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A Guide to Child Support
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By: XSTILLA.COM
Introduction
Child support payments are the amount of money that's legally required of the non-custodial parent to remit to the custodial parent solely for the care of their child or children. Child support is intended to help cover the costs of the basic necessities of life such as food, clothing, shelter, and any medication, dental or health care that the child may need.
Child support payments are also intended for educational expenses, and all payments must continue until either the child reaches majority, becomes emancipated from the custodial parent, or in the event of the child's death. In many states, the non-custodial parent may still be required to make payments while their child is in college if they are financially able to do so.
Over the course of the child's life, the amount of the payments may change several times based on any number of varying circumstances.
Many times, parents agree among themselves regarding child support, settling the issue without the need for a court trial. However, even in this instance, the court must still evaluate the case to ascertain it is an amount that's in accordance with the law, and also in the best interest of the children involved. Most often, support payments are made directly to the custodial parent, although it's possible for payments to be made directly to other sources such as schools, daycares, and for health care expenses.
How Child Support Payments Are Determined
For a court to determine the amount of a child support payment, both parents must fully disclose all sources of income and all financial obligations. To do this, a financial declaration is signed under oath with the consequences of perjury for supplying misinformation.
The most common factors that affect the actual amount of the child support payments include:
The Child's Age: As a general rule, the younger the child, the less the payments will be as an infant or toddler usually cost less to support than an adolescent.
Special Needs: A child who is healthy, with no physical or mental disabilities, will most often cost less to support than one who is sick or has special needs.
The Non-custodial Parent's Financial Abilities: The courts are required to award child support payments that are based on the non-custodial parent's financial abilities, considering their income from all possible sources.
The Custodial Parent's Financial Situation: Of course the parent who retains custody of the child also must share financial responsibilities, therefore their income, as well as any additional income gained after remarrying or living with another person will also be considered when determining the amount of child support involved.
Other Factors: Often times there are children from another marriage that also require financial support. If this is the case, the court will also take these circumstances into consideration as well as any other lawful responsibilities of either parent. The cost of everyday necessities is also calculated, such as rent or housing payments, as well as food and basic transportation needs.
Child Support and Taxes
Child support payments may not be deducted from a person's income, unlike alimony payments. However, if the non-custodial parent is paying more than half of the total costs to support the child as dictated by the court, they may claim that child on their taxes as a dependent. Parents must agree on the issue of dependents and taxes as only one parent may claim a child after they have divorced.
Taking Legal Action
Every year, billions of dollars in child support go unpaid, causing a host of detrimental effects on the lives of countless children. Many times the non-custodial parent views the payments as if it were an alimony payment being made directly to their ex-spouse, rather than exclusively for the needs of their shared children.
Much like any other type of decree or judgment made by a court, a child support order is legally enforceable. This means that the custodial parent has the ability and the right to make use of all available legal tools such as wage garnishments, the seizure of property or other assets, and filing contempt of court decrees if the other parent refuses to pay.
In many states, parents have the invaluable option of obtaining a wage assignment, which is having the payment sent directly from the non-custodial parent's employer. Issued by the court, the papers are served to the employer who must then deduct the amount from the parent's paycheck as if it were any other deduction, and then send the amount directly to the custodial parent.
Disobeying a child support order may also result in incarceration. The custodial parent will need to file a civil contempt action, allowing the other parent to appear in court to plead their case, if they don't appear in court, a bench warrant will be issued for their arrest. In other cases, the custodial parent can also seek prosecution in a criminal court of law.
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mcurran
March 12, 2009 at 05:08PM
