Child support is considered a basic right for children around the world and is payable by either one or both parents depending on the circumstance. This statement has been recognized with the drafting of the United Nations Convention on the Rights of the Child in 1992. Most often child support is negotiated during a divorce and can be either court-ordered or willingly paid through an agreement made by both parents that is handled entirely outside of court.
Child Support Payments
Figuring out the exact child support payments can be tricky because different states may use different calculations. The factors that are considered include the number and ages of the children along with the annual child care expenses of the custodial parent. These are weighed against the income of both the custodial and non-custodial parent in order to determine how much should be paid each month.
While it’s possible to find a child support calculator online that provides estimates based on your actual state, it’s best to consult with a child support lawyer before you make any formal payment agreements.
Each child support case is different and there are many other factors to consider including whether one or both parents should have custody, whether there is a history of abusive relationships within the family and whether the parents are currently employed or not. If one parent has taken a significant amount of time away from work to raise the children, there’s also the possibility that alimony or spousal support will be necessary until this parent is capable of re-entering the workforce and earning money their own income.
Child Support Advice
While divorce is not something that anyone looks forward to, it is a fact of life that many marriages will end in this way. Just because a divorce is pending doesn’t mean that you have to become bitter enemies with your ex and fight over any minor detail at every opportunity. It’s possible to have an amicable divorce and work out the arrangements without setting foot in a court of law if both parents are upfront and honest with each other from the onset. However, even if the arrangements are mutual, it can be important to have a third party mediate the proceedings and serve as a witness to any legal documents that are drawn up.
Rather than seek the sources of a divorce lawyer who will be biased towards having a traditional, ugly and costly divorce proceeding in a court of law, you can choose to find other legal counsel who are paid to resolve the issue rather than drag out the process in the courts.
Despite the best of intentions, there are times when emotions get in the way of working out the details. Even mutual agreements need to be spelled out so that there isn’t any ambiguity that could cause confusion or anger down the road. While you want to ensure that your children get everything that they deserve, you also have to protect yourself at the same time. Always seek legal representation in order to officially conclude any legal proceedings.
