Not every home is a happy home, some are broken and some are disturbed. The disheartening part about such stories are the children who had to pay their whole childhood in cost for such damages. Whether it was a break up of a marriage or the parents had never been married at all, why should a child’s childhood get spoilt by their elder’s mistakes, as if emotional disturbance was not enough for them. That is why we have a Child Support Law. Child Support Law enforces a legal obligation of a non-custodial parent to financially support for the rearing of their biological children. Such obligation remains effective until the child attains majority or longer in some special cases.
Requesting a court for the child support decree is a straightforward process. Any person can file a fresh law-suit and if a family law case has already been opened, a simple petition for the child support would do. But, if you want the right amount of child support, you should consult a child support expert lawyer to represent your claim.
How Is the Right Amount Of Child Support Calculated?
It is a financial duty that must be shared by both parents. However, child support does not mean “equal duties” for both parents. Instead, the court sets the consideration amount after measuring the reasonable needs of the child and the abilities of the parents to pay for support. The appropriate child support amount will be calculated by a formula that depends on certain factors.
Some factors the court will take into consideration are:
- Present and potential incomes of both parents, including pension, 401(k) and stock option.
- The past, present, and future expenses of the child, including daycare, medical, insurance, education, food, clothes, and shelter.
- Extraordinary expenses, such as if the child is disabled.
- Standard of living of both parents and the child.
Benefits of Hiring a Child Support Lawyer
A child support lawyer specializes in child support enforcement laws. If you believe you have a legal right to collect the child support amount on behalf of your child, then you should hire a child support attorney to ensure that your child gets what they deserve without any delay.
Can You Modify Child Support Decrees?
It is very common for such decrees to be modified overtime. As the child grows, their expenses may also grow, as will the parent’s income which might increase or decrease. The child may require special expenses if he develops some special interests and even that does not happen, school and college fee will surely amend the support cost. These and other factors may require modification of the support order.
Should A Father Pay the Child Support?
It is a misconception that men have to carry the expenses of child support. Not every family is same, and men are not always asked to pay for the child support. It is a fact, according to a survey from the American Academy of Matrimonial Lawyer that more women are paying to their ex-partners for child support. Maintenance Law statistics in the United States show that the higher earning spouse should bear the support cost. So, if the mother is earning higher and the father custodial parent, the father will receive child support.