If you are divorcing and have children under the age of 18, the children are entitled to child support. Child support is often money paid from one party to the other to financially support the children following the collapse of a marriage; but, in certain parenting arrangements, child support may be calculated using a set off system in which each parent pays the other. The courts have concluded that child support is a child’s right, and as such, it is extremely difficult to opt out of paying support. A child support lawyer can help you if you have a unique parenting arrangement or if you need help calculating and enforcing child support.
When should you find a child supporter lawyer?
When parents decide to separate or divorce, it can be a tough time for everyone concerned, especially the children. It is important to make sure that the child’s best interests are considered throughout the legal process, which is where a child support attorney can come in handy.
A child support lawyer is a legal professional that specializes in situations concerning child custody and child support. They can help parents in understanding the legal system and ensuring that the best interests of the kid are protected. These are some situations in which you should consider hiring a lawyer for your child support:
When going through a divorce or separation:
When you or your partner has decided to end your relationship, there are frequently disagreements about custody and child support. A child support lawyer will assist you in navigating the legal procedure and ensuring that your kid’s best interests are considered.
When requesting custody of your child:
Your lawyer will support you in presenting a solid case to the court if you are looking for custody of your child. They can assist you in gathering evidence, like as witness statements and documentation, to support your custody claim.
When claiming custody or child support:
A lawyer will help you present your case to the court if you are contesting custody or child support. They can assist you in properly presenting evidence and arguing your position.
When you need to change your custody or support arrangement:
If you currently have custody or support agreement but need to change it, a child support lawyer will help you understand the legal procedure. They will support you in preparing the relevant documentation and presenting your case in court.
When dealing with a tough ex-partner:
If your ex-partner is uncooperative or difficult to work with, a child support lawyer can act as a facilitator and assist you in reaching an agreement. If necessary, they will also assist you in filing a motion with the court.
5 Benefits of Hiring a Child Support Lawyer
Choosing the appropriate amount of child support can be difficult and emotional. A child support lawyer can assist you in this situation. Here are more benefits of hiring a child support attorney.
Child Custody vs. Parental Time: The Effects of Divorce
When it comes to child support, custody of the child, or parenting time, is vitally significant since child support is calculated based on the period of time the child is in each party’s care. For example, if mom has primary custody of the child and dad has weekend custody, he will pay child support to mom based on the Child Support Guidelines. Child support becomes variable if the parties have more equal custody (shared parenting). When there is shared parenting, the parties frequently settle using the set-off method to calculate the base amount payable. The set-off approach includes each parent paying the other the amount that would be payable if the child was in the primary care of the other and no shared parenting existed. The obvious result is that once the amounts are paid, the lower income earner keeps the difference between the two amounts.
Calculating Child Support Income
The amount of child support payable is decided by taking into account both parties’ income and parenting arrangements, formerly known as child custody. To determine an individual’s annual income, child custody lawyer typically depends on pay stubs or income tax returns. However, assessing income can be significantly more complicated if one person is self-employed or part of a corporation. This is why it is important to have legal representation to guarantee that the proper amount of child support is determined in order to satisfy the financial demands of the children.
A lawyer can ensure that your arrangements are legally binding.
If you and your ex are agreeable and able to establish an agreement on your own on child custody, decision-making responsibilities, child support, spousal support, and all other matters, you can put these arrangements into what is known as a Separation Agreement. Before executing a Separation Agreement, each party must obtain independent legal advice. As a result, before signing the Separation Agreement, it is a good idea to have a child support lawyer evaluates it to guarantee it is legally binding.
Child Support Enforcement If One Party Refuses to Pay
If one party refuses to pay child support, you have several alternatives for enforcing the payment. To begin, make sure your child support agreements are documented in a court order. A child support lawyer can help you prepare an Order and have it filed with the court. If the other party continues to avoid their child support duties after the Order is signed by a Justice and filed, they are regarded to be in violation of the court order.
Loco Parentis and Child Custody Lawyers
You may be legally ordered to pay child support if you are a stepparent or stand in the place of a parent for a child. To be in “loco parentis” is Latin meaning “in place of a parent,” and it is used by the courts to refer to stepparents or other relatives acting as guardians for children. We’ve already talked about how biological parents are obligated to pay child support. Stepparents, on the other hand, may be found to have the same obligation by the courts. A child custody lawyer will assist you if you are considering divorce and want to know if you are considered as loco parentis.