Child support?
Man thinks son would have a much better life with him. Does the man have to pay the girlfriend child support in order for him to have custody of the child?
He wants to have parental custodian and she will have visitation.
Which party gets child support? They reside in New Jersey
The courts determine custody of a child. If the man thinks the child would be better with him, if the mother agrees and gives him custody through the court, then the man can seek child support from the mother. In fact, in some cases where the parents have agreed that no child support is required from one party, the court (judge) can assign child support anyway. It is to be in the best interests of the child. If you feel that you would be better custodial parent and you have been active in the child’s upbringing, you could petition to have custody (and could ask for support as well). Many times courts give preference to the mother, but it is supposed to be in the child’s best interest. When a child reaches about 14, judges may ask for their preference, though the court determines where custody goes unless one parent does not ant custody. Visitation is almost always given to the non-custodial parent because it is in the best interest of the child – for reasonable times. The parties may agree on this. if you both agree, the judge is likely to go with it (except sometimes will assign cutody anyway).. If you have custody of the child — not just physical cutoday but the court has given you custody, then she will not longer receive child support. Child support is for support of a child.
My husband got physical costody but his child support kept going out automatically and we went to court to get legal custody and did, but the court and our attorney didn’t send the paperwork to his pension adminsitrator so she still got another payment — a year total when he had custody. By that time he was 18 and the childsupport was moot anyway.
This is not a legal opinion. Whoever has legal custoday gets any child support and it is usually in an amount they can pay – though they often don’t thnk so. To put a child in nursery or child care while a person works is epensive, often taking all the child support and ther eis still food and housing and clothes, etc.