Sunday 10 August 2014

I am in California and my daughters father is in North Carolina . If he signs over custody to me does he still have to pay child support?

Question

I am in California and my daughters father is in North Carolina . If he signs over custody to me does he still have to pay child support?



Answer

He doesn't have to pay any child support that you don't ask for or enforce, but if there is an order for support he is at risk if you only informally say you won't collect it, because legally it is still owed and continues to add up with interest. Also if you have applied for or received any public assistance, such as AFDC, WIC or other government benefits for or on behalf of the child, then the state gets a right to enforce support even if you don't want to. "Signing over" custody only makes the support amount higher, since a parent gets support credit for time the child is with them. So if a parent has zero custody time or visitation, the support will be the highest possible amount based on their income.



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