Child Support Tips
In child custody cases, child support is a major consideration; in such arrangements, after the divorce or separation and the determination of custody, one party (the obligor) may be obligated by the court to provide periodic payments to the other party (the obligee).
In most cases, the person making the payments does not have physical custody of the child, and the person receiving the payments does.
When the court awards joint physical custody, and the child spends considerable time with both parents, child support may still be required, depending on income levels of the respective parties.
Most countries and international bodies recognize the responsibilities of both parents in the upbringing and development of children, regardless of whether the parents live together or are separated.
This principle has been formally declared in the United Nations Convention on the Rights of the Child, a document that has been formally ratified by all UN members except Somalia and the United States.
(The U.
S.
failure to ratify this convention stems largely from opposition by right-wing and religious groups, who claim that the convention is unconstitutional, an infringement on national sovereignty and domestic U.
S.
policy, and designed to undermine parents' rights in matters such as homeschooling.
) In the United States, child support is based on the legal theory that both parents are obliged to financially support their children.
Courts rarely interfere in this process when families are intact, but must consider the financial impact of custody cases.
The amount of child support is determined by various calculations that vary from state to state.
Some states only look at the income of the noncustodial parent, and require a percentage of that to be paid to the custodial parent -- reasoning that the custodial parent will already be spending considerable time and money on the child in the course of the daily routine.
Other states calculate both parents' income, assigning each parent a share of financial responsibility for the child's expenses.
Child support payments are intended to cover a child's necessary expenses, including food, shelter, clothing, educational materials, and the like.
These funds can also be used in more indirect ways, such as paying the heating bill at the child's residence -- following the logic that the child benefits from a heated house, even as other occupants benefit as well.
Since support payments will be a fixed amount, it is the responsibility of the custodial parent to establish a budget for how each payment will be allocated toward the child's expenses.
Sometimes, the court may earmark child support payments for certain large expenses such as school fees, day care, or medical expenses.
A noncustodial parent making child support payments may also be obligated to continue providing health insurance for the child, depending on which parent has access to the most beneficial plan.
Problems often arise with nonpayment of child support.
If the obligor is employed, nonpayment can usually be rectified by having the obligor's wages garnished.
However, if the obligor is unemployed or if the court cannot get access to the obligor's wages, then he or she may be jailed for contempt of court.
Other measures that can be taken include suspending the nonpayer's driver's license, revoking professional licenses such as licenses to practice law or medicine, and seizing income tax refunds.
The court defines a nonpaying parent as being "not in compliance" with a court order, and therefore in contempt of court.
Society has pinned the pejorative term "deadbeat" on such parents, whether the parent is unwilling to pay or is simply unable.
If you have child support obligations but find that you cannot meet those obligations, whether occasionally or recurrently, don't simply not pay.
If your reasons for noncompliance are legitimate -- loss of employment, for instance -- you can petition the court for a modification of the agreement.
Grounds for modification include any financial change in the status of either parent, such as the loss of income.
Other justifications may include a serious illness or disability on the part of the obligor, or a change in the child's circumstances, such as reaching the age of maturity or inheriting money from a grandparent.
Child support is always a tricky issue to navigate; the ultimate aim is to ensure that your child is provided for, in a way that is financially equitable to both parents.
In most cases, the person making the payments does not have physical custody of the child, and the person receiving the payments does.
When the court awards joint physical custody, and the child spends considerable time with both parents, child support may still be required, depending on income levels of the respective parties.
Most countries and international bodies recognize the responsibilities of both parents in the upbringing and development of children, regardless of whether the parents live together or are separated.
This principle has been formally declared in the United Nations Convention on the Rights of the Child, a document that has been formally ratified by all UN members except Somalia and the United States.
(The U.
S.
failure to ratify this convention stems largely from opposition by right-wing and religious groups, who claim that the convention is unconstitutional, an infringement on national sovereignty and domestic U.
S.
policy, and designed to undermine parents' rights in matters such as homeschooling.
) In the United States, child support is based on the legal theory that both parents are obliged to financially support their children.
Courts rarely interfere in this process when families are intact, but must consider the financial impact of custody cases.
The amount of child support is determined by various calculations that vary from state to state.
Some states only look at the income of the noncustodial parent, and require a percentage of that to be paid to the custodial parent -- reasoning that the custodial parent will already be spending considerable time and money on the child in the course of the daily routine.
Other states calculate both parents' income, assigning each parent a share of financial responsibility for the child's expenses.
Child support payments are intended to cover a child's necessary expenses, including food, shelter, clothing, educational materials, and the like.
These funds can also be used in more indirect ways, such as paying the heating bill at the child's residence -- following the logic that the child benefits from a heated house, even as other occupants benefit as well.
Since support payments will be a fixed amount, it is the responsibility of the custodial parent to establish a budget for how each payment will be allocated toward the child's expenses.
Sometimes, the court may earmark child support payments for certain large expenses such as school fees, day care, or medical expenses.
A noncustodial parent making child support payments may also be obligated to continue providing health insurance for the child, depending on which parent has access to the most beneficial plan.
Problems often arise with nonpayment of child support.
If the obligor is employed, nonpayment can usually be rectified by having the obligor's wages garnished.
However, if the obligor is unemployed or if the court cannot get access to the obligor's wages, then he or she may be jailed for contempt of court.
Other measures that can be taken include suspending the nonpayer's driver's license, revoking professional licenses such as licenses to practice law or medicine, and seizing income tax refunds.
The court defines a nonpaying parent as being "not in compliance" with a court order, and therefore in contempt of court.
Society has pinned the pejorative term "deadbeat" on such parents, whether the parent is unwilling to pay or is simply unable.
If you have child support obligations but find that you cannot meet those obligations, whether occasionally or recurrently, don't simply not pay.
If your reasons for noncompliance are legitimate -- loss of employment, for instance -- you can petition the court for a modification of the agreement.
Grounds for modification include any financial change in the status of either parent, such as the loss of income.
Other justifications may include a serious illness or disability on the part of the obligor, or a change in the child's circumstances, such as reaching the age of maturity or inheriting money from a grandparent.
Child support is always a tricky issue to navigate; the ultimate aim is to ensure that your child is provided for, in a way that is financially equitable to both parents.
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