Q: If mother has no custody but visits the child once a month can I file for child support ?
A: Absolutely. Under the 2010 Appellate Division case of Colca v. Anson, "parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent." Notably, child support does not belong to either parent. Under the 2002 Appellate Division case of L.V. v. R.S., "[i]t is fundamental that the right to child support belongs to the child and may not be waived by a custodial parent."
I strongly recommend that you take these matters seriously and retain an attorney. Strategic and aggressive counsel will help to maximize the award of child support entered by the Court. Many of the attorneys here on Justia, including myself, would be willing to sit down with you free of charge to explore the facts, explain the law, and address the likely timeline, costs, and range of possible outcomes. Please reach out to one of us.
A: As long as her parental rights have not been terminated you can request child support. Parenting time has nothing to do with child support. Even if she never saw the child you could request child support. File in the county where the child resides.
There can be many things that a layperson might forget or not know to address in such an action. You should give serious thought to consulting a family law attorney who specializes in this type of matter.
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