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The law says the parent the children live with most of the time is entitled to get child support from the other parent. If the children spend equal (or almost equal) time with both parents, the person with the higher income usually has to pay child support.
How do you start an application for decision-making responsibility (formerly custody) for a child? Step 1: Prepare your court application form. ... Step 2: Get your application issued. ... Step 3: Serve your application. ... Step 4: Complete proof of service. ... Step 5: File your court documents.
To start a new court case, you always have to fill out Form 8: Application (general) in addition to the form that your case is about. For example, if you have to go to court to start a case about child custody and access, you would fill out Form 8 and Form 35.1 Affidavit in Support of Claim for Custody or Access.
Child support, although paid to the other parent, is the legal right of the child. A parent cannot make an agreement saying that the other parent does not have to pay their child support. When one parent lives with the children most of the time, the other parent pays child support.
The Form 35.1: Affidavit is your chance to tell the court what your plan is for the child(ren) and why it is a good one. This affidavit is about your plan. It is not about the other parent or person who might want decision-making responsibility, parenting time or contact.