QUESTION
Can a mother file for child support while the child lives with the father?
Asked on Dec 21st, 2011 on Child Custody - Indiana
More details to this question:
Can a mother file for child support while the child lives with the father?
15 ANSWERS
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Wow, does this question beg more questions. Why is the child with the father? Is there a court order in place regarding visitation, custody or parenting? Were mother and father ever married?
Answered on Jul 08th, 2013 at 2:10 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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No - unless there are additional relevant facts that are not disclosed by the question.
Answered on Jul 02nd, 2013 at 10:24 PM
4 Awards
No.
Answered on May 30th, 2013 at 10:36 PM
No. Plain and simple. She is not in need of support for the child is the child is not residing for her. It is quite the contrary, the father can request child support from the the mother for support of the child since the child is residing with him.
Answered on Dec 30th, 2011 at 9:41 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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It is unlikely that a parent without physical custody (noncustodial parent) of a child could obtain child support from the parent with primary physical custody. If, for some reason, the noncustodial parent is shouldering a much larger portion of the expenses, then perhaps the court would consider awarding support to the noncustodial parent but it is more likely that the court would order the noncustodial parent to pay an adequate amount of child support. Under Nevada Revised Statute 125B.030 it is the parent with custody that is presumed to be entitled to child support.
Answered on Dec 27th, 2011 at 9:45 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If the father has custody and the child lives with the father, then NO. In fact, he should file for child support against her.
Answered on Dec 27th, 2011 at 2:01 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Generally, no. If the father has the majority of the time, and you have a couple evenings a week and every other weekend (a pretty standard order), you would not receive support. However, if you have closer to equal time, and you make less than father, you could receive support.
Answered on Dec 27th, 2011 at 12:39 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes, but it is very possible that the mother will have to pay the father.
Answered on Dec 27th, 2011 at 12:17 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Child support is determined according to the Florida Child Support Guidelines. It is based on the combined incomes of the parties and the timesharing arrangement that the parties share. So, yes, it is possible that she might be entitled to child support, even if the children live predominately with you.
Answered on Dec 27th, 2011 at 11:58 AM
1 Award
Yes, but depending on the type of custody, she would probably not be successful. If the parties do not haveshared custody and the child primarily resides with the father, the mother would not have a cause of action against the father for him to pay her a monthly amount ofchild support.
Answered on Dec 27th, 2011 at 11:48 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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No. Support is always paid to the custodial parent. The only exception I can think of would be if the parents split custody and their is a disparetency in income between the parents.
Answered on Dec 27th, 2011 at 11:41 AM
Alimony Attorney serving Walnut Creek, CA
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Walnut Creek Family Law Center, Inc.
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Yes. However we have a state mandated guideline in California and you could wind up paying. The factors considered include each party's income; # of dependents; tax filing status; percentage of time each has with the child; new spouse income; mortgage interest and property taxes; deferred compensation; other children, etc.
Answered on Dec 22nd, 2011 at 8:08 PM
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Anyone can file. The question is will she succeed in getting an order for support coming her way. If the child lives with the father, the father should not be paying support to the mother.
Answered on Dec 22nd, 2011 at 7:30 PM
Glen Edward Ashman
If they have custody under a court order, yes.
Answered on Dec 22nd, 2011 at 7:19 PM
Child Support in Indiana is determined by the Indiana Child Support Guidelines. You can find an online calculator on in.gov. It is possible for the custodial parent to owe the non-custodial parent child support, however, it is uncommon. The child support guidelines take into account, the gross income of both parents, the amount of overnights the children spend with the non-custodial parent, work related daycare expenses and health insurance premium cost for the children.
Answered on Dec 22nd, 2011 at 6:12 PM