ChildSupport

November 2007 - Posts

Child Support....More Then Just Money?
You find many parents fighting over child support; it is an on going battle.  One wants to pay less money, one wants more, you see it everyday.  Child support is to care for your child; it really should be more then just money.  The child should come first, the caring and support of your child should be what is on your mind, although sometimes you will find both parents are more worried about the money; what they are going to receive and not going to receive.The parents are not thinking that child support should be for the child.  So take a moment to think; what is child support suppose to do?  It is the care of your child, making sure they have a safe place to live, enough food to eat, and clothes to wear.  All over the world children do not get the care they need.  Take the time to think before you react. In some cases you will find that the money is not even spent on the child.  I can see where some fathers or mothers are coming from.  There are two parents in every child support case; working together should be the important thing for your child.  With the two parents there is custodial, that is the parent the child lives with and then there is non custodial, this is usually the parent that will be paying child support and in 90 percent of all cases, the father is usually the non custodial paying child support.  Both parents should provide, and it should be an emotional and financial support for the child.  You want your children to grow up and be responsible adults, so maybe taking the time to think if child support is all about money to you is important.  Take a moment to think of your children and use the child support where it should be used.  It never ceases to amaze me how some parents who are getting child support are never happy, if you take a moment to look out into the world at all the children not receiving child support, maybe that will give you a moment to be thankful, that you do have a mother or father that cares enough to support their children. So what is the statement of this blog, well one I hope the information helps you to think on both parties, what child support is really about.  Take the time to think about what you are fighting over. A lot of the fighting is over pain of a separation or divorce.  I believe also it is important to find the right lawyer in any case to help with the situation. 

 

A Few Questions and Answers On Child Support.
Today it is important if you are unmarried, and not really familiar with the person you are seeing or a “ONE” time thing to establish paternity, before you start paying any child support.  So you ask what is paternity, well it means fatherhood, knowing that you are the father of the child.  So when married the paternity is established without taking any kind of legal action.  If you are not married, in most cases it is good to get genetic testing and a court order.  If a woman is 100% sure and the father is denying that he is and not paying any child support, then a court order again will be needed to establish the fatherhood.  Genetic testing is very important and most the time they are your most reliable in showing who the father is, that is why so many few paternity cases will ever go to trial. Another question, which is most often asked.  Can a paternity test be done at any age? Yes a child of any age can be tested to see who the father of the child is.  Child support then will need to be paid for the child.  Payments can be set up, even after many years.  There will be back pay in child support, along with future child support payment. So what happens when after a father has taken a paternity test to determine he is the father; it comes out positive and he is still denying that he is the father of the child, and will not pay child support?  Then a trial will be set.  You know what the outcome will be. Many fathers take off, leave the state and we have also seen in times the country, so that genetic testing can not be done, and think they will not have to pay child support.  When the father is found then paternity will be established.  Also the courts will order child support to be issued, along with the back pay of child support.   What if the father has no job, to young and can not pay child support?  Why then is it so important to establish paternity?  This is for future when the father is able to support their child along with certain privileges and rights. So what happens after paternity is established?  There will be paperwork filed to obtain a support order. There will be more information to come on child support questions and answers, feel free at any time to ask questions. Thank you, Child Support 

 

Child Support Payment Information.
One of the questions on child support is how long will I have to pay for my child?  The time period for child support really does depend upon the state.  In all states both parents do need to be responsible for taking care of the child financially, through their life growing up through high school years.  Although some states have made an extension on child support beyond minority.  There are reasons you would not pay child support. 
  1. Child support is terminated in the event of a child’s death.
  2. If the child enters the armed forces.
  3. The child becomes self supporting.
 What happens if you lose your job, your income drops dramatically or you are laid off?   These are some reasons to request a lowering of your child support.  If you party will agree in a temporary lowering of the child support then have it put in writing, preferably with a lawyers advice, and the documents need to be signed by both parties.  If your party will not agree then you will have to ask the court to modify the amount of your child support, of course this will be more of an expense, then if parties can agree one on one.  Most courts do understand problems with a job, or if you are experiencing financial problems. I can not stress how important it is to find the right lawyer, even if the expense is heavy when going to court; they will pay for themselves a dozen times. So how do you show your income, when it comes to paying child support or decrease in pay?  Courts require documents such as your pay statements, tax returns, and profit or loss statements of proprietorships.  It is the intent that all of the parent’s income is received and looked over, to calculate child support. What cost is factored in on child care cost?  The cost of the child should be split up equally between both parents.  The child care cost is incurred, that a parent is able to earn income.  So this means a greater amount of combined income is available. If just one parent is paying the child care expenses then that parent will receive payment from the other parent.

 

What Is Child Support?
Child support in most countries is a payment from a non custodial parent to a custodial parent, or person taking care of the child being a guardian or a care giver.  It is suppose to be used in care of the child or children, in most times it is because of a separation or divorce.  It is arranged by the family law.  Child support does not necessarily come from divorce parents, the parents do not need to be married at all, and paternity is the obligation.  Child support is based on policy that parents will support their children even if they are not living with both parents, but there should be visitation rights.   Child Support should be fair.  Make sure you look for an experience lawyer that does specialize in child custody and child support.  The child is what is important here.  A divorce itself can be devastating to everyone, finding a lawyer that will help you both work together for your children are important. So how is the amount of child support, to be paid determined?  There is a guideline that federal goes by, this guideline helps prevent a widely different amounts being ordered in courtrooms.  You will find that most states have formulas established that are used in determining how much the amount of child support one parent will have to pay to another.  Also the amount of time spent with the child is factored in.  The custodial parent is usually the one that spends the most money.  The number of children also, you will find that the amount of child support per child is lower if you have more children together.  There are also special circumstances that are factored in, in some cases. So what are some of the special circumstances that will require a higher amount of child support?  Here are just a few examples. 1.  Special education needs2.  Travel Expenses, how far will the parent need to travel to spend time with their children.3.  Major medical expenses.4. The cost of living expenses for the children from another relationship These can all factor in on the amount of child support to be paid. There are so many factors to come up with the amount of child support, that some states have allowed computer programs to be designed to help figure the amount of child support

 

Child Support Case Study From A Father Living In Denver

Information from a Denver Vehicle License Agency was used to lead to one non-resident in Liverpool not paying child support. It does seem like some non-resident parents never tire of trying to avoid child support. This father has been pursued since 2003.

Over a number of years he was sent letters, referring to his child support and they were always returned addressee unknown. He was also sent bailiffs to see him but they were never proved fruitless. The father claimed he was living with his mother, and that the house was being sold, they were moving her into a nursing home. Also employees at his company helped hide him from child support agencies and screened all of his calls, knowing that he owed child support. The father also failed to show up at court.

The father was finally traced to a non-resident parent through the Denver License Agency who confirmed that the father and his parent still lived at the original address. When the residents were visited his car was parked outside of the home. The mother was talked to about him not paying child support and where he was staying, she denied knowing of his whereabouts, and also seemed far from the need of a nursing home. With there being a confirmed address on this father who has never paid a dime of child support, there is now an issue for his arrest.

Agencies are taking a firmer action towards parents who fail to pay child support. There are thousands of cases being looked into. Who owe their children several years of child support. What makes a person believe that they can not take care of their own children?

Over the last several years there has been an increase in number of enforcements taken to find fathers and get them to pay child support. An example is between November of 2005 and October 2006 they were granted about 13,700 liability orders, and that is up from 11,245 April 2005 and March 2006.

 

What is a liability order? It shows that the law recognizes that there is a debt to be paid and the authority of the court to take action against money owed, in these cases being child support.