's maintenance. As a result, in most states, a custodial parent's choice to remarry will not result in a reduction in an obligor's child support obligations.
If the parent does not make much money and his or her income is not imputed, the monthly child support requirement may be reduced. If a parent does not want imputed income to be applied, he or she may be required to submit proof to counter this application.
If the non-custodial parent remarries and has more children, the court may alter the non-custodial parent's child support obligations. A court, for example, may reduce duties to one kid so that a parent can pay for a future child from a new marriage. The court may also order shared custody or give the non-custodial parent more time with the child.
A court is not required to modify child support if there are more than two kids. Even if some kids are old enough to work and others aren't, most courts don't adjust support because some kids help out with expenses or don't use all their assistance.
Also note that just because you have more than two kids, that doesn't mean your ex has to pay more than $600 per month. Some families with more kids get less money because they can afford only so much even if it's not fair. Other families with fewer kids make more money and still feel like they're being treated fairly by their exes. What matters is what works for your family. If you think your ex should be paying more, ask for a change at your next review hearing.
Even if the custodial parent earns more than the non-custodial parent, the custodial parent owes an obligation to their kid. The child support order would be changed to reflect this, but it does not affect the reality that children ought to be supported by both parents. If one parent doesn't want to or can't pay, the other parent needs to be notified so they can seek additional help.
In fact, the majority of states allow for a deviation from the guideline amount if doing so is in the best interest of the child. For example, if one parent has special needs kids, they might not be able to contribute as much money as others do. In that case, it's appropriate for the non-paying parent to provide some type of assistance with regard to those special needs (such as providing a private school education).
The point is that the income of one spouse should not determine how much money their children receive. That would be taking the role of parent into account which means that all parents have equal responsibility for raising their children. If you are the non-custodial parent, it is your job to make sure that the other parent knows about your decision not to pay and why it was made. This way, you can work together to find a solution that is acceptable to both of you.
Non-custodial parents are accountable for their children's financial and medical support. Payments should be provided by the non-custodial parent using one of the various payment options if payments are not deducted from income or if these payments do not cover the amount of the order(s). If the non-custodial parent fails to make a required payment, the other parent may file a motion in court to have the obligation enforced.
Non-custodial parents can either pay by way of a single lump sum or an installment plan. If paid in full with interest, the support paid by a non-custodial parent would be considered voluntary under state law and could reduce or eliminate his or her liability for future medical costs. Non-custodial parents should not assume that because they provide support through wage deductions or an account they are not responsible for additional expenses such as private school tuition or medical bills. The court can order any amount of child support that it determines is appropriate and reasonable. The non-custodial parent has the right to appeal any order of support entered by the court.
In most cases, the responsibility of establishing a plan to pay child support falls on the custodial parent. However, if the non-custodial parent cannot afford a certain type of support, he or she should notify the other parent of this fact so that an alternative can be proposed.
If a child's parents are not married when the kid is born, the woman immediately has parental responsibility, and the father receives parental responsibility if he obtains a court order. If there is no such order, then both parents share it by reaching some kind of agreement or going to court.
As long as the child needs someone to take care of them because of injury, illness, or some other reason, the mother is still responsible even though she is married to another person. She may be able to get permission from the court to be released from this responsibility if she can show that it would be harmful for her to remain responsible.
The mother's husband can also become responsible for the child if she gets divorced from her husband. In this case, the wife gets custody of the children unless she and her husband can work out an agreement about how to share custody.
Finally, a parent who has gone through a divorce can make arrangements with their former partner so that one of them will be responsible for the child if they ever split up again. This way, everyone knows what will happen to the child's life if something happens to either parent.
In conclusion, the legal guardian of a child is the parent who is responsible for looking after the child.
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