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divorce child-supportChild support is the periodic payment from a non-custodial parent to a custodial parent, which helps compensate for a child’s living expenses. During the divorce proceedings, the court may award primary or sole custody of a child to one parent. The court then orders the other parent to fulfill child support obligations by setting payment amounts. In the event that the parents are awarded joint custody of the child, the child support obligation is shared by both parents, and is based on a percentage of each parent’s income and the total amount of time each parent spends with the child.
Child support payment amounts are calculated based on a number of factors. The court considers the current income of each parent including their occupational wages, assets like stocks and bonds, welfare benefits, and more. Additionally, the court will look at the custodial parent and child’s standard of living before the divorce, which may include factors such as educational expenses, day care expenses, health insurance, etc.
The court has the right to increase or decrease child support payments when it is in the best interest of the child. Child support payments can be modified based on the following considerations including, but not limited to:
· Income increase or decrease of either parent
· Remarriage
· Change in custody rights
· Extraordinary medical, psychological, education, or dental expenses
· Special needs of the child
· Age of the child
· More
The duration of child support obligations are dependant upon the varying laws of each state. In most states, child support is typically paid throughout the child’s minority, which is 18 years of age, though some states require child support to be paid until the child is 21 years old. However, child support payments can be terminated if the child gets married, enters the military, is lawfully adopted by another party, or becomes legally emancipated or self-supporting.
Because child support is a court order, it is against the law for the payor to not make the obligatory payments. Under the Child Support Enforcement Act of 1984, federal laws allow courts to intercept tax refunds, seize property, or suspend business licenses to enforce child support orders. If these attempts don’t work, the payor may be held in contempt of court and face jail time.
It is important to know that child support laws vary from state to state and can be complex. In order to best protect your legal interests, it is important to seek the assistance of a qualified divorce attorney who can protect the rights of you and your child. Please contact us today to learn more about your legal options or to speak to an experienced divorce lawyer free of charge.
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