This article assumes that the mother is seeking child support from the father of the child or children. It does not assume that this is always the scenario but it is overwhelmingly the case.
Divorce is an issue for each state and child support is a common factor in many divorces. So the issue will be determined by the court. Each state will have its guidelines regarding the amount of money to be awarded as child support and each judge will have some leeway in making the final decision. The income of each partner will always be a consideration in determining the amount to be paid.
Child support is, in many cases, a constant reminder of a failed marriage.
Child support is money paid by a non-custodial parent (usually but not always the father) to the custodial parent (usually but not always the mother). Whether or not it is paid and in what amount is up to the court.
Your divorce will be less traumatic if you can sort out any arrangements re custody and child support between yourselves with or without a mediator and/or lawyers. A judge will look kindly on any signed agreement drawn up by both partners.
But if one partner wishes to contest the divorce and specifically the issue of
child support, then both partners will need all the relevant information.
One mistake which can sometimes be made regarding child support is that of paternity. If the father is not sure he is the biological parent of the child or children, that question should be cleared up once and for all. It has happened that a partner has had a DNA test taken and discovered that he is not the biological father of the child even though he is the husband. This can cause complications in any judgment about child support.
There are a number of legal points you should know about child support payments.
- The money has no tax advantage. The giver can't claim it as an expense.
- If someone is declared bankrupt, that does not remove any legal order made against them to pay child support.
- The amount of money paid may vary from time to time but only after a judge has so ruled.
- Child support usually continues until the child reaches 16 or joins the armed forces or becomes self-supporting.
Failure to make child support payments has serious consequences. The courts take a dim view and the penalties can be harsh. Public opinion usually turns against those who fail to make child support payments.
If your divorce is to be contested, make sure you have full accounts of all your financial affairs - your income, expenditure and the receipts and pay slips etc to back up your claim.
Here are additional resources you might be interested in: Divorce and Child Support What are my financial benefits besides getting the child support? More information on Children and Divorce
click here.
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