- Does child support automatically terminate if the children go to live with the other parent?
- No. It must be changed by the court.
Are child support and visitation rights related? - No. In most states they are considered separately. Children have a right to support as well as a right to a relationship with both parents. Denying the children access to a noncustodial parent who is not paying child support punishes the children for the behavior of the parent.
Why do courts punish parents for nonpayment of support but not for denial of visitation? - Fortunately, courts in many areas are establishing more positive solutions to the problem of withholding visitation, including make-up time and referring the parties to mediation. Many judges feel that putting the custodial/residential parent in jail might have a harmful effect on the children and punish them as well.
Are child support payments deductible for tax purposes? - No, (and they are not taxed as income to the recipient), unless part of a court order which, under certain circumstances, includes spousal maintenance. Certain medical expenses may be deductible.
Is the parent who pays support allowed to claim the children as dependents for tax purposes? - The parent with more than one-half of the physical custody during the tax year may claim the children as an exemption unless a court order directs otherwise and/or the custodial parent executes IRS form 8332. CAUTION: The IRS changes these rules frequently.
Does child support have to be paid for employed children? - Each situation is different and considered individually. There is a difference between the income of a minor child working part-time versus full-time. Until changed, the existing support order has to be paid.
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