Child support rights are a serious cause of concern for parents caught up in child custody battles on the breakdown of a relationship. It is vital to understand your child support rights and obligations. .
The Validation for Child Support
When one parent is granted the custody of the child, this is referred to as sole custody.
The custodial parent keeps the child, which is considered as his or her input to the upbringing of the child. The non-custodial parent, who is generally given visiting rights, meets his or her responsibility by contributing to the financial cost of sustaining the child.
In the Case of Joint Custody
Usually, with joint custody the child support is divided between both parents, based on how their income measures against the sum of their joint earnings, and also on the amount of time the child stays with each parent.
Deciding the Amount of Child Support
Child support is usually planned by considering the needs and requirements of the child. The following factors are generally considered when calculating financial support:
- The child's needs
- The parent's ability to pay
- The standard of living of the child before the divorce
- The needs of the custodial parent
If a Parent Cannot Pay Child Support
A parent is often expected to pay the sum due in keeping with the dates decided on by the court.
If a parent has a legitimate reason, such as changed financial conditions, they may approach the court with a request to alter the amount of support.
If allowed, this will only be applicable to future payments. In this case, the judge will order the parent to pay in full any overdue payments immediately.
It is strongly advised for any parent in this type of situation to do a little research first to understand how the system works and then to engage appropriate legal advice.
If this is beyond the means of the parent there are good sources of such information on the internet written by child psychologists with considerable experience in this area. It is important to recognize also that the custody and child support laws will vary somewhat from jurisdiction to jurisdiction and it is important to ensure that your attorney is familiar with the laws of the state where your child custody case will be decided.
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