A lot of people are confused about child support law in America. Child support is required by law to help pay for the financial needs of a child or children. Without child support, a family’s resources are drained, and there is less money to buy things for the family. Unfortunately, child support laws are pretty vague on how much support is meant to be paid. To determine an amount of child support, courts often look at factors like the income of the custodial parent, the child’s age at the time of the divorce, the income of both parents, and the child’s needs. Unfortunately, the child support laws & regulations are pretty fuzzy when it comes to determining child support’s taxable income.
- Child Support Law & Legal Define. Child support is a legal responsibility of parents to give financially to their child (Ren), regardless of the amount of money they have or do not have. The law recognizes six different classifications of child support: paid/withheld; indexed wage earners; supplemental child support; and alimony. States also have the option of setting up a system of extended unemployment benefits as an alternative to paying child support payments.
- Who is Entitled to receive Child Support? States establish who is eligible to receive child support payments either by establishing a “presumption of paternity” (or parenthood) or by tying it to the receipt of some form of the monetary award, such as tax credits, job payments, etc. Once a child support order has been established, a parent may not be ordered to pay child support unless the court decides that the other parent should be financially liable for the child’s living expenses. A judge can order child support payments, even if the parents are not married or are not having a sexual relationship with each other, or even if the custodial parent is the noncustodial parent. However, children are more likely to receive support if their parents are married or living together.
- Who is Eligible For Child Support? Both parents are usually required to participate in a child support agreement involving the amounts of child support and other relevant information. Payments are determined by a child support evaluation where the state or federal government takes into consideration a child’s current living situation, the income potential of both parents, the needs of the child including medical care and shelter, the ability of each parent to make child support payments, the parenting plans or arrangements, the contributions of each parent to the child’s education, the emotional ties the child has established with each parent, the ability of each parent to provide necessary medical care, and the permanence of the marriage or cohabitation.
- How do I Apply for Child Support? Each state has a child support services department that helps people apply for child support, as well as the application process. A non-custodial parent may also need to file for child support services, which can be done at the local courthouse.
- What Are the Benefits of Applying for Child Support? There are many benefits to applying for child support services. The most obvious one is to receive assistance in making payments. Many non-custodial parents may find it difficult to make payments on their own and a court order is a help.
- Can I Get Child Support for More Than One Child? Yes, you can get child support for more than one child. Child support laws now allow for dual custody (where two or more children are being cared for by the same parent), and there are also some cases where child support payments are made to both parents.
- How do I Apply for a Paternity Direct Order? To apply for a paternity direct order, you will need to visit your local child support office. You can either fill out an online form or go in person to fill out the forms. In either case, you will need to provide information about your child, your current and future financial needs, and other information that the court needs to make a decision. When you visit the child support office, you will likely be required to sign an agreement granting full paternity of your child.