Do I have to file for child support in my child custody case? 31 Answers as of June 26, 2013

Do all child custody cases involve child support or not? Can I take child support off my case?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The court will establish a parenting and child support at the same time (unless there is an administrative order of child support in place?)
Answer Applies to: Washington
Replied: 8/24/2011
Bagwell Holt Smith Jones & Crowson, P.A.
Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
Custody and child support are different, independent claims. You do not need to address child support in a request for custody.
Answer Applies to: North Carolina
Replied: 8/24/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
No they do not. It depends upon the income of both parties and how often both parents have physical custody of their child among other factors. You need to speak directly to a family law
Answer Applies to: California
Replied: 8/22/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
No one can force you to sue for Child Support. Whether you do or not should not have any bearing on your Custody case however.
Answer Applies to: Pennsylvania
Replied: 8/22/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If you and the other parent agree that child support in not needed the Court must make a determination that this would be in the best interest of the child or children. Judges have refused to allow a child support request be withdrawn.
Answer Applies to: Alabama
Replied: 8/21/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    Almost every child custody case includes an order for child support. You can ask the judge to not rule on support, but I would guess he would anyway - this is b/c the court considers child support to be a right vested with the child and therefore cannot be waived by either parent.
    Answer Applies to: Illinois
    Replied: 8/20/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You may be able to.
    Answer Applies to: New Jersey
    Replied: 6/26/2013
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    You may either reserve or set child support at $0.
    Answer Applies to: California
    Replied: 8/20/2011
    Law Offices of Gregory L. Laurance
    Law Offices of Gregory L. Laurance | Anastasia Ganatsios
    If you are filing an OSC for temporary orders on the issues of child custody and visitation, or if you are modifying a currently existing custody order, then the answer to your question is no. You are not required to seek child support when you file an OSC for child custody. You will note, underneath the caption on your form FL-300 Order to Show Cause, that there are boxes you can check which tell the court and the other party what relief you are seeking. Your options include child support, but it is not mandatory. If, however, the other party has countered with a request for child support, then the court will hear the issue at time of hearing and render a decision. It would help if I knew what stage of the proceedings you were at in order to be more helpful. If the matter has not yet gone to judgment, then you may be looking at a trial. In which case the court will want to resolve all outstanding issues, child support among them. Consider calling your local bar association's attorney referral service and ask for a referral to a local attorney. Good luck.
    Answer Applies to: California
    Replied: 8/20/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    You can choose to relinquish the right to receive support, but really should consult with qualified family law counsel before doing so.
    Answer Applies to: Nevada
    Replied: 8/20/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes you can do one without the other. However, the other parent could raise the issue if s/he wants.
    Answer Applies to: California
    Replied: 8/20/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Both parents are legally responsible for financial support of their children. No judge will permit the case to end without ordering payment of child support by one parent to the other and you have no control over that requirement.
    Answer Applies to: Colorado
    Replied: 8/20/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Courts will typically not rule on a custody determination without establishing support for the child. Florida statute requires that child support be established in a Paternity or Divorce action. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/19/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The state of Washington will not allow you to establish paternity without child support
    Answer Applies to: Washington
    Replied: 8/19/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No but if you are on any kind of assistance the state will intervene.
    Answer Applies to: Wisconsin
    Replied: 8/19/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Custody and child support go hand in hand.
    Answer Applies to: Michigan
    Replied: 8/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A court must make a ruling on child support. If the parties wish to deviate from child support guidelines, specific factual reasons for the deviation must be included in the court order.
    Answer Applies to: Minnesota
    Replied: 8/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Many if not all judges would want some order of support even if the order was $0, as long as you could provide appropriate reason to deviate from the Child Support Guidelines.
    Answer Applies to: Connecticut
    Replied: 8/19/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Child support has to be addressed. You can state that the amount is $0.
    Answer Applies to: Oregon
    Replied: 8/19/2011
    Theiler & Mourtos Attorneys at Law
    Theiler & Mourtos Attorneys at Law | Devan J. Theiler, Esq.
    Once the Courts are involved, so long as the parents of the child in question do not reside in the same home, child support will likely be required. The parents usually cannot just "agree" not to have child support paid. That is because child support is the child's right, not the parent's. And, as with any other contractual agreement, you are not permitted to waive someone else's rights.
    Answer Applies to: New Jersey
    Replied: 8/19/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    I heard a judge say "it takes two to make a child". Why would you deprive a child from his or her benefitsThat money is not for you it is for the support of the child and his or her best interests. Don't be selfish. But yes you can take it off. But the Alabama Department of Human Resources my object.
    Answer Applies to: Alabama
    Replied: 8/19/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Generally, the courts do not allow one party to not seek child support from the other party. This is due to the fact that the child support is for the benefit of the child, and the courts are hesitant to allow for you to refuse something that is for the benefit of the child.
    Answer Applies to: Florida
    Replied: 8/19/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Child support is an issue in every child custody case.
    Answer Applies to: New Jersey
    Replied: 8/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A child has a right to be supported, so you not seeking support is likely to weaken your custody claim. Additionally, it may complicate the case since a judge is unlikely to address one without the other.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    You do not have to seek child support, but should you later change your mind no previous agreement could keep you from doing so.
    Answer Applies to: Louisiana
    Replied: 9/2/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    The judges of the superior court almost to a person require child support guidelines be run and an order enter. The order doesn't have to be that one party pays the other but a deviation criteria accepted by the court would need to apply to the case.
    Answer Applies to: Connecticut
    Replied: 8/19/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You don't have to request child support if you don't want to so long as you are not receiving financial assistance from a government agency for that child.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Well, I suppose that you could try. However, in Washington, the court has an independent duty to look after the best interests of the child. That means that it is the court's obligation to see that the child is being adequately supported. If the court sees that you are trying to finalize a case without providing for child support in accordance with state law, then, the court might refuse to enter your documents.
    Answer Applies to: Washington
    Replied: 8/19/2011
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