Divorce is complicated at the best of times, but when children are involved, the complexities inherent in the divorce process multiply exponentially. One of the most contentious and poorly-understood areas of divorce law is child support.What Is Child Support?
In brief, when parents decide to get a divorce and live separately (with just one of the parents having custody of the children), the non-custodial parent is obligated to pay child support in order to contribute to the many costs associated with child-rearing. Likewise, in those rare situations where neither parent has custody, the court may order both parents to pay child support to whichever guardian is taking over caring for their child.
Child support orders are issued by an institution known as a “family court” and the amount the non-custodial parent is expected to pay will vary based on state guidelines, the income of both parents, and the number of children involved. Additional factors, such as any special needs the child or children have, will likely also be taken into consideration.
Do I Have To Pay Child Support?
If you are the non-custodial divorced parent of children, you are legally obligated to pay child support. Though child support payments were once relatively unenforced, today state child support enforcement agencies aggressively seek payments from non-custodial parents who neglect their duty. As such, it's extremely important to work with an experienced family attorney if you are going through a divorce and plan to become the non-custodial parent; working with the right lawyer will ensure that you are not obligated to pay more for child support than your income allows. Your lawyer will also make your rights and obligations clear to you so that your ex spouse cannot make you believe you owe more in child support than you actually do.
If you fail to pay child support payments, the child support agency handling your case may implement alternative methods of collection, such as removing what is owing from your tax refund or seizing real estate or personal property from you. Knowing your legal rights is integral to avoiding these stressful scenarios.
(Note that if you are the custodial parent, having excellent legal aid is just as essential: A skilled family lawyer will make sure that your children are fully and properly supported and give you tips on how to enforce your rights. This will enable you to secure timely child support payments.)
Maintaining The Right Attitude Toward
Child Support Payments
Many non-custodial parents struggle with the idea of paying child support not because they do not wish to provide for their children, but because they feel as though they are handing money over to their ex. As many divorces are painful in nature, this is seldom a positive feeling. Likewise, many non-custodial parents worry that the money they send will not be spent properly and that their children may still go without essential goods and services.
If you have any such concerns, find a child support lawyer or divorce lawyer in your area; the state is just as interested in seeing your children provided for as you are. If for any reason you believe your spouse is not honoring his or her commitments to your children, legal recourse is available.