2006-07-21 06:35:38 · 27 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
No, whoever gets custody of the children gets child support from the other. Has nothing to do with who files for divorce.
2006-07-21 06:37:41 · answer #1 · answered by Blunt Honesty 7 · 0⤊ 0⤋
Neither the party who asks for the divorce (Petitioner) nor the reasons for the divorce affect who pays child support.
Under the federal Child Support Enforcement Act of 1984, each state must develop guidelines to calculate a range of child support to be paid, based on the parents' incomes and expenses. These guidelines vary considerably from state to state, which means that in virtually identical situations the child support ordered in one state may be far more or less than that ordered in another state. Most states allow their judges considerable leeway in setting the actual amount, as long as the general state guidelines are followed. A few states, including California, do not trust their judges to be consistent and therefore impose very strict guidelines that leave the judges very little latitude.
Regardless of how much latitude judges are given, the guidelines in effect in most states specify factors which must be considered in determining who pays child support, and how much. These factors usually include: the needs of the child--including health insurance, educational needs, day care and special needs, the needs of the custodial parent, the paying parent's ability to pay, and the standard of living of the child before divorce.
In most states, the judge is authorized to examine a parent's ability to earn as well as what he or she is actually earning, and order higher child support if there is a discrepancy. Actual earnings are an important factor in determining a person's ability to earn, but are not conclusive where there is evidence that a person could earn more if she chose to do so. For example, assume a parent with an obligation to pay child support leaves his current job and enrolls in medical or law school, takes a job with lower pay but good potential for higher pay in the future, or takes a lower paying job that provides better job satisfaction. In each of these situations, a court may base the child support award on the income from the original job (ability to earn) rather than on the new income level (ability to pay). The basis for this decision would be that the children's current needs take priority over the parent's career plans and desires.
2006-07-21 06:44:57 · answer #2 · answered by two 4 · 0⤊ 0⤋
The issue of child support is not at all dependent upon who sues for divorce.
Generally speaking, the parent who is given custody of the children by the court is the only one eligible for child support. Alimony, in some states, is also sometimes granted, but that is based upon the relative incomes of the two divorcing people.
The bottom line is that if you are granted the divorce and are given custody ... you're not likely to have to pay any sort of child support.
2006-07-21 06:39:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In theory no. Child support is decided (in most states) by how much you both make, who has primary custody and figured from there. For instance, he may be required to carry the children on his insurance which may reduce child support on his part. But to figure it out, they look at both salaries: say he makes $2000/mo and you make $1200/mo and you have the children 80 % of the time, I would estimate he would have to pay about $400/mo. At least that's how it is in New Mexico. Now, if you make more than him, you may have to pay support if he has them for a larger percentage of the time. I would get a good attorney or even go through mediation to figure this out. Good luck - it can be a very screwed up system.
2006-07-21 06:43:03 · answer #4 · answered by icddppl 5 · 0⤊ 0⤋
Not as long as you'd have custody of your children. Usually, the parent who does not have custody of the children has to pay child support. This means that if the kids are living with the mom, than the dad pays it. If the kids will live with the dad, than the mom has to pay it. It doesn't matter who asks for the divorce.
2006-07-21 06:38:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, it's whomever doesn't have full custody of the child that is to pay child support. If the child lives with the mother, the father is to pay his portion. On the other hand, if the child lives with the father, the mother is to pay her portion. It's all in the best interest of the child. You are both parents of the child and you are both responsible for raising the child.
2006-07-21 06:37:50 · answer #6 · answered by rockinout 4 · 0⤊ 0⤋
no, the person who has the child usually get the child support. or at least that is the way it is supposed to be. I have been a single dad for over 3 years and recieve nothing from there dead beat mother but I am still paying back pay child support on them.
2006-07-21 06:39:15 · answer #7 · answered by teddybar67 4 · 0⤊ 0⤋
No. That has no bearing on who pays child support. The non-custodial parent should pay the child support. Since the kids usually stay with the mom, then it's typically the father that pays.
2006-07-21 06:37:59 · answer #8 · answered by virgogirl 3 · 0⤊ 0⤋
It depends on where the child lives. With the mother or the father. My parents have been divorced twice and both times I have lived with my mom. They have joint custody, but since I live with my mom my dad has to pay child support.
2006-07-21 06:42:24 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No
Who's got the money?
Who's earning?
Who's going to look after the kids? If he is earning the money and you are looking after the kids you are OK. If hes got the kids and you are earning the money then you pay about 15% net for the first child then I don't know the rest of the calcs
2006-07-21 06:41:52 · answer #10 · answered by Anonymous · 0⤊ 0⤋