Child support law is a process that allows non-custodial parents to contribute financially when it comes to raising their kids. The court orders a parent or both parents to pay a certain amount of money monthly which will be used to support the living expenses of the child (or children). However, child support order can no longer be effective when a child attains age of maturity. Child support is for most times incorporated into family law cases that covers matters such as custody, visitation and divorce. Every state has a local child support agency willing to help you perform several duties such as:
- Prepare forms;
- Give detailed information about the procedures for getting and changing child support;
- Explaining how child support decisions are made by the court.
These agencies are willing to help you go through child support procedures without much stress and at no charge. The internet has a lot of resources about the local child support agencies in your locality or country.
How to ask for child support
Each parent has equal rights when it comes to providing financial support for his or her child. However, the court will be handicapped when it comes to enforcing such obligations until an order for support is made. Divorcees seeking child support must make an order for child support. Payments for child support are made until a child attains age of maturity – 18 and above. Here are some cases where you can ask the court to make an order for child support:
- Married parents but divorced and has undergone legal separation process;
- A domestic violence restraining order
- A petition for custody and support of minor children
Changing child support
In a case where situation changes for better or for worse, either parents can request the court to make changes to the amount paid for child support. The changes might be a result of the under listed factors:
- Changes in income
- Income of the other parent
- The amount of time spent with the child.
Once the court receives a petition to modify the amount paid for child support, the court will make a decision based on the proof provided. This implies that payment for child support can either increase or decrease. If you are unsure whether the change in situation will either increase or decrease payment, it is advisable to visit your local support child agency to help calculate the estimates before asking the court to help with the procedures.
Determining responsibility for child support
Guidelines for child support differ depending on each state. The amount to be paid is presided over by the judge. The procedure for child support begins with custody. If one parent has custody of the kid(s), then the non-custodial parent is saddled with the responsibility of paying a large chunk of the child support. The parent who has sole custody might either be unemployed or work part time so as to care for the child. The amount paid for child support is an indication that the custodial parent has limited financial resources to provide completely for the needs of the kid(s).
Joint Custody
When it comes to joint custody, it is sometimes very difficult to calculate the child support for each parent. However, some factors help the court in determining responsibility for child support in the case of joint custody:
- The percentage each parent contributed to the joint income is one of the major factors that determines the outcome of joint custody scenarios. The higher the income one parent contributes, the higher the amount he or she is expected to pay.
- A joint custody is also determined by how much time each parent has physical custody of the child in question. When a child spends more time with one of the parents than the other, it is therefore assumed that the parent who has lesser amount of physical custody pays more when it comes to child support.
However, there is no specific amount each parent has to pay, as it solely depends on the factor unique to each circumstance.
Previously unmarried parents
In a case whereby you were previously unmarried to the child’s other parent, then you are obliged to child support. One of the factors that determine responsibility for child support is whether the child has, for once, lived with you and the amount of time spent with the child. However, stepparents have no legal responsibility to pay for child support except in a case where the child is adopted. By adopting a child, you terminate the legal rights and requirements of the child’s biological parents while assuming full parental responsibilities.
Determining amount paid for child support
Upon preparation for child support proceeding, it is advisable to know your state requirement to know what exactly to expect. The amount to be paid for child support is determined by the court. As soon as the court determines custody, and reviews circumstances surrounding your child support case, then a specific amount is set based on a wide range of factors. Moreover, there are several factors to put into consideration as this determines the amount of child support. Some of the factors include the amount of time spent with the child and income generated. Other factors include social security benefits, wages, commission, interest, annuities, unemployment benefits, compensation at work, retirement benefits whether private or government establishment, amongst other.
Additional factors that influences child support payment include
- Quality of life experienced by the child even before his or her parent separated.
- Child’s living expenses depending on the location.
- Specific needs of the child
- Source of income available to custodial parent
Benefits of hiring an attorney
Requesting child support is easy and straightforward. If you have the right to collect child support, the best way todeal with such situation is by hiring an attorney. This will ensure the process is fast and easy. With an attorney, you also don’t have to deal directly with the other parent.
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