Custodial vs. Non-custodial Parent Child Support

Child support obligations are based on a variety of factors, including:

• The income of each parent
• Number of children to be supported by each parent
• Other financial responsibilities of the parents

They are also affected by who has primary custody.  Child support payments between parents are not only commonplace, but expected by the courts.  So how do child support payments play out between custodial vs. non-custodial parents?

Child Support Payments and Parent Child Relations

The custody standing of children does not change the fact of non-custodial parent rights.  The custodial parent may not use lack of child support payments to deprive a non-custodial parent of visitation time or a relationship with the children.

Changes to Child Support Payments

It is presumed that both parents will reasonably contribute to their child/children's support.  Lower custodial child support payments may happen if a custodial parent gets laid off, has to care for a sick family member or faces some other financial setback that affects his/her abilities to contribute to the support of the kids.

Disability Child Support

Another possible change is if a non-custodial parent becomes disabled.  A disabled non-custodial child support payment would likely still occur since parents can not get out of paying support obligations, even if they go to jail.  The parent's responsibility to care for his/her children remains because of his/her biological contribution. 

However, courts will modify support payments temporarily or on a permanent basis if necessary so that parent can provide emotional stability as well as financial resources.

Custodial and Non-Custodial Child Support Legal Help

This article is not a substitute or a replacement for legal advice.  An experienced family law attorney can provide specific guidance and make sure both parents are providing for their children as necessary.