Let’s discuss child support, why it is important, and who is best in this case. It is also called child maintenance. It is an ongoing, periodic payment. It is given by a parent for the financial benefit of a child (state or parent, caregiver, guardian). This thing happens when the end of a marriage or other similar relationship. The payment is given either directly or indirectly by an obligor to an obligee. It is given for the care and support of children. It is for those whose relationship has been terminated, or in some cases never existed. In some cases, the obligor is a non-custodial parent. The obligee is a custodial parent, a caregiver, or a guardian.
It depends on the jurisdiction. Custodial will pay child support to a non-custodial parent. It is the duty to pay child support irrespective of sex. You may see that a mother is needed to support a father, just as a father must pay a mother. There are some jurisdictions where you will see there is joint custody; the child is considered to have two custodial parents. If we talk about non-custodial parents and a custodial parent, you will see the higher income (obligor) may be required to pay the other custodial parent (obligee). You will find that in other jurisdictions, they legally shared residence. They did so until they could prove exactly equal contributions. One parent can deem the non-resident parent for child support, and they have to pay the other parent a proportion of their income.
This thing is often arranged as part of a divorce, marital separation, and annulment. It is also used for the determination of parentage or dissolution of a civil union. It can also supplement alimony (spousal support) arrangements.
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If we talk about the right to child support and the responsibilities of parents, it provides such support and it is internationally recognized. You can find that the 1992 United Nations Convention on the Rights of the Child is binding and it is signed by every member nation of the United Nations. It is ratified by all but the United States. It is simple to understand that children’s development is a common responsibility of both parents and a fundamental human right for children.
It is no doubt that the primary responsibility for the children rests with their parents. There are some Other United Nations documents and decisions related to child-support enforcement, including the 1956 New York Convention on the Recovery Abroad of Maintenance. This convention was created under the auspices of the United Nations and has been ratified by 64 of the UN member states.
The right to child support is also recognized by various other international entities including the Council of Europe, the European Union, and the Hague Conference. These countries are establishing guidelines for the implementation and collection of child maintenance, which included the 1975 Family Law Act (Australia), the Child Support Act (United Kingdom), and the Maintenance and Affiliation Act (Fiji). Child support in the United States, 45 C.F.R. 302.56 requires each state to establish. It publishes a guideline and is presumed correct (but rebuttable), and reviews the guideline every four years. Child support is also known and recognized in a vast majority of world nations including which included majority of countries in Europe, North America, and Australia, as well as many in Africa, Asia, and South America
Legal theory
If we talk about child support according to legal theory, it is based on policy. Parents are obliged to financially support their children. It happens when children are not living with both parents. There are many things such as financial support for children and other forms of support, which include emotional support, intellectual support, physical care, or spiritual support.
In some cases, children live with both parents. The court provides financial support for their children from their parents. If parents are separated, the court orders one parent to pay the other an amount as financial support for the child. In some cases, you may see one parent (the obligee) receive child support while another (the obligor) is ordered to pay child support. The amount depends on the case-by-case basis. It is also set by formula to estimate the amount through the parents.
If the obligor is paying child support to the obligee, it does not mean that the obligee is responsible for food, shelter, furniture, toiletries, clothes, toys, games, or any of the other child expenses.
Parents don’t need to be married and only paternity and/or maternity (filiation) need to demonstrate a child-support obligation. If we talk about child support, it can operate through the principle of estoppel.
Canadian courts are different in that. The Divorce Act is set out in detail. Many things are not mentioned in it, like the financial responsibilities of the “Non-Custodial” parent, while the “Custodial” parent’s responsibilities are. The courts have to limit themselves and divide the “Non-Custodial” parents’ income. They provide it to the “Custodial” parents.