Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 4 months ago

How does child support work?

If the parent that has custody of the child but earns the double amount of income of the non-custodial parent. Does the custodial parent still have the right to ask for child support? A genuine question I have been misguided a lot by people around me. Thank you in advance!

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  • 4 months ago

    YES but the DISTRICT ATTORNY is the one you should be asking to get the real law as to what your state says.

  • Foofa
    Lv 7
    4 months ago

    In theory the non-custodial parent should pay half toward the child's upbringing regardless of how much the custodial parent earns. But different judges come up with different arrangements and orders. 

  • Yeti
    Lv 7
    4 months ago

    How it works varies at the state level.

    Generally speaking, a fixed formula usually is used to calculate support, based on the parents' gross incomes and how often each parent has the child (usually calculated with overnights).

    The noncustodial parent usually ends up paying at least a minimal amount of support to the custodial parent, even if the custodial parent earns more money.

    As an underlying principle, if you're not raising your child directly, you're paying at least a minimal amount for someone else to do it.

  • 4 months ago

    Yes, they still get support.  

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  • Tavy
    Lv 7
    4 months ago

    In the UK the non custodial parent pays  child support

    My son has custody of his children and his ex wife has to pay support, no matter what her income is.

  • xyzzy
    Lv 7
    4 months ago

    Of course it varies by state, but just because the custodial parent ask for child support does not mean they will receive it or get all they ask for. Some states set a flat percentage the non custodial parent can expect to pay (usually around 15-20% of their income), while others states are fairer.  In Georgia they take the total gross income of both parents and the number of children and based on this come up with the monthly amount of or the care and maintenance of the minor child, Say it is $600 a month. Then based on each parents percentage of the total income they are responsible for that percentage of the child support. In your example the non custodial parent would be responsible for $200 or a third of the total.

  • 4 months ago

    Yes.  The amount would be less, but not zero.

  • 4 months ago

    The Non Custodial parent will still be responsible for child support.  However, it is up to the court to decide how much they will make you responsible for.  This is what I told my nephew.

     1) Set the support for the child until you go to court.  Keep copies of all the checks or money orders.  I told him to use a spiral binder and tape each one in by chronicle order.  Underneath he put down what the money order was for and was it a monthly payment or requested additional funds.

    2)  Take all documentation to a court or give to a lawyer to prove you have been caring for your child.  If you are working then provide pay stubs so the judge knows what you are earning and don't lie about it.  If you aren't working then provide proof you are actively looking for work and give him the amount of your unemployment.

    Judges know you have to pay bills - so list all bills such as Rent, Utilities, CC (even if you both ran them up) Car Payment and Insurances, gas and car repair.  Such things as games, football tickets, concert tickets, movie tickets, new clothes, chrome bumpers, train horns for your semi,  are not reasons for avoiding to pay child support.

    Each state has different amounts.  California is the most expensive that I have seen.  600 a month for a child?  What are they eating NY Strip every night?

    If you can prove the current child support is placing an undue burden on you then you are allowed to apply for relief. The judge will take all into accord and may reduce it accordingly.  HOWEVER, hiding assets with a girlfriend, parent, sibling don't usually set well with judges.  Judges do not care what issues you both had prior to the divorce only that the children are taken care of.

  • 4 months ago

    Yes, the custodial parent has the right to to demand child support regardless of their income.  Determining how much depends on many factors, not just who makes what.  Usually you can even find child support calculators for each state online that can help you get the idea of what the child support payment will be around.  Just remember they only provide estimates, but also point out the many things that are considered.  Good Luck.

  • Judith
    Lv 7
    4 months ago

    Has the right to ask but it's a waste of time because the other parent won't be required to pay child support.  And if you REALLY want to know then contact an attorney.

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