I am seeking to get sole custody of my child. Will that have anything to do with the amount of child support my ex pays? Will he have to pay at all?
2007-03-05 03:41:00 · 28 answers · asked by delicious1970 1 in Family & Relationships ➔ Marriage & Divorce
He has to pay and he's entitled to visitation rights.
2007-03-05 03:43:27 · answer #1 · answered by janicajayne 7 · 2⤊ 0⤋
My answer is based on Child Support Law in the UK. The answer is yes that a non-resident parent will have to pay child support whether or not you have sole custody of the child. This is non-negotiable for a non-resident parent unless they start contesting their genetic link with the child. This liability can be found in Section 1 of the Child Support Act 1991 as a duty to maintain. The law sees child support liability as seperate to residence and contact. Therefore, the issues are dealt with seperately. The court determines residence and contact and then child support liability is assessed by the Child Support Agency. The non-resident parent may have no contact with the child and still be made to pay child support.
As for the amount, this is calculated on a combination of income and how many children there are. The formula for calculation depends on the time of seperation of the parents and by 2012 there will be three different schemes in place known as the Old Scheme, New Scheme and New New Scheme. The New New Scheme will not come into force until 2012 and therefore your maintenance will be calculated by the CSA on the basis of the new scheme (effective from 2003 and is the current scheme). Figures are calculated on gross income and as a rough guide, a non-resident parent pays 15% of income for one qualifying child, 20% for 2 and 25% for 3 or more. Under the current scheme the threshold to affect the assessment is that the child/ren stay 1 night a week (52 nights a year) with the non-resident parent and this therefore lowers the amount of child support. The CSA should be able to provide you with an explanation of how the child support is calculated although the formula at the moment is complex. Special cases will be taken into account. A non-resident parent on income support only has to pay a flat rate of £5 per week, the rest of the payment is made through social security benefits. The current government reforms will aim to make the formula simplier and calculation easier.
2007-03-05 04:07:39 · answer #2 · answered by ell_073 2 · 0⤊ 0⤋
Yes, your ex has to pay child support with you getting sole custody of your children. It depends on what state you are living in on the amount of child support he pays. If he does not pay child support then you can have the money taken out of his pay check from his job. I knew a guy who did not pay support for his son and the money was taken out of his check every month and sent to the ex wife.
2007-03-05 03:53:05 · answer #3 · answered by Nancy M 7 · 0⤊ 0⤋
Child support and the amount paid have nothing to do with whether you get shared or sole custody. Both of those issues will be and should be determined by a judge.
2007-03-05 03:48:13 · answer #4 · answered by Bud 5 · 0⤊ 0⤋
Is he going to have visitation rights of the child. If he does then yes he will have to pay support. If he will not have visitation then I am not sure how that would work. Good Luck.
2007-03-05 03:47:18 · answer #5 · answered by HOT 3 · 0⤊ 0⤋
Yes, he will have to pay. Child support is granted based on how much time the child spends at each parties.
2007-03-05 03:44:31 · answer #6 · answered by Royalhinney 7 · 0⤊ 0⤋
I have sole custody of my sons. Thier father is obligated to support them until thier 18th birthday.
Sole custody just means that he has no say in major decisions in your childs life such as schooling and religion and moving out of state....joint custody means you both agree you will discuss major issues regarding the childrens upbringing, and a lot of instances you cannot just pack up and move out of state/country....
2007-03-05 03:46:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I have full custody of my two boys and they see their dad every other weekend, and I still get the same amount of child support. It doesn't change because of custody, but it could change if there is a change in his/her income.
2007-03-05 03:45:28 · answer #8 · answered by Manda 2 · 0⤊ 0⤋
Of course he has to pay child support! It's his kid and he's the non custodial parent!
2007-03-05 03:50:15 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Depends on how good your lawyer is. Unless your ex signs papers to relinquish all parental rights, you should be awarded child support FOR YOUR CHILD.
2007-03-05 03:45:22 · answer #10 · answered by Romans 8:28 5 · 0⤊ 0⤋
yes he will still have to pay sole custody is just meaning that you are his legal permanent guardian
2007-03-05 03:44:47 · answer #11 · answered by dianashay 2 · 1⤊ 0⤋