Sentences with phrase «if noncustodial»

Exceptions exist if the noncustodial parent presents a danger to the child, either emotionally, morally or physically.

If the noncustodial parent cooperates with the DRO and the custodial parent does not, the DRO could file a contempt motion.

If the noncustodial parent lives further than 100 miles from the child, weekday visitation may not be possible.

If the noncustodial parent lives more than 100 miles away from the child, he or she gets an extended summer possession of up to 42 days.

If the noncustodial parent is given the 1st, 3rd, and 5th weekends (beginning on Friday and ending on Sunday), a weeknight visit once a week during the school term, a period of extended summer visitation, and shared holidays, then you probably have an SPO.

If a noncustodial parent fails to arrive at the appointed time and fails to notify the custodial parent that he or she will be late, then the custodial parent need wait for only 30 minutes before considering the visitation canceled.

Also, no notice is required if there is an order of protection in favor of the custodial parent against the noncustodial parent, or if the noncustodial parent has been convicted of domestic violence, child abuse or assault within the past 12 months.

While the amount of child support paid depends in part on the custody and visitation arrangement, the two issues are separate and the custodial parent can not withhold visitation if the noncustodial parent refuses to pay child support or falls behind.

If the noncustodial parent in a joint custody arrangement wants to move without the child, he must file a motion with the court detailing the circumstances and reasons for the move and provide at least 60 days notice to the other parent.

For example, if the noncustodial parent makes 30 percent of the parents» combined income, he will pay 30 percent of the total support amount set by the state.

This can help both parents if the noncustodial parent makes substantially more money than the custodial parent.

The custodial parent does not have the option to withhold visitation if the noncustodial parent is not paying child support.

As long as the custodial parent lives in South Carolina, South Carolina's laws and helping agencies can be used, even if the noncustodial parent lives in another state.

Similarly, if the noncustodial parent receives a promotion that significantly increases his pay, the court could require him to pay more.

For example, if the noncustodial parent becomes disabled and unable to work, the court may modify his child support amount accordingly.

If a noncustodial parent does not have a job or does not make enough money to have support withheld from his income, he can send payments directly to the State Disbursement Unit for distribution to his ex-spouse.

The State has several processes in place if a noncustodial parent fails to pay child support payments.

In most cases, if the noncustodial exercises visitation on a regular basis and complies with the other requirements established by the court (such as, counseling, or abstinence from alcohol before visitation), the court is likely to rule that the step - up visitation plan remains in effect.

If the noncustodial parent agrees to the removal, the parents can likely avoid a legal action in state court to litigate the issue.

If the noncustodial parent does not pay the support as ordered, it can be difficult for the custodial parent to return to court for help enforcing the order.

If the noncustodial parent has a higher income than the custodial parent, then the noncustodial parent would be responsible for the greater portion of the child support; conversely, if the noncustodial parent earns less than the custodial, then the noncustodial parent would be responsible for the smaller portion of the child support obligation.

For example, if a noncustodial parent makes 60 percent of the combined adjusted gross income, a Georgia court may order him to pay 60 percent of the basic support obligation for the child.

As a result, a custodial parent (or parents) may only receive a prorated share of their support if the noncustodial parent has multiple support orders.

If the noncustodial parent can not afford a private policy, they may be ordered to apply for coverage through Texas Healthy Kids Corporation.

If the noncustodial parent chose to take the case to court to enforce his visitation rights, the court could award more visitation to the noncustodial parent to compensate for the lost time.

These include low income, high income, parenting time, other health - related insurance, life insurance, child and dependant care tax, visitation - related travel expenses, alimony paid, mortgage (if noncustodial parent is providing for the cost of the home where the child resides), and permanency plans or foster care plans.

Matters can become even more complicated if the noncustodial parent willfully refuses to pay court ordered child support.

For example, if the noncustodial parent earns $ 150 a week in net income, the resulting base payment amount would be $ 38 a week for one child or $ 80 a week for five children.

For example, North Carolina limits the withholding amount to 40 percent of disposable income if the noncustodial parent has one support order in place and up to 50 percent if he has multiple support orders and is not supporting a spouse or other children.

On the other hand, the judge can increase child support if the noncustodial parent refuses to help raise the child.

If the noncustodial parent has a significant change in income or financial situation, they can petition the court for a modification of child support payments.

If the noncustodial parent feels he or she can't afford to make the child support payments, the noncustodial parent will need to provide a hardship to explain to the court why the child support payments should be reduced.

A general definition was developed in several decisions by the California District Courts of Appeal, in the years following Burgess holding that a shared custody arrangement exists if the noncustodial parent had physical custody at least 40 % of the time.

If a noncustodial parent has become delinquent and isn't making payments according to the child support order, the custodial parent has the legal right to return to court and file an enforcement action.

If the noncustodial parent fails or refuses to pay, the custodial parent has several legal options to enforce the order and collect any overdue support.

(3) Overnight if the noncustodial parent has exercised regular care responsibilities for the child but not to exceed one (1) 24 hour period per week.

If the noncustodial parent refuses to give that consent, the custodial parent shall, before he leaves this state with the child, petition the court for permission to move the child.

A parent entitled to the custody of a child may not change the residence of the child to another state except upon order of the court or with the consent of the noncustodial parent, if the noncustodial parent has been given visitation rights by the decree.

If the noncustodial parent makes such an initial showing of detriment, the court must perform the delicate and difficult task of determining whether a change in custody is in the best interests of the children.

A court order is not required if the noncustodial parent:

This article gives an overview of the ways in which you can enforce your child support order and collect overdue payments if the noncustodial parent lives in Alaska and isn't making payments on time.

Child support payments must be made regularly, and if a noncustodial parent fails to make ordered payments, then the court's probation division will help the custodial parent receive the amount owed by filing a motion with the family court.

If the noncustodial parent is arrested and jailed, then the court will quickly schedule a hearing to assess their ability to pay.

Legal action can also be taken if the noncustodial parent has violated the visitation arrangement.

However, if the noncustodial parent has the custodial parent's consent, he or she can claim:

It might be tempting to tell young children little white lies about where they came from or where an absent parent is — especially if a noncustodial parent has abandoned the family or has struggled with drugs or mental illness.

If the noncustodial parent is actively involved, they should get more time.

Not exact matches

I am not vilifying mothers who give up custody of their kids (which you would know if you go past the headline and read the article because I am addressing the many sides of noncustodial moms).

If you are a divorced, separated, or a noncustodial parent of the child, you can review specific rules to see whether or not you meet the requirements in the Child and Dependent Care Expenses document on the IRS website.

In a nutshell, a child will be treated as being the qualifying relative of his or her noncustodial parent if all four of the following statements are true.