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  1. #1
    Join Date
    Aug 2011
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    Post Seeking Change of Custody After a Change in Child Support

    My question involves child support in the State of: NC

    Divorced parents have shared custody of one minor child. No child support order exists but the parents have agreed on the amount based on the state guidelines for child support. The mother, quits her full time job, starts graduate school part time applies for public assistance and at no point informs the father of a change in her income.

    In applying for public assistance she agrees to allow child support enforcement to pursue the father to sign a VSA. The VSA includes repaying the public assistance.

    Does the father have any recourse?

    Can he sue for a change in custody based on the mother's inability to financially provide for the child?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Iv-D Child Support

    No.

    Custody cannot be decided based upon the parents' financial situation.

    (This has actually been deemed unconstitutional)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Aug 2011
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    2

    Default Re: Iv-D Child Support

    Quote Quoting Dogmatique
    View Post
    No.

    Custody cannot be decided based upon the parents' financial situation.

    (This has actually been deemed unconstitutional)
    But it would need to be considered as part of determining the welfare of the child, wouldn't it?

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Iv-D Child Support

    Nope, not particularly.

    Even parents who have to live in homeless shelters can obtain and retain full custody of their children. "Best Interest" is used to determine custody initially, and of course many many factors are considered.

    But once custody is decided initially, there needs to be a change of circumstance in order to modify the situation. And in those modifications, the parent/s lack of income cannot be considered to any great extent provided the child has a room over their head, food in their belly etc.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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