Articles Tagged with child support

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child supportChild support. Raising children is expensive. When a couple chooses not to raise their child together, it does not absolve either parent of the financial responsibilities associated with raising that child. From a legal standpoint, some amount of child support is mandatory from both parents, and failing to provide that support could result in civil and/or criminal consequences. If you are concerned about child-support calculations, a good family law attorney may be helpful.

Obtaining Child Support

There are several circumstances wherein a court may order child support. They include:

  • Divorce;
  • Legal separation;
  • Paternity cases.

Income Considered in Child Support Determinations

Net disposable incomes of both parents are examined when making child support determinations.  The mathematical calculation used to determine the amount of support ordered by the court considers any and all income, including:

  • Salary, wages or earnings from self-employment;
  • Commission;
  • Tips;
  • Benefits from unemployment;
  • Workers’ compensation benefits;
  • Disability benefits;
  • Social security benefits;
  • Pension payouts;
  • Interest or dividend payments;
  • Lottery or other winnings.

Once the gross income is determined for each parent, the net disposable income is calculated by subtracting costs such as:

  • Taxes;
  • Mandatory union dues;
  • Health care premiums;
  • Required contributions to retirement accounts;
  • Costs associated with raising children from other relationships.

Other Considerations

The court will consider other factors, including childcare costs, school expenses, health care costs, and costs associated with visitation when parents live far apart. Some of these expenses are considered add-ons and may be divided equally between parents, or contributions may be based on each person’s disposable income. Additionally, children with special needs may incur further expenses to be considered by the court.

Once the final income calculations have been made, a child support payment is calculated based on the percentage of time the child spends with each parent.

Documentation Needed for Child Support

In order to make the most accurate calculations, parents will be asked to provide a number of documents, including:

  • Tax returns for the past year or two;
  • Paystubs from the past few months;
  • Insurance premium documentation;
  • Certification of mandatory retirement contributions;
  • Child support and spousal support information for other relationships;
  • Receipts for child care costs;
  • Other costs related to extraordinary circumstances.
What Happens to Parents Who do Not Pay Child Support?

Payment of child support is a serious business. When child support payments are not made, the consequences can be embarrassing and troublesome. Wages may be garnished, credit ratings may be impacted, and liens may be placed on property. There are additional consequences that many people do not know about: Passports may not be issued or renewed, and driver’s licenses could be revoked or suspended. The IRS could capture past due funds from tax refunds, and other government funds such as unemployment or workers’ compensation may be taken. Ultimately, criminal charges may be filed with associated fines and jail time. Continue reading →

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Child Support EnforcementChild Support Enforcement in California. When a judge officially finalizes your divorce—approving any settlement agreements, issuing orders for child support or spousal support, and legally dissolving your marriage—you may feel a sense of relief that your legal battles are over. Unfortunately, too many parents will find themselves back in court to address issues that arise regarding their agreements. One issue in particular that leads people back into the courtroom is child support enforcement.

Child support orders are based on specific formulas that take into consideration the respective incomes and expenses of both parents, as well as the basic needs of any children in question. For this reason, the majority of child support determinations in California are considered to be fair and to reflect the responsibilities of both parents to financially support their children. However, simply because a court issues an order—and even if that order is fair—does not mean that the parent ordered to pay child support is going to comply with the court order.

Because most parents rely on child support payments to cover the major expenses of raising one or more children, it can have a serious effect on your living standards if the other parent falls behind on payments. For this reason, many parents seek to legally enforce child support orders.

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