Child support is the legal terminology that talks about the lifestyle of a child following the divorce of parents. After the divorce, the most important aspect of the law is the child’s well-being. Child support comprises the amount obliged by the court to fulfil the needs of children, such as health, education and maintenance. Despite being for the betterment of the child, this issue is the most problematic in family law. Child support law varies in every state of the USA, but they all act according to a similar framework.
Financial Responsibility for the Child
Both parents have the responsibility to support the child by financial means. While one parent is making the payments for child support, the other one provides his share for the child’s sake. Speculative guidelines are followed by the court while deciding the payments of child support. For a family that earns up to $3000, the court calculates child support on the basis of “income share,” which considers the gross income of the family. The final child support is decided considering the total income of the parents, nights spent at each parent’s house, medication, maintenance and schooling of the child. After the amount is decided, the supporting parent has to start paying the amount.
Modification In Child Support
Dynamic circumstances of the parents can be the reason behind the modification of child support with the guidance of a family law attorney. The modification in child support is followed by the change in income of the supporting parent, changes in the child’s needs or the change in the custodial requirements. To get any of these modifications a parent is required to present all the proofs in the court.
The US Framework for Child Support: Determination of Child Support
The obligations of child support in the USA are taken very seriously under federal, local and state law. The country ensures that the parents adhere to the basic framework in providing proper support to the child. These guidelines are passed at the federal level and are reviewed and amended after four years under the supervision of military and tribal entities. Child support is determined by numerous factors, such as where the child lives primarily, the visitation time of the child with the other parents and the income of both parents. Gender, race and sexual orientation of either parent create the discrimination in the payments of child support. Therefore, the court uses different mechanisms to calculate child support payments in the United States of America. But, the model mainly used in California is as follows:
Income shares model
Under this model, payments are calculated on the basis of the incomes of both the parents and the number of children dependent on child support. This model considers the gross income of both parents, including wages, bonuses, commissions and other streams of income and then determines the percentage of the combined income that each parent has to pay.
What Does Child Support Cover?
The child support process is designed to ensure the proper living of a child. All the payments are made for the benefit of the child, which includes the following:
- Food and Clothing: this area not only covers the weekly grocery but also stipulates eating out and desired shopping for the child in order to maintain a good living standard of a child.
- Medical Expenses: any sort of medical expense required for the betterment of a child’s health is paid by the supporting parent.
- Educational Cost: everything required for education (fees, books, bag, and uniforms) is covered under child support.
- Extra-Curricular Activities: surely, a child needs more than just basic necessities. So, the supporting parent is responsible for fulfilling the expense of entertainment and other fun activities for the child.
If a parent fails to support the child, the structure of law has various methods of enforcement, such as wage setoff, tax refund issues, suspended driver’s licence and imprisonment in a few cases.
To conclude, a family lawyer plays the role of resolving the conflicts, followed by the percentages of payments made by each parent. At Hartley Lamas Et Al, they understand your family problems and help you solve them under the fair decisions. Call them today to book an appointment with our knowledgeable lawyers and get your problems resolved.
