Do you need help with a child support issue? Call the lawyers at 1-800-ATTORNEY for expert legal assistance!
Divorce can be a very difficult matter for all parties involved, however, it’s especially hard for children who are born into a marriage that is about to dissolve. These children are faced with an uncertain future and a lifetime of changes. Child support exists to help maintain a child’s standard of living.
Custody & Child Support After a Divorce
In 1988, the Federal government passed into law an act that would change the way child support is seen as well as the variables around it. The Family Support Act of 1988 seeks to establish guidelines as well as requirements of child support payments. It also went as far as to help courts determine the amount of money that is expected to be paid by a non-custodial parent or both parents in the event of a divorce or separation.
Different states have different rules; however, there are three universal models followed when determining expected child support:
- The Income Shares Model – This combines the income of both parents and then comes up with a percentage that is equally divided between the two, ensuring adequate financial support for the couple’s children.
- The Percentage of Income Model – This only takes the income of the non-custodial parent and allots a certain percentage of it to take care of the individual child’s needs.
- The Melson Formula Model – This is a more complex model which makes child support calculations by taking into the account the rising standards of living experienced by each parent on both ends of the spectrum.
When determining child support payments, there are various things that come into play:
- The total income of each parent.
- The financial needs of the child (education, health insurance, day care, entertainment etc).
- Each parent’s tax filing status.
- Health insurance expenses.
- Union dues.
- The amount of time each parent spends with the child or children.
- The number of children belonging to the couple pre-separation or divorce.
- Whether or not the parent is taking care of children from another relationship.
Given the sensitive nature of such cases, you need an attorney who can handle the whole procedure with the attention that it deserves. Child support payments can be modified in special circumstances; that being said, it’s important to note that this can be a very difficult task to accomplish after an agreement has already been made. Your attorney will explain your options and determine the best course of action.
Collecting Unpaid Child Support
If you are having trouble collecting child support, you need an attorney who is able to help with child support enforcement. Late or past-due child support payments fall in this category, and the last thing you want to have to do is jeopardize your child’s wellbeing by battling with your ex husband or ex-wife over non-payment of child support. A lawyer may be able to help seek owed child support by working closely with the federal and state government if necessary. Your attorney may also file a motion for contempt with the court to determine the arrears that need to be paid out and also asking the judge to have the individual absconding his or her duties to spend some time in jail as punishment. In addition, a lawyer may help in having the perpetrator’s license suspended until a time when he or she pays this amount, or even have the court garnish the individual’s bank account until the child support arrears are paid in full.
Child Support Modification
A child support lawyer can also be useful when it comes to child support modification. This may be done in extraneous or special circumstances such as when the child falls sick and requires emergency treatment, temporary financial hardship on the part of the recipient parent, a rise in the cost of living, remarriage of a parent or a disability.
Get Legal Help Today!
There are so many issues involved in child support that it’s virtually impossible to go it alone. When it comes to your children, you need to make sure that you have the best representation possible. For expert assistance, please get in touch with our attorneys by calling 1-800-ATTORNEY today to discuss the facts of your case with an experienced family law attorney in your area.
