Divorce Law Child Support

The essence of divorce law child support is that every child has the legal right for decent upbringing and care. This right is independent of who will contribute to it. Children have the right to receive financial support from both parents.

The amount that parents have to pay for child support can be determined in different ways:

Out of court

The amounts can be agreed upon between the parent voluntarily. Usually the attorneys will support this process. The outcome must be written down in an agreement.

Alternatively, an agreement for child support can result from mediation or from collaborative family law. In these divorce law child support processes, the parents make their own decisions and not the court. Arbitration can also be used, but here somebody else is making the decisions. The agreements resulting from these out of court solutions require court approval in many states in the US. The court verifies the agreement against the state guidelines for child support.

By court order

In this case, the family court sets the terms and conditions for the divorce law child support. Usually, the court also prescribes how the money will be collected if payments are overdue.

In the past parents took care of the child support that was ordered by the court. However, many non-custodial parents did not contribute their part. As a result, state child support enforcement agencies are policing the non-custodial parent. They do that in an agressive way to protect the rights of the children. The most frequently used method to get the money is the automatic retrieval from the parent|#39;s paycheck.

Child custody scenarios.

In a joint custody situation, both parents contribute their share of the financial support. One parent to pays the other. In a single parents situation, the court might decide that the parent that is not getting the custody, the “non-custodian parent” also has to contribute. A less frequent situation is where non of the parents get child child custody. In this situation, the court can decide that both parents need to contribute.

How amount of support is determined by the court:

The Child support state guidelines are the basis for the determination of the amount in divorce law child support. The elements taken into account are:

  • both parents income
  • number of children
  • needs of the children

All elements of income are considered:

  • salaries
  • bonusses
  • wages
  • tips
  • commissions
  • investment incomes
  • pensions
  • interests
  • annuities and capital gains
  • trusts or estates
  • social securities
  • veteran benefits
  • other

Changes can be made if:

  • the income of one of the parents changes
  • if there is a change in the cost of living of the children
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