Obtaining Child Support

The majority of states have guidelines which establish the support needed to raise and care for children. The income of both parents is considered in determining the percentage which each should contribute. Factors such as which parent has the best medical insurance and who should be permitted to claim the children as dependants on income taxes will be debated. In general, the non custodial parent makes the child support payments. However, this is not true in all circumstances.

Legal custody of a minor child gives a parent the responsibility and right to make decisions regarding education, health, and welfare affecting the child. On the other hand, physical custody entails the right to make minor decisions during day to day life with the child. A parent who is a granted one kind of custody might not be granted the other. If the parents have joint custody, they must work together to make decisions.

According to many state laws, joint custody is in the best interest of a minor child. This would require the child to split their time between the two households. However, because this can be difficult, the child might have a primary home, but spend lots of time at the other as well.

If a court order is issued for payment of child support, this does not ensure it will actually happen. However, there are several ways in which the order can be enforced. The court will have a hearing to find why the party has failed to comply. The defendant is to explain the causes. At the end of this hearing, the party at fault is generally issued another order for the payment and is held responsible for court expenses which were incurred by their delinquency.

If child support is still not received after the second court order, wages can be withheld from the payor’s paycheck. State laws vary, but most have specific procedures to obtain funds from paychecks. However, there is a limitation on the percentage of a person’s wages which can be suspended.

By law, if child support payments are behind by 1,000 dollars or more, child support enforcement agencies must report the information to credit bureaus.

Your child’s life should not have to suffer due a divorce. If you are having trouble obtaining child support or have a concern regarding your child support payments, contact the experienced Boca Raton divorce lawyers at http://www.kleinattorneys.com.