If you are ending a marriage and there is a child involved, you may need to pay child support. This is the amount that is set by the court and can't be changed without the consent of the judge. This is to make certain the child is well provided for, despite the fact that the parents are getting divorced. Knowing certain facts about paying child support and how the amount is calculated may prepare you, if you are in this situation.
Determining Child Support
The judge is responsible for setting the amount of child support that must be paid, and the parent that must make the payments.
Listed below are things that will be considered:
1. The amount of income that each of the parents makes.
2. Which parent the child will live with full-time.
3. If there is more than one child involved.
4. If a child has a special need or a handicap that must be addressed.
Paying Child Support
There are a number of ways child support can be voluntarily and involuntarily paid and these are listed below:
1. Wage deduction – The parent who is receiving the payment may ask the court to take the money out of the payees' wages. This requires a special form to be filled and approved by the courts.
2. Intercepting income tax refunds – In some cases, the parent who is owed the child support can request to receive it and any back payments from the payee's federal income tax refund. This amount may be large and could cover a number of child support payments
3. Contempt of court – If the parent who is supposed to pay child support refuses to do so continually, a contempt of a court order can be filed against this person. This is an attempt for the other parent to collect back payments.
Suspensions and Restriction
When a set amount of child support has been determined by the court, it must be paid, or there will be consequences involved.
Listed below are two ways the irresponsible party will be punished for non-payment:
1. Suspension of license – The person who refuses to pay child support could lose a professional license or drivers' license because of not paying.
2. Passport restrictions – Failure to pay child support can lead to this person being unable to renew or apply for a passport. This individual will be unable to leave the country if child support isn't paid.
Finally, paying child support should be taken seriously because it will affect the welfare of the child that is involved. Be sure to retain the services of a family law attorney, such as Reagan, Melton, & Delaney LLP, to help you with the legal details of child support.
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