Can the father of the child go to court, and make the mother pay child support to him if she makes more?

Question

My nieces address has always been 9345 Apple St. My sister lived at home while she was pregnant, and then moved in with her boyfriends parents when the baby was born, but legally, her address is with my family. They broke up in November of 2007, and my sister and my niece moved back in. My ex-brother in law went to college and did not work while my sister was pregnant, and makes less than my sister. My sister does not have a college degree, but works in a department store with a high name, and gets paid more than him. My sister does not ask for child support, as because she pays for her food, clothes, diapers, and other necessities for our home, and her father pays for the things at his house. The fathers mother watches the baby ( 3 years old ) while my sister is at work, and depending on her hours that vary because she is in retail, she spends nights there sometimes, and here sometimes. From my point of view, I think of his mother watching my niece during the day as a form of child care, so that shouldn't count for the time spent with her father, because he's at work then as well. I would say that my niece spends more time at our home, so I was thinking that he would have to pay my sister child support if ever. Also, he lives with his parents. They buy everything for my niece, not him. He is supported. My sister is getting an apartment, and then will have to pay for her own bills, food, ect. and won't be taken care of by "Mommy & Daddy". Then, would it still be possible for the father to take my sister to court to pay him? Keep in mind, my sister hasn't asked her father for anything. He wishes to go to court and make her say that she will never want any money from him, ever. But she goes on to say about when she is on her own, and she can barely afford everything because she is a single parent but gets more money than him. Any thoughts on this? My sister and him get into it all the time, and he just told her today that his lawyer can take her to court for child support to go to HIM, and not my sister. Has anyone ever been in a situation like this, or know an intelligent way to answer this?

Answer 1

It doesn't sound like they have a court order in place for visitation or support.  So right now it doesn't matter that his mom is caring for the child.  However, if he goes to court and seeks support the time she spends in his home whether it be with his mom or with him will count heavily towards the court's view of who has custody.  Your sis may want to reconsider getting an apartment now but should consider concentrating on finding some non-family daycare if she want to prove that she has primary custody of her child.

Answer 2

He cannot take your sister to court for child support. ONLY the custodial parent can demand child support. It does'nt matter how much money she makes, he's not entitled. As far as him taking her to court to say that she could never ask for support again?, I don't believe that's possible either. The only way that can occur, is if HE was going to renounce his parental right as a father. That is, if he never wants anything to do with his daughter, and gives full costody of your niece to your sister, then yes, that can be done. He can petition to hand over his parental binding custody. Thus never having to pay child support.

Your sis does'nt have anything to worry about.

Ohhh, however, depending what state you live in, there could be some legal loophole that could lead him to say things like what he's saying. But I still Doubt it highly.

Answer 3

The question is WHO has legal physical custody of the child?  THAT is the person who will GET custody.  If the father gets visitation and the mother has custody then the father pays child support and depending upon the court is also required to pay for child care, (It doesn't matter who provides that child care he still has to pay for it)Just because the father gets visitation doesn't mean he doesn't have to pay child support.  And it doesn't matter where you sister lives, if she has custody then the child's legal address is wherever your sister lives period.  The only way he would be granted child support is if HE had legal physical custody of the child.  

Answer 4

The courts will decide on visitation and custody and decide who gets what as far as child support.If it is 50/50 custody no one gets child support.

If he gets main custody,then she pays,if she gets it he pays.

The mother usually gets custody though,unless the father can prove her unfit or unable to take care of the kids financially.I hope she has learned not to have s*x with a guy anymore unless she is married to him first.

Answer 5

tell your sister to beat him to the punch. if she has primary domicile over the child he will have to pay her child support no matter who makes more money. the courts do what's best for the child so it's not really fair that he helped create a baby that he's not helping take care of.

Answer 6

The parent that has custody is almost always entitled to support  

Answer 7

primary custodial parent can at any time file a motion in court for child support, this is the law for a parent to pay child support

Answer 8

Does your sister have "legal custody" of your niece? If not she needs to go and get that done first. If the child's "legal address" is where ever your sister lives, then no, the father can not get support from your sister no matter how much she makes.

In order for a support order to be given the parent must have legal custody of said child, and the child must reside with the parent seeking support for 6 months or more out of the year. Same in claiming the child on the tax forms. So that the father doesn't have grounds to make a case against your sister, she needs to find a way to spend more time with her daughter, when it comes time for school she needs to enroll the child in school with her address.

The fact that your nieces father is at work during the day won't matter. If your niece is at his parents house where he also resides and it averages to the six months or more then the courts will say that he has custody regardless of whether he pays for anything or not. Altho his mom is helping her greatly with watching her, she needs to get her into a licensed daycare, and only have his mom watch her on those days when she has to work late. If she's there lets say 4-5 days out of the 7 days a week, and 3 nights or more over night the odds will tip in the dads favour with the courts.

So...your sis needs to find a licensed daycare. Altho his mom helps out, she then needs to take HIM for support (daycares aint cheap) and have him pay half the daycare costs. She needs to pay his mom a small amount on the days she keeps your niece for when she works late (and get a receipt from her), she needs to have your niece on her health insurance. Then after she's done all of this, if & when the dad decides to take her to court, she has all the proof she needs to show that she supports her child and is doing so even as a struggling single parent. Hope that helps you~    

Answer 9

If you live in the US…

Dad’s dreaming if he thinks a court will ‘approve’ something stating that she can never ask him for child support—NO court would EVER approve that.  The only way a parent can be relieved of child support is if the child is adopted (in which case their parental rights will be terminated relieving them of all parental responsibilities, including child support).  

The only way he can possibility get child support is if a *court* awards him sole custody (based merely on what you’ve stated, unless something changes or he can prove Mom unfit, that won’t happen) or joint custody (and he might get it if he asks for it—more and more often courts are awarding joint custody).  But even in the case of joint custody, he will only receive child support if Mom makes quite a bit more than he does (and you didn't say how much more she makes, but without a college degree, I'm assuming she's not making a huge amount).

Sis needs to watch the over-night visits.  While she may view it as child care, she’s not working all night long, so it’s not child care.  A few here and there probably won’t make a difference, but if it happens constantly….

Answer 10

Your sister is the main parent that takes care of the child?

Then no, he cant.