ChildSupport

Child Support, Questions...Answers.

You know of course with any moment on the site if you do have a divorce or child support question, its just a click away from asking.  I love spending my days gathering information and helping people, and giving the most up to date information on divorce and child support.  I also like to know that people do not mind asking questions about their divorce and child support questions.  Its nice to me to have a site I can go to, help others and talk to people about any problems they may be having with divorce and child support issues, or if they just need to get something of their chest and then maybe get a divorce or child support question answered.  Over the past few days I have gotten a little more back into some child support questions and also had my girlfriend sign up to ask and get her information while researching for her divorce.  She is the one that asked if she could get alimony and child support in her divorce.  But there is also other problems along the way for others, who have fathers who,  well do not want to be fathers, and that's what this informational child support blog is about, it is for those incredible mothers that have been left alone, and a father claiming not to be the father.  Here is some questions and then answers for paternity in child support cases. So lets dive in and give these incredible mothers some child support information.

If you have not been married and not fighting a divorce well you may be fighting over an ex with paternity for child support.  So one of the questions I have gotten is that he is denying paternity and the mother is 100% sure he is the father, but he will not pay child support....what happens in this case is that you can get a court order, to establish paternity, and make him go for test.  Now if comes back he is the father, he may not set up payments for back child support and child support for future. 

Now this is a question and answer for fathers.....or fathers that have been paying for a child they feel may not be theirs...one beautiful for you for helping a family out, but also,establishing paternity is important.  You can get paternity test simply at the hospital to establish wither you are the father.

Please feel free to ask any questions on your child support or divorce. 

Recap On Child Support Information.

We discusses yesterday about alimony and child support after a divorce.  I had a friend ask me if you can receive both in a divorce and of course you can, they are to separate things.  I gave a recap on alimony and basic divorce information yesterday, so now lets take a look at some basic information on child support after a divorce.

Of course just like when you divorce, each state has different guidelines to divorce as it does child support and how they handle.  The amount of child support does depend a lot on two things when the divorce is settled and child support payments are put into place.  The amount of income BOTH parents have, and the number of children that are being paid for.  I have also done a blog on how much percentage comes out for number of children, but a recap of information on child support for that may be a good idea.

Just like divorce and alimony, child support needs to be fair, this is something that is not being done to punish anyone in the divorce.  Parents need to realize that child support is for the care of their child.  Another reason that counseling after a divorce is so important for everyone in a family.

So lets take a closer look at what can affect the amount of child support after a divorce,  what can make child support be higher.  Child support can also be paid for longer, most child support stops when a child turns 18 years of age, but in some special cases even the ones I am fixing to list can have an affect on child support being paid longer after a divorce.  Now remember, parents should want to help their children i there is special need cases and not expect one parent to take it all on.  So lets take a look now at what can cause child support to be paid longer or a higher amount.  So that one parent is not stuck with higher amount of care.

1.  Child support can be paid longer and higher amount after a divorce if there is, special education needs for your child.

2.  Child support can be paid longer and higher amount after a divorce if there is help needed in traveling expenses.  This is usually just on the case for higher amount in child support and does not continue after the child is of age.

3.  Child support can be paid longer and higher amount after a divorce if there is major medical expenses for your child.

These are just a few of the things that can make child support a higher set amount and to be paid for a longer amount of time, but again like I have said, a parent should want to take care of their children.

Child Support Case Study.

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 Issues, Penalties For Not Paying Child Support.

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!

Child Support, Establish Paternity.

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.

Child Support, Basic Information.

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.

Information Child Support.

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.

Indiana Child Support Information.

Here is some information on child support in Indiana.  It sometimes bothers me how thee non custodial parents who pay child support, do not want to help with their children, by paying child support, or there is always an issue with the child support, it is for the care of their child.  On that being said, I usually like to start my child support informational blogs, with something on that basis, I suppose a reminder to parents, this is for your child.

With child support in Indiana, either parent can be ordered to pay child support.  Child support is not ordered for anything to do with a marital fault or misconduct in the marriage.  Child support in Indiana has certain factors, and those are.

1.  How much the custodial parent makes financially, their resources and what they pay, is a basis to how much child support is paid.

2.  The same goes for the non custodial parent, how much they bring in financially and their financial resources along with what they pay, is a basis to how much child support is paid.

3.  How the child was living during marriage, referred to as the standard of living, before the divorce, is a basis to how much child support is paid.

4.  The physical and mental health of the child, if there is any certain medical bills. is a basis to how much child support is paid.

5.  Education needs of the child.  Now this information is part of a question on divorce and child yesterday.  So I will continue number 5. with some extra information.....Educational needs for the child is an affect for child support, now I have not found any information for how the child has to be.  I do know some states, will have a non custodial parent help, even after a child has graduated from high school and needs help with extra education, which can be college...Now on that being said, I am not sure what the age limit is for Indiana, I am sure asking a lawyer or court in your area, would give that information, you can also get a free consultation, *in most cases* with a lawyer to answer if the father needs to help with future schooling.  With that Indiana child support orders can be modified at any time if there is certain changes.  Here is a list of a couple changes.

1. Child support can be modified if there has been a substantial change in circumstances, such as a big change in a parents income a child being several years older *which possibly could be the play on college* or a child being switched in custody.

2.  Child support orders that were issued 12 months previous to pay child support, but it differs by more then a 20 percent difference in amount.

I hope this helps....if you have any more questions with that, please feel free to ask, I will also continue looking into Indiana's child support information, to see if I can find an age limit for schooling.

Georgia Child Support Information

As a reminder to all my child support blogs, I always like to open with a reminder that child support is for the care of your child, if you were married or still with the other parent of your child you would be giving part of your income for food, clothing, and shelter for your child, which is child support, unless you are a dead beat parent, which those are out there.  Sometimes it gets me when parents think that its some kind of way for another parent to get money for themselves, which in some cases you see child support used like that, but good parents use child support for exactly that.  So on that being said I am going to give a little bit of information I have found on Georgia child support, first off we are going to discuss, how much of a percentage comes from your gross income, which is in most cases what child support is based on. Here is a list of how much of your income goes for child support in Georgia.

1.  If you have one child for child support the amount is 17-23% of your gross income.

2.  If you have two children for child support the amount is 23-28% of your gross income.

3.  If you have three children for child support the amount is 25-32% of your gross income.

4  If you have our children for child support the amount is 29-35% of your gross income.

5.  If you have five or more children for child support the amount is 31-37% of your gross income.

Now in some cases the child support amount can be adjusted up or down, but that is based on certain factors, so here is a list of factors on child support amounts, being adjusted up or down.

1.  The ages of the children can make child support go up or down.

2.  IF any of the child needs certain medical needs or health insurance can cause a rise in child support that is needed.

3.  Child support may have to pay for educational needs.

4.  Child support may have a lowering or a raise in certain custody arrangements on who has the children more,

5.  If a parent has other children he is paying child support for.

6.  If a parent has any other self employed jobs, can make child support change in amount.

7.  If a parent has any extraordinary needs, can make an increase or decrease in child support either way.

8.  Child support can help pay for travel expenses either way.

9.  Child support may also help pay for the cost of accident and sickness insurance for the children

This is just to name a few things that causes an increase or decrease in how the courts decide the child support amount.  I hope this helps people in looking for child support answers.

Arizona Child Support Information.

I always start most of the child support information blogs with a reminder, that child support is for the overall care, health, and happiness of your child.  It is for your child's well being.  You would be taking care of your child if as parents you were a couple, so it is important to remember that, and not forget that child support is NOT a punishment, it is for your children.  The child support courts always try to make child support fair, and they will not put a parents living conditions in jeopardy.  Arizona child support can have either parent to pay child support, it is not always awarded to just the mother, many factors are looked at, and child custody and child support are totally separate issues in Arizona.  Who pays child support in Arizona is not based on marital misconduct, but there are many factors to who, when, and how much child support will be.  So here is a list of factors child support is based on.

1.  Child support is for the overall care of your child, daily and basic needs, clothing, shelter.

2.  Will child support need to cover any financial resources of the child?

3.  What was the standard of living for the child during the marriage. 

4.  Will child support need to care for any physical and emotional needs of the child.

5.  What is each parent paying, what are their financial obligations?

6.  If there was any property held during the divorce for concealment or fraudulent purposes?  This affects child support and child custody. 

7.  All expenses for duration and traveling time expenses that child support will need to pay?

Child support is usually set up to be paid through the courts, unless the spouses can come to other agreement, but at anytime there is a problem, child support can be set up to be paid through the court system.  Child support can be modified at any time in Arizona if there is any substantial change.  It can be from parents income or a change in living arrangements.

Rhode Island Child Support Information.

In all knowledge, child support is the care for your child, I have said this many times, i think people forget about that in a battle of divorce, child visitation, and child support issues.  In most cases people that are ordered to pay child support think it is some kind of punishment, which drives me crazy.  They need to think, if the parents were together, they would be taking care of their children, unless we are talking about dead beat fathers or even mothers.  Child support is for the health, care and happiness of your child, try to always remember that, but it should be fair to your lifestyle.  On that note being said, I like to always remind parents reading child support information that.  So in Rhode Island both parents may be ordered to pay a child support, this factor was adopted by the family court, based upon the formula and guidelines for child support, so both parents may be ordered to provide a child support and put it in a separate account to be used just for the children.  So how do they choose how child support is paid?  Here is the list of some factors in determining, how much and who will pay child support.

1.  The financial needs of the children, what is the resources and needs for each child, this is a factor for child support.

2.  The financial needs of the custodial parent, what are their bills, needs, and what are they paying already for the children, this is a factor for how much and who pays child support.

3.  What was the standard of living for the children before a marriage had ended in divorce, this is a factor also for what parents will be paying in child support.

4. Emotional and physical health of the children, and what is their educational needs, this is also a factor for child support.

5.  What the non custodial parent will be paying financially in their cost of living, is also a factor for child support.

6.  Any thing that will fall into relevant factors for the amount and who pays child support.

In Rhode Island child support can be paid through a child's 19th birthday, if they are still attending high school, or at least 90 days after a child's graduation.  Child support can also continue to be paid until the child's 21st birthday if there is physical and mental impairments, but I feel most parents will keep helping even after child support is up.

Nevada Child Support Information.

The custodial parent in Nevada is referred to as the primary giver and primary custody. This is the parent that is awarded to be paid child support for their children.  Like most states Nevada's child support is based on the amount the non custodial and the custodial parents income, but is based primarily on the non custodial....but both incomes are based on determining child support in Nevada.  The income is usually taken by month to month and to also base it on what the parents make yearly.  In most cases it is $100 a month per child and can not go under that, and can not exceed $500 a month per child.  All aspects are looked into on income and what each parent has to pay.  There can be a deviation made for child support, especially if the custodial spouse needs help with certain child care needs and can be compensated, its can be added into the child support, or the non custodial can pay directly to the needs.  Here are a few things to look at to be compensated by the parents.

1.  Child care and day care cost for children.  This can be added to child support or compensated in a different way, such as a separate check or paid right to the child care.

2.  If there is medical care that comes into play and medical insurance, again this can be added directly onto the child support payment, or paid directly for the child.

3.  Visitation, wither it be on either parents side to travel, in this case the custodial parent may have to help pay visitation if they move out of state, or taken out of the child support for a certain month.

4.  Now also the courts do examine if the non custodial parent is also paying on other children, no children should have to suffer, so those cost for child support come into play for each family.

In Nevada child support orders can be changed and reviewed at any time, if needed.

Nevada Child Support.
Nevada does fall a little different in how it handles child support.  In Nevada the parent who usually pays child support has what is called a primary custody, this is what is usually referred to as non custodial and the parent that receives the child support for the child or children is referred to as the custodial parent.  In Nevada the parent that pays child support and in child support papers is referred to as primary custody.  For most the time, child support is based in the parents gross monthly income.  Both parents income will come into play on determining child support, if the parent that has the full time custody makes more then the primary, then the amount of child support will be lower, and vise versa.  Now in Nevada the minimum child support that can be paid is 100$ a month, that is for the most part, the lowest amount of child support that is to be paid, and the maximum amount of child support to be paid is 500$ a month, in most cases child support can not go under or above that amount.  Not only does the parent’s gross monthly income come into how much child support will be paid, so will the number of children.  Now in Nevada they will also make a primary parent besides a basic child support payment, they will most the time have to help with the following list.  Most parents can come to an agreement on sharing the cost of certain things, but if not they will be put in the child support papers. 
  1. Parents will share the day care cost, if both parents are working and child care is needed, it can be very expensive for one parent to do by themselves, so besides a basic child support payment, the parents will usually have to split the cost of day care.
  2. Medical insurance or medical needs for the child besides the basic child support payment will be split between parents.
  3. If the parents have to travel so that the child or children see both parents, then travel expenses will also be split.
 That is a basic list of what other cost come into play besides the basic child support payment in Nevada.  As most states the child support can be modified at anytime if there is a change in either parents or the children’s lives.  The changes can be from parents making more or less at a job….to also medical or schooling needs for the child or children. Remember again, child support is for the care of your children.  You are caring for your child’s basic needs, happiness, and comfort.

 

Illinois Child Support.
Illinois child support, it’s for the care and happiness of your child.  I you were married you would take care of your children, a percentage would come out of your income to feed, cloth, and care for the happiness of your child or children, many people forget that, and think it’s a play for mothers to get money.  It is for the care of your children, if you find that the custodial parent is not using the child support on the child or children and get proof, you can take a custodial back to court.  Illinois child support is based upon how much income the non custodial parent does make, and how many children they are responsible for, they also look if you are taking care of other children from other relationships.  Child support can be set up to be paid weekly, monthly or however parents see the need for it to be set up.  The courts can also set up that a certain percentage of child support be set aside.  The child support can be set aside in a trust or a fund; this will be use for children’s education or any other support later in life.  If parents have already thought about college and seem to be a bit more settled in not fighting about money, the courts will not always have child support set aside like that. If child support in Illinois is not paid after 30 days of each payment due for the child then a interest will be tacked onto the child support and can build up.  The interest on child support in Illinois is a nine percent per year to be tacked on to back child support.  Most parents can talk about child support and let each other know if a child support payment is going to be late.  This is mainly for dead beat fathers, which think they don’t have to pay child support for their children. Now child support can be modified at any time, if there is a change in any of the following.
  1. If either parent, yes if custodial does get a big pay raise, this can make the non custodial child support payment go down, and vise versa.  So if there is any change in a parent’s income up or down, this can make a lower or a raise in child support, depending on the condition, and also the agreement for some parents.
  2. If a child decides to spend more time with either parent, this can make for a change in child support.
  3. When the child is older and if they have any special needs and financial needs such as a medical or a schooling expense.
 I think whatever state you reside in, parents getting along for the children are so important.  That is not always the case, so a good lawyer is needed.  Life is easier if parents agree and are able to discuss things such as child support with each other. 

 

New York Child Support
New York Child support, is on a certain amount to be paid for how many children are being supported by the child support, here is the percentage for how much will be paid from child support, for how many children are involved.
  1. For one child being supported by child support it is 17% of the combined parental income.
  2. For two children being supported by child support it is 25% of the combined parental income.
  3. For three children being supported by child support it is 29% of the combined parental income
 Child support in New York is based on both parents income, how much they make together.  If there are more then 3 children OR the non custodial has other children from a different relationship the courts will have to look at all aspects and how much is being paid and possibly refigure all families.  The percentage of combined income from the parents is the biggest factor in how much child support is to be paid, if the non custodial makes less then the custodial, their percentage may be lower and vise versa.  No family should ever be put in a financial jeopardy.  The courts will sometimes if necessary, say the children do know they want to go to college, the courts will have the parents set aside a trust or fund for some of the child support to be placed in, and sometimes this is important to do anyhow. Child support in New York just like most states allow for a modification of the child support at any time, there are certain factors that can make a child support modification come about.  Here is a list of a few child support modifications.
  1. If either parent has an increase or decrease in their income, this can result in child support being modified to fit the parents and the children’s needs.
  2. If any of the children or child decides to spend more time with either parent, this can result in a child support modification.
  3. The child being several years older can result in child support being modified.
  4. If the child has in special financial needs, schooling or medical expenses this also can result in a child support modification.
 Every state is different on how it handles child support, but as I have said many times over, people need to remember that it is for the care of their children.

 

More Posts Next page »