Q: If there is no support order in place is the non custodial parent obligated to pay child support?
Non-custodial parent was paying $300 a month (this was voluntary there is no court ordered support) but very little of the money was going to the child; this resulted in most many of the everyday costs being paid by the non custodial parent in addition to the $300 per month. Complicating matters the custodial parent refused to set a visitation schedule. The non-custodial parent stopped paying the $300 until a parenting plan could be establiblished and appropriate child support and tax credit be calculated based on parenting time (again the custodial parent continues to claim the child each year and refuses to compromise). This has gone on for several months and so far the custodial parent is still refusing to establish a parenting plan, frequently blocks or makes last minute changes to scheduled visitation, and has reduced the non-custodial parent visits to a 48 hour window.
So, is the non-custodial parent obligated to pay support without a court order?
A: Yes and no. A court order is required to formally enforce any and all terms of a custody and separation agreement. However, if the parties have reached an out-of-court agreement, the court MAY adopt the previously agreed upon terms. If the negotiation process has broken down, you may have a "contested" case. Contact a family law lawyer for advice and guidance.
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