Does the non-custodial parent still have to pay when the child gets in trouble and sent away while in the custody of the other parent. The non-custodial parent is willing to take custody, but it may be too late now, with all the trouble the kids are in. This is in the state of Iowa, if that helps at all.
2007-08-07 11:41:17 · 5 answers · asked by agreenwolf75 1 in Politics & Government ➔ Law & Ethics
I guess I should have specified more clearly, the children are now in the non-custodial parent's care until another court date. This is the second time they have gotten in trouble while in the custodial parents care. From what I gather, they will either go to detention or be permanently put in their father's care. I was just asked if the state would get the child support or would the custodial parent so I asked you all! Also from my understanding the custodial parent would rather see them sent to dentention then to the non-custodial parent because they do not want to have to pay child support.
2007-08-07 12:25:12 · update #1
Baring a court order changing the decree and assuming the decree does not cover this situation, you would be in violation of the decree is you stopped paying. If you want to modify the support or custody arrangements, you should see a lawyer.
2007-08-07 11:45:46 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋
Generally, child support is always required, absent extenuating circumstances. Even if a child has been sent away to, say, a juvenile detention center, there are costs that parents are responsible for with regard to the child's upbringing. In your specific case, you should contact a lawyer as to whether there are circumstances that would eliminate the need to pay child support. If he thinks so, you should go to court and get a modification order. However, generally, child support orders generally will not be lifted because "setences" for juveniles are rather short. And the fact that you would have taken custody but for the fact that the kids are now in trouble doesn't really make any difference.
2007-08-07 11:48:28 · answer #2 · answered by rd211 3 · 0⤊ 0⤋
Good question. If I had to guess, I would say the child support should go to the agency caring for the kids. Why should the custodial parent get the money, if the kids aren't even in their care anymore? But, that's just my opinion. I would say your best bet is to contact a lawyer about that.
2007-08-07 11:46:13 · answer #3 · answered by tikitiki 7 · 0⤊ 0⤋
100% with no doubt (unless your decree specifically states otherwise) you must continue to pay support. You need to file a modification with the judge and you have a 95% chance that he will grant you permission to stop paying. The quicker you do it, the quicker you don't have to pay. You could also ask for a credit for the time you paid while child was in detention
2007-08-07 12:11:11 · answer #4 · answered by FreakyGeeky 3 · 0⤊ 0⤋
I would say yes, because when a kid gets into trouble with the law parents get stuck paying the court costs, and for any damages. They are still your child and they still need basic care, even if they are incarcerated.
2007-08-07 11:49:21 · answer #5 · answered by Ryan's mom 7 · 0⤊ 0⤋