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#11
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Define "Custodial Parent"?
"Bob Whiteside" wrote in message ... "Anon" wrote in message ups.com... In California, as in other states, if you substitute "mother" for "custodial parent," you won't go far wrong. If that doesn't quite fit, try "recipient of child support." Surely there is a legal definition or precident somewhere. In my situation, if you calculate the actual days of physical custody, it turns out the dad has the child 51% of the time (mom has 49%). The father earns substantially more money than the mother, so after California child support calculations dad (with a slight majority of custody) pays mom child support. I'm trying to figure out whether the mother is the CP by virtue of the fact that she gets a check from dad, OR if Dad is CP because he has more physical custody. There is a statute that gives a substantial privledge to the CP, I'm just not sure who that is in this case. How can I find out, or is it at the judge's discretion? The CS system has a bunch of different designations for custodial parents depending upon which area of Family Law you are talking about. Here are a few examples: Sole Custodial Parent - A parent with full legal and physical custody of minor children. Sometimes called residential or placement custody. Joint Custodial Parent - Typically a parental agreement where legal custody is shared and physical custody is awarded to only one parent. Sometimes called Joint Legal Custody. Shared Custodial Parent - A parental agreement where both legal and physical custody are awarded to both parents. Sometimes called Joint Legal and Physical Custody. Custodial Parent - The IRS designation for a never married parent who had custody of the child for the greater part of a year and meet the dependency test. Custodial Parent - The IRS designation for a divorced or separated parent who meets the three criteria in the support test. The above CLEARLY demonstrates the insanity of the government people. The fact is that one is either a parent or not a parent, with no third option. No amount of labelling will change such fact. The payment status of parents you described above usually ignores the legal and physical custody status of the parents because the parents are designated as the obligor and the obligee. Since you pay that makes you the obligor even though you have described being a shared parental custody parent. Since you have more physical custody that means you can meet probably meet the IRS as a custodial parent using the dependency test and/or the support test to take the child as an exemption. An emerging area of Family Law is the use of Parenting Plans to allow the parents to create their own agreements on how the details of post-relationship details are implemented. As if the mother is going to forfeit the FREE CASH she gets for keeping her child fatherless. LOL. |
#12
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Define "Custodial Parent"?
On Sep 22, 11:37 am, "Chris" wrote:
"Bob Whiteside" wrote in message ... "Anon" wrote in message oups.com... In California, as in other states, if you substitute "mother" for "custodial parent," you won't go far wrong. If that doesn't quite fit, try "recipient of child support." Surely there is a legal definition or precident somewhere. In my situation, if you calculate the actual days of physical custody, it turns out the dad has the child 51% of the time (mom has 49%). The father earns substantially more money than the mother, so after California child support calculations dad (with a slight majority of custody) pays mom child support. I'm trying to figure out whether the mother is the CP by virtue of the fact that she gets a check from dad, OR if Dad is CP because he has more physical custody. There is a statute that gives a substantial privledge to the CP, I'm just not sure who that is in this case. How can I find out, or is it at the judge's discretion? The CS system has a bunch of different designations for custodial parents depending upon which area of Family Law you are talking about. Here are a few examples: Sole Custodial Parent - A parent with full legal and physical custody of minor children. Sometimes called residential or placement custody. Joint Custodial Parent - Typically a parental agreement where legal custody is shared and physical custody is awarded to only one parent. Sometimes called Joint Legal Custody. Shared Custodial Parent - A parental agreement where both legal and physical custody are awarded to both parents. Sometimes called Joint Legal and Physical Custody. Custodial Parent - The IRS designation for a never married parent who had custody of the child for the greater part of a year and meet the dependency test. Custodial Parent - The IRS designation for a divorced or separated parent who meets the three criteria in the support test. The above CLEARLY demonstrates the insanity of the government people. The fact is that one is either a parent or not a parent, with no third option. No amount of labelling will change such fact. The payment status of parents you described above usually ignores the legal and physical custody status of the parents because the parents are designated as the obligor and the obligee. Since you pay that makes you the obligor even though you have described being a shared parental custody parent. Since you have more physical custody that means you can meet probably meet the IRS as a custodial parent using the dependency test and/or the support test to take the child as an exemption. An emerging area of Family Law is the use of Parenting Plans to allow the parents to create their own agreements on how the details of post-relationship details are implemented. As if the mother is going to forfeit the FREE CASH she gets for keeping her child fatherless. LOL. - Hide quoted text - - Show quoted text -- Hide quoted text - - Show quoted text - touche |
#13
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Define "Custodial Parent"?
Anon wrote in news:1190339571.665456.8420
@t8g2000prg.googlegroups.com: if legal custody were technically 50/50 each would get 182 1/2 days. Perhaps that's the case. It may be irrelevant. Given all the statutes awarding rights to the Custodial Parent, what is the legal definition of the term? Is it simply the parent with MORE time, or is some other criteria used? If it's simply a matter of time, then WHO would be considered the CP if each parent got EXACTLY 262,800 minutes of custody each year? Well, *I* have 50/50 joint physical and legal custody of my son, which I share with his mother. In *MY* case, the effective answer has been -- the mother. It's POSSIBLE that if I earned less money than her, the effective answer would be ME, but I'm not sure of that. Certainly "the lower earning parent" seems less gender biased than "the mother", so it would probably be what a court official would tell you if you asked him about my case. When I asked a similar question of my lawyer in my case, his answer was a question -- "Well, who is paying child support to whom?" There ya go. I pay her money, she doesn't pay me anything, so CSE has lots of documents labelling her as "custodial" and myself as "non-custodial". I'm TOLD that this is "just because we don't have forms saying anything else" and that I "shouldn't worry about any legal ramifications", but, heh. Who are they kidding? - Ron ^*^ |
#14
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Define "Custodial Parent"?
Anon wrote in news:1190357073.328009.51810
@z24g2000prh.googlegroups.com: Interesting questions. The custody order simply states: "The parents shall share joint legal custody." "The parents shall share joint physical custody." Then goes on to state when the child is in the care and custody of the father and the mother. Essentially it's split evenly, but there are a few variances which give slightly more time to the father. Since custody time is so close and the father makes roughly three times what the mother makes, he must pay her child support. Still, the California code is full of language like, "if the custodial parent [blah, blah, blah] the the noncustodial parent [blah, blah, blah]" What I haven't found anywhere is a definition of "custodial parent". Years ago, when most of these laws were written, the courts awarded custody to one parent and visitation to the other, so it all made sense. Mom had custody, so she was the "custodial parent", dad didn't, so he was the "noncustodial parent". But these days, the courts are awarding "joint custody" and "shared custody". So, to apply these laws the courts would have to first figure out who's the CP and who's the NCP. In the code each get very different priveledges. Yet, I haven't found a legal definition for these terms in the code anywhere. Can someone let me know what the courts use to determine who's the CP with "shared custody" arrangements? My money is on the following: The mother. It would likely be up to the judge's discretion, which means: the mother. In the unlikely event that the overall benefit to the State would be for the CP to be considered the father, then the judge MIGHT rule that it was the father. With laws written as you describe them, there isn't really a straight answer, or a written legal one, just a "policy" one, which means "judicial discretion", which likely means the mother will be considered the CP. I, too, have a divorce decree stating that neither I not my son's mother is "custodial", but there are many legal documents out there labelling her as "custodial" and myself as "non-custodial" because I have to pay her CS. No doubt if things were to ever come to a head between my ex and myself, these documents, which every snake-tongued weasel from CSE that I talk to insists have no legal ramifications, WOULD INDEED be allowed to carry legal weight in court. I have no doubt that they would be admitted as having "set a precedent", and the same weasels who tell me not to worry today would be there nodding their heads in sage agreement. - Ron ^*^ |
#15
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Define "Custodial Parent"?
Anon wrote: Interesting questions. The custody order simply states: "The parents shall share joint legal custody." "The parents shall share joint physical custody." Then goes on to state when the child is in the care and custody of the father and the mother. Essentially it's split evenly, but there are a few variances which give slightly more time to the father. Since custody time is so close and the father makes roughly three times what the mother makes, he must pay her child support. Still, the California code is full of language like, "if the custodial parent [blah, blah, blah] the the noncustodial parent [blah, blah, blah]" What I haven't found anywhere is a definition of "custodial parent". Years ago, when most of these laws were written, the courts awarded custody to one parent and visitation to the other, so it all made sense. Mom had custody, so she was the "custodial parent", dad didn't, so he was the "noncustodial parent". But these days, the courts are awarding "joint custody" and "shared custody". So, to apply these laws the courts would have to first figure out who's the CP and who's the NCP. In the code each get very different priveledges. Yet, I haven't found a legal definition for these terms in the code anywhere. Can someone let me know what the courts use to determine who's the CP with "shared custody" arrangements? I'm in a similar situation, where we share equal time, no "custodial" parent is mentioned, but I pay her CS because I work and she just collects disability. Part of me wonders if I would succeed if I tried to get CS from HER, on the grounds that I have as much right to it as she does (it makes perfect sense to me -- if SHE was working and I was not, you think they'd leave me alone?). I don't want to rock the boat right now, but in the future, after I'm off the CS hook, it may be something to consider, just for fun. 18+ years of back child support might come in handy, even if it's only whatever the state can mug off of a disabled woman, eh? :^/ - Ron ^*^ |
#16
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Define "Custodial Parent"?
It goes strickly by day not dollars!
"Chris" wrote in message ... "Bob Whiteside" wrote in message ... "Anon" wrote in message ups.com... In California, as in other states, if you substitute "mother" for "custodial parent," you won't go far wrong. If that doesn't quite fit, try "recipient of child support." Surely there is a legal definition or precident somewhere. In my situation, if you calculate the actual days of physical custody, it turns out the dad has the child 51% of the time (mom has 49%). The father earns substantially more money than the mother, so after California child support calculations dad (with a slight majority of custody) pays mom child support. I'm trying to figure out whether the mother is the CP by virtue of the fact that she gets a check from dad, OR if Dad is CP because he has more physical custody. There is a statute that gives a substantial privledge to the CP, I'm just not sure who that is in this case. How can I find out, or is it at the judge's discretion? The CS system has a bunch of different designations for custodial parents depending upon which area of Family Law you are talking about. Here are a few examples: Sole Custodial Parent - A parent with full legal and physical custody of minor children. Sometimes called residential or placement custody. Joint Custodial Parent - Typically a parental agreement where legal custody is shared and physical custody is awarded to only one parent. Sometimes called Joint Legal Custody. Shared Custodial Parent - A parental agreement where both legal and physical custody are awarded to both parents. Sometimes called Joint Legal and Physical Custody. Custodial Parent - The IRS designation for a never married parent who had custody of the child for the greater part of a year and meet the dependency test. Custodial Parent - The IRS designation for a divorced or separated parent who meets the three criteria in the support test. The above CLEARLY demonstrates the insanity of the government people. The fact is that one is either a parent or not a parent, with no third option. No amount of labelling will change such fact. The payment status of parents you described above usually ignores the legal and physical custody status of the parents because the parents are designated as the obligor and the obligee. Since you pay that makes you the obligor even though you have described being a shared parental custody parent. Since you have more physical custody that means you can meet probably meet the IRS as a custodial parent using the dependency test and/or the support test to take the child as an exemption. An emerging area of Family Law is the use of Parenting Plans to allow the parents to create their own agreements on how the details of post-relationship details are implemented. As if the mother is going to forfeit the FREE CASH she gets for keeping her child fatherless. LOL. |
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