DROs
require noncustodial parents to document a minimum number of attempts to follow the court order where the NCP was denied access to the child.
The Parenting Time Guidelines
require the noncustodial parent to provide transportation for the child (ren) at the start of the scheduled parenting time, and the custodial parent to provide transportation for the child (ren) at the end of the scheduled parenting time.
When parties divorce, the court will usually
require the noncustodial parent to pay a percentage of his or her net income as child support.
However, the base child support obligation can be adjusted by
requiring the noncustodial parent to pay more child support for certain costs, such as child care, health insurance and medical expenses.
A «step - up plan» or «graduated» is a type of possession and access schedule or parenting time schedule that
requires the noncustodial parent's time with the child to start off being more limited than it would be under a Standard Possession Orderand step up to add more time.
Not exact matches
Some states
require the custodial parent to provide advance written notice of an intended move to the
noncustodial parent.
Form 8332
requires a taxpayer to furnish: (1) The name of the child; (2) the name and Social Security number of the
noncustodial parent claiming the dependency exemption deduction; (3) the Social Security number of the custodial parent; (4) the signature of the custodial parent; (5) the date of the custodial parent's signature; and (6) the year (s) for which the claims were released.
Additionally, if there is an allegation that a
noncustodial parent is behind on child support payments, then an enforcement hearing may be scheduled, which the
noncustodial parent is
required to attend.
In many child custody cases, the
noncustodial party is
required to pay child support to ensure that the child is given ample opportunity to receive the best life possible.
A court order is not
required if the
noncustodial parent:
The
noncustodial parent bears the initial burden of showing that the proposed relocation of the children's residence would cause detriment to the children,
requiring a reevaluation of the children's custody.
Child support is calculated using what is referred to as the Arizona Child Support Guidelines and
requires a determination of each parent's gross income, the cost of health insurance for the child (ren) only, daycare costs, parenting time days with the
noncustodial parent, and extraordinary education costs such as private school tuition.
Thus, on an annual basis, the custodial parent is
required to spend $ 546.00 for health care of the child (ren) before the
noncustodial parent is
required to contribute.
Oklahoma
requires that a
noncustodial parent be permitted frequent and continuous contact with a child with visitation.
The
noncustodial parent is
required to contribute to the financial support for the child by making payments to the parent with custody.
Noncustodial parents are
required to make payments directly to MiSDU, which then processes the payment and disburses it to the custodial parent.
Federal and state law
requires that a
noncustodial parent pay child support unless there are special circumstances where a judge waives this requirement.
To determine child support obligations, Florida
requires that separated parents complete a form listing their income and resources, and calculating a support amount to be paid monthly by the
noncustodial parent to the custodial parent.
Faced with missing child support payments, custodial parents have two enforcement tools: one, the administrative enforcement by way of the child support agency, and two, filing a court action to enforce compliance The administrative action does not
require a court appearance, and it includes interceptions of tax refunds, unemployment or wages, suspension of the
noncustodial parent's drivers license and filing a lien against his or her assets.
Once the
noncustodial parent's gross income is determined, the formula subtracts certain deductions
required by Mississippi law, such as federal, state and local taxes, Social Security contributions and support of other children.
For a
noncustodial parent whose annual AGI is $ 5,000 to $ 50,000, the law
requires the judge to follow the guidelines unless the result would be unjust or inappropriate.
The Child Support Division may
require a copy of the divorce decree and existing support order as part of the application, along with additional information such as the
noncustodial parent's Social Security number.
Some states
require a custodial parent to give written notice of an intended move to the
noncustodial parent within a certain time period specified in the statute, for example, 30, 60, 90 days.
State laws allow for a variety of enforcement measures to obtain the
required payments from
noncustodial parents and to deter arrears in the future.
A
noncustodial parent's rights may also include the authority to
require his child to remain within a jurisdiction.
Florida
requires separated parents to list their income and resources, and calculates a support amount to be paid monthly by the
noncustodial parent to the custodial parent.
Finally, at least one jurisdiction has placed the burden on both parties,
requiring both the custodial parent and the
noncustodial parent to present evidence concerning whether the proposed relocation is or is not in the best interests of the child.
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 custodial parent earns $ 1,000 per month and the
noncustodial parent earns $ 2,000 per month, the
noncustodial parent would be
required to pay two - thirds of the total support obligation based on that parent's higher income.
Some provisions in joint legal custody laws
require a minimum visitation period for the
noncustodial parent that can be limited only when there is a threat of physical harm to the child.
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.
The court doesn't
require notice if the child will live closer to the
noncustodial parent after the move or if the parent is moving within the child's current school district.
The custodial parent must use either Form 8332 or a similar statement (containing the same information
required by the form) to make the written declaration to release the exemption to the
noncustodial parent.
The
noncustodial parent must attach the
required information even if it was filed with a return in an earlier year.
Most child support orders
require child support to be automatically withheld from the
noncustodial parent's paycheck.