What Is Child Support And What Are The Legal Implications Involved

May 14, 2016

Child support is an amount of money that is paid by the non-custodial parent in a case where they are involved in a divorce. Widely viewed as a punishment to the non-custodial parent and a reward to the parent who receives custody, it is essentially a resource for the benefit of the child or children in the middle of the divorce. There are various laws regarding divorce in different countries, states, and nations. There are differences in these laws, but they all ensure the comfort and maintenance of the child or children.

Characteristics Of Child Support

Child support is an amount that is mandated by the law in various states and jurisdictions such as New York. It is a factor that must be applied in a divorce. It is paid by the parent who loses custody of the children. It cannot be waived by the parent who gets custody of the children. The amount that is paid in child support depends largely on the income that each parent gets. If the parent who is awarded custody of the child or children increases their income, then the child support amount is simply adjusted, not discontinued.

If the non-custodial parent fails to pay the child support or misses a payment, the court can hold them in contempt. Sometimes you can lack the required amount of money due to various reasons. Examples of these reasons are unemployment, health emergencies, as well as other issues that can come up in life. If you find yourself in this situation as the non-custodial parent, then you should seek legal help immediately. There are law firms that specialize in divorce law for example The Mandel Law Firm. They have child support lawyers who are experienced in providing legal counsel in child support disputes.

How Much Child Support Should The Non-Custodial Parent Pay?

The amount of child support that is due depends on various factors and is different from case to case. It is calculated according to an official formula that is held within the Child Support Standards Act. The purpose of this formula is to give a proper estimate of what one should pay for child support. The judge will also consider a number of other factors when determining the amount of child support required. There are some special situations when a judge goes above and beyond the formula when determining the amount of child support to be paid. These situations include:

  1. If the non-custodial parent earns more that $136, 000 every year, then the judge can independently determine how much they should pay annually in child support.
  2. If the non-custodial parent is also paying child support for other mothers from other marriages, then the judge can remove the amounts being paid and use the difference as the base amount for calculating child support with the formula.

Consequences Of Not Paying Child Support

If you fail to pay your child support amounts, this can negatively affect the history you have built up with your credit. You can also experience wage garnishment and lose personal documents, such as one’s driver’s license. You can also lose your passport and even serve some time in jail. If the failure to provide child support is extreme, your assets can be seized by the court and liquidated into child support.

Child support is an important factor that emerges in divorce cases. The non-custodial parent should always pay this support payment. It is for the benefit of the child or children involved.

Summer Carey is a divorce attorney. She has had experience working with child support lawyers to provide maintenance resources for children involved in divorce cases. The details indicated in this report are due to her resourcefulness.

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