What is Child Support?

After going through a divorce or dealing with a separation, child support is the next step if you have a child or children with your partner. Child Support is the obligation paid to the custodial parent of child by the non-custodial parent for rearing the child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child. A Child Support order includes when and how much a parent has to pay for child support. A Child Support Order is generally part of a divorce decree or paternity judgment. Most states now follow a guideline or formula devised for estimating child support amount. This ensures uniformity in child support payment from court to court. If you do not have a child visitation or child custody order in place, and are paying high child support, obtaining such an order may lower the amount of child support you pay.

Often, many parents mistakenly make the assumption that child support is 100% tied to child custody or visitation. While this may be true in some cases, it may not be true to all.

Generally, there will not be a custody order without a support order and vice versa unless the parties previously agreed to visitation issues. Furthermore, generally, parents will agree to both. Problems typically arise later when one parent is being unfair, or if parents simply disagree over minor issues and a lawyer gets involved with the recognition that there are no orders in place, and encourages them to seek such orders to take the guess-work out. Most court orders outlining custody, visitation, and support often take the guesswork out of arrangements involving children of broken or separated families so that everyone understands what is expected of each parent. Such orders are generally subject to change if the parent’s circumstances change

In family court, having accurate and properly prepared court documents can greatly assist in a fast resolution to your situation. Most family court cases today involve mandatory mediation, which generally excludes the involvement of an attorney, and coordinates parents to talk through their issues together with a mediator or other court official. Dealing with the right attorney can make this process way more bearable.

Leave a Reply

Your email address will not be published. Required fields are marked *