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Child Support

Posted by on in Child Support

b2ap3_thumbnail_download-1.jpg Every state recognizes that each parent is responsible for providing support for their children, whether the child lives with each parent or not. However, there are many circumstances when the family court should no longer have jurisdiction of the case or when child support should otherwise end.

By Court Order

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b2ap3_thumbnail_child-support-13.jpg State laws determine how and when a person can be ordered to pay child support. Additionally, these laws dictate the window in which a person can collect arrearages.

Legal Duties

Every state denotes that both parents are responsible for supporting their children until the child reaches the age of majority. This often means that child support remains due until the child turns 18. However, many states permit child support orders to last longer than the child’s 18th birthday.

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b2ap3_thumbnail_child-support-23.jpgThe Federal Child Support Enforcement Act has developed guidelines covering a state child support formula that varies in each state. This means that child support ordered in one state may be much more or less than that ordered in another state.  The status of parental custody is taken into account by each family court judge when determining the amount to be paid.  Additional factors include:

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Posted by on in Child Support

b2ap3_thumbnail_ChildSupport-iStock_000017765447Small.jpgMost people believe that when a child turns 18, they can stop paying child support.  The laws regarding child support vary in each state.  Graduation and ending child support may not go hand in hand.  Some states provide that in divorce actions, the courts may order the paying parent to continue child support until the age of 21.  Most require support payments to continue until the child has graduated from high school and in some cases, the child may be over the age of 18.

Lump Sum Child Support

Child support differs from spousal support.  In many states, a waiver of the right to seek a modification of alimony is legally enforceable.  On the other hand, a waiver of the right to seek a modification of child support is not, even if the waiver was given in exchange for a lump sum child support payment amount.  Even if the parents enter into a binding contract regarding a lump sum child support payment, a judge can choose to enforce or not to enforce a child support agreement.

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b2ap3_thumbnail_child_support_title.jpgWhen individuals think about child support, they usually think about fathers supporting their children while the mother maintains primary custody. However, there are instances when fathers are entitled to child support.

 

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Posted by on in Child Support

child-support-end-high-school

Most people believe that when a child turns 18, they can stop paying child support. The laws regarding child support vary in each state. Graduation and ending child support may not go hand in hand. Some states provide that in divorce actions, the courts may order the paying parent to continue child support until the age of 21. Most require support payments to continue until the child has graduated from high school and in some cases, the child may be over the age of 18.

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Posted by on in Child Support

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 Federal law requires all child support payments be made by wage assignment and health insurance by Health Insurance Orders. Child support collection statistics reflect that only 20% of noncustodial parents pay their court ordered child support monthly, As a result, numerous additional enforcement laws have been implemented in order to force compliance.

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Posted by on in Child Support

Collecting unpaid child support is an on-going problem for many custodial parents. High unemployment and the national economic situation leads to more people than ever unable to meet their financial obligations including child support payments.

There are a growing number of individuals who have exhausted their unemployment benefits and cannot find work. Bankruptcy, while offering relief from a variety of consumer and medical debts, does not offer relief for a former spouse who is behind in support payments.

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Posted by on in Child Support

Establishing paternity, or determining a parent child relationship, is legally necessary in order to collect child support. If a child’s parents were not married to each other when the child was born, the law does not recognize the father unless paternity is legally established by a court order. Establishing paternity will give your child the same rights and benefits as children born to married parents. Unmarried parents can establish paternity by signing the voluntary Declaration of Paternity. This can be done in the hospital after the child is born. A Declaration of Paternity may also be signed by parents either before or after they leave the hospital (Wikipedia). The federal government provides a payment to the hospital for each Declaration of Paternity signed. The signed Declaration of Paternity has the effect of a legally binding Judgment of Paternity.

An acknowledged father is a biological father of a child born to unmarried parents, for whom paternity has been established by either the admission of the father or the agreement of the parents. An acknowledged father must pay child support. An unmarried man who impregnates a woman is often referred to as an alleged father until there has been a finding of paternity. An alleged or unwed father will be required to pay child support if a court determines or he acknowledges that he is the father; in addition, an alleged or unwed father has the right to visitation with his child and may seek custody (Babycenter.com).

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Posted by on in Child Support

Child Support Guidelines

In any family law case involving minor children, the issue of child support is likely to be the subject of significant focus. Child support is based on the policy that both parents have an obligation, both legal and moral, to financially support their children regardless of the parents custodial rights. As a legal matter child support includes the financial support of children and not other forms of support, such as emotional support, physical care, or spiritual support.

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Messiest Celebrity Child Custody Battles

One of the most overlooked aspects of divorce is child custody issues. People going through divorce can become focused on their own issues, emotions and problems and lose sight of the child or children affected by the divorce. The news tends to focus on sensational custody battle. The seven celebrity custody battles discussed in this blog certainly qualify as sensational.

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