Child support if often a difficult topic for parents in the situation. There are generally two situations in which the need for legal assistance might arise for child support:
- The parents are separated and needing money for support of their child
- Or you are trying to enforce an order against a parent who won’t pay
If you are the person paying, sometimes you may question or even disagree with how the other parent is spending the money. You may even question whether it is legal. In this case, it makes sense to consult with a family law attorney who can help provide legal advice in your situation.
What is Child Support?
Child support is when non-custodial parents pay a monthly allowance by order of the court. This helps the custodial parent cover their child’s expenses. The non-custodial parent is who the child does not live with. Whereas the custodial parent is who the child actually resides with.
The amount that the non-custodial parent must pay is usually a portion of their income per month. In the event that neither parent has custody of the child, the court may order payment to a third party person who actually cares for the child.
How Child Support Orders are Determined?
Child support orders issued in family court follow general guidelines. Some of the main factors include the income of parent as well as the number of children involved.
Moreover, the needs of the children are taken into consideration when determining the amount of support granted.
Additionally, the court will also consider the income of the custodial parent. While these are general guidelines, there are a number of other factors that can determine the final amount of child support ordered.>
What if the Parents are not Married?
If unmarried, start by determining the father’s “paternity” of the child. That is to say, determine who is the child’s biological father.
While the father can voluntarily proclaim paternity, in some cases a lawsuit establishes paternity though a DNA test. The alleged father will then submit a test if not done so voluntarily, by court order.
Paternity is first determined, then the court can issue a support order.
Get Help with Your Case
If involved in a similar situation, we can help. We represent parents who are trying to obtain child support. We gladly work with parents who pay child support as well. Contact us today for a free consultation.
In times like these, it’s best to seek the guidance of a legal professional you can trust and depend on. Doing so may save you time and money in the long run.