May 2008 - Posts
We have talked about how some parents really try to get out of paying child support, and its even more sad when their family helps them, today I am just going to tell you about a case study of a father found, who was not paying child support, and also tell you that there are so many cases being looked into, but its important to push your case, if you are a parent that needs to be receiving child support, do not give up keep pushing for you and your child!
This is a case study from a Denver Vehicle License Agency that was used to lead toto a non-resident in Liverpool\was not paying child support, and working hard on avoiding paying child support. There is always some one out there trying to avoid paying their child support, and this father was being looked for since 2003.
For several of years he was sent letters, about his child support and back pay in child support, but the letters were always returned with addressee not known on the envelope The father was also sent bailiffs, but they never come through. The father, said that he was living with his mother and that the house was going to be sold, and that they would be moving his mother into a nursing home. Then the employees at his company even helped hide him from paying his child support, the agency screened all of his calls, knowing that he did owe child support. The father also failed to show up for court about his child support.
He was finally traced to a non-resident parent through the help of the Denver License Agency who confirmed that the father and his parent still lived at the original address, that was supposedly being sold. So when the house was visited, there was his car parked outside of the home. They talked to his mother about him not paying child support and where he was staying, then she denied knowing where he was, and she also did not seem like she needed to be in a nursing home. So with there being a confirmed address on this father who had never paid any child support on his child, a warrant was issued for his arrest.
Agencies are taking a firmer action towards parents who fail to pay child support. Over the last several years there has been an increase in number of enforcement's taken to find fathers who have not paid child support, and finally get them to pay. For an example, between November of 2005 & October 2006, there was 13,700 liability orders, and that is up from 11,245 April 2005 & March 2006.
A liability order 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.
Child support really is a big issues, parents fighting, some parents not paying and then the people who stay in severely unhappy relationships just so they do not have to pay child support, even divorce, or deal with child support issues. This is unhealthy for the couple in the marriage, but also on the children. If people would sit back and look at the bigger picture, if you are a working father or mother, you are already providing for your children, child support is the same thing. So it is important not to stay in unhealthy relationships, one for yourself and your children. Now with that being said there is going to be problems with anything, it would be nice to just see parents work together, but that is not always the case, split homes can be just as tough on a child, but honestly is it as bad as seeing parents that despite each other, constant fighting? You are dealing with child support issues now, but also, clothes, school and many other things will become issues, but again stressing for parents to work together on many things, and also the importance of a therapist for the entire family, if you are dealing with divorce and separation is not only good for spouses but to help children move on also and realize it was not anybody's fault.
Then we bring up the question as to what if an ex that is not paying child support, should they still be allowed to see the child? That brings us to the topic of penalties that can happen to an ex that is not paying child support. License can sometimes be pulled from the non custodial parent, this means they will not only have to go through all the back pay of child support, but also getting their license back. You would honestly just think people could be more responsible and take care of their children, its sad but even in some cases you even see the non custodial parent flee after having their license are pulled, or just ignore the fact and get rides from other people and go on about life….is it really that bad taking care of your child? Makes you wonder about people sometimes!
Also non custodial parents do not realize they can set up a payment plans that will also best fit their life for child support, courts will work with you, and they do not want to see family suffering to make payments, go in and talk to someone, if you need help or having problems. The custodial and non custodial parent really should sit down and discuss child support issues and payments, with each other, that honestly is the best case for parents to work together. Not only does it help parents through life, it helps the children!
If you are not married, and not familiar enough with the person you have seen, or a ONE time moment and then someone ends up pregnant, and your just not sure, before you pay any child support it is important that you find out and make sure that you are the father of the child, even if you are unmarried and think you know the person, there has been many cases, where fathers pay child support and find out years down the road, they were not the father of the child, so establishing paternity to make absolute sure is important. So when married the paternity is usually already established through the legal bond of marriage. If you are not married, in most cases it is good to get paternity testing and a court order, to let the court no you are one not a dead beat father, you just want to make total sure, that you are paying for your child. 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 paternity, and the father will have to go for testing, to make sure. Genetic testing is very important and in most cases is absolutely the most accurate way of testing to make sure who the father is.
Another question, is can paternity testing be done at any age? Yes a child of any age can be tested to see who the father of the child is. Back payments in child support then will need to be paid for the child, along with current child support payments. Payments can be set up, even after many years, they really do not expect most father to pay any back child support in a lump sum.
What happens when after a father has taken a paternity test, it shows he is the father, but he is still saying that he is not, well then a trial date will be set in court.
Many fathers take off,and leave the state and sometimes leave the country, so that genetic testing can't be done, and think they will never 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.
Also another good question is if the father has no job, or 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, or you talk about fathers denying the child and going to court, what happens then? There will be paperwork filed to obtain a support order, if they do not pay, they can also do jail time in some states.
The many questions courts or lawyers get is how long will I have to pay child support The time period for child support does really depend on each state, each state has a certain basic guidelines that they go by. In all states both of the parents do need to be responsible for taking care of the child financially, through their life growing up through their high school years. Although some states have made an extension on child support beyond minority. There are reasons you would not pay child support, but one a parent should always be there for their child.
1. Child support is terminated in the event of a child’s death.
2. If the child enters the armed forces, child support will no longer be paid.
3. The child becomes self supporting, then child support would no longer be paid.
So then what happens if you lose your job, you are laid of or your job goes and changes dramatically and your income is lowered, or no income for the moment? These are some reasons to request a lowering of your child support. If the custodial parent will agree and also say it is ok, for a lower payment of child support, then get it put in writing and get them signed for the temporary lowering of the child support, it is always important to get a lawyers advice. But then if your party will not agree, then you will have to go through the court system, of course this will be more of an expense, then if the parents can just agree on one. Most courts do understand problems with a job, or if you are experiencing financial problems.
Another question. So how do you show your income, when it comes to paying child support or decrease in pay? Courts are going to require documents such as your pay stubs, tax returns, and profit or loss statements. It is the intent that all of the parent’s income is received and looked over, to calculate how much child support will be paid by the non custodial parent.
Another question. How do they figure out child care cost? The cost of the child should be split up equally between both of the 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 a payment that can be included in on child support payments.
You know by now after reading many of the child support blogs, that every state has a different set of guidelines for handling child support.. Here is a recap of information on basic child support information, and it pretty much goes for all states. How it is paid, and what it should go for.
Child support is a payment from the non custodial parent to a custodial parent, or person that is the 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 that parents will support their children even if they are not living with both parents, but there should be visitation rights for parents.
Child Support should be fair. Make sure you look for an experience lawyer that does specialize in child custody and child support. The children are important, and that's what parents should think about. A divorce itself can be upsetting to everyone, finding the right lawyer that will help you both work together for your children are important.
So how is the amount of child support determined for a family? There is a guideline that federal goes by, this guideline helps prevent a widely different amounts being ordered in courtrooms, which I think is very important. As I have said most states have a certain guidelines, rules and formulas they go by to determine. Also the amount of time spent with the child is factored in on child support cost. 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 also factored in.. So what are some of the special circumstances that will require a higher amount of child support? Here are just a few examples of what affects the cost in child support.
1. Child Support goes for special education needs in a child's life.
2. Child support can help cover travel expenses, how far will the parent need to travel to spend time with their children.
3. Child support can go for major medical expenses.
4. The cost of living expenses for the children from another relationship can effect child support that is paid
These can all factor in on how much child support is to be paid. There are of course many other factors and some states use a computer program to help them with figuring out the amount to be paid.