Child Support
Published: 11/05/2009 by MO
Child Support
When a couple has a child together, it is expected that they will remain a team - either in a marriage or some other agreed upon form of commitment - and that they will equally shoulder the financial and logistical burdens of raising the child. Unfortunately, things don't always work out and the parents split up. In some cases, the parents were never in a committed relationship or marriage in the first place. Either way, the law definitely has an interest in how the child will be supported following the break up of the parents' relationship. One of the biggest ways the law enforces the financial obligation of rearing a child is child support.
The Basics Of Child Support
The simplest way to explain child support is to say that one parent - usually the noncustodial parent, or the one the child doesn't usually live with - makes regularly scheduled payments to the custodial parent under a legal agreement. This legal agreement is traditionally included in the divorce judgment. However, if a divorce was unnecessary - i.e., if the parents were never married in the first place - then the custodial parent has to approach their local court system about setting up child support arrangements.
Child Support Outside The Law
In cases when an amicable split has occurred and the parents agree upon a fair monthly amount for child support, the court system may not have to get involved at all. It's important to note, though, that should something occur - for instance, should the person responsible for paying child support abruptly quit sending it - there would be little legal recourse for the custodial parent. Therefore, most couple do end up involving the courts at some point during the child support arrangement.
Filing A Motion For Court Ordered Child Support
Whether your original child support agreement is no longer reasonable, you were never married in the first place or your private arrangement has fallen through, you usually need to file a motion for court ordered child support in order to get the ball rolling. Like so many other things, this means having to hire an attorney for assistance. If you need to set up a court ordered child support arrangement, it is in your best interests to contact a lawyer who specializes in child support law. It will be up to the other parent to decide whether he or she will hire their own legal representative.
Consequences For Nonpayment Of Child Support
The consequences associated with not paying child support vary from state to state. However, on the low end they can result in garnishment of wages or income tax refunds; on the more severe end of the scale, they can result in the delinquent party going to jail. The courts do not look kindly upon "deadbeat" parents, and it is in the best interests of the person who has been ordered to pay child support to keep up on their payments. If the judgment is unreasonable, of course, parents may request a review in court.
