Child support is an issue that is going to come up during a divorce where children and custody issues are involved. Every one of these situations tends to be very unique, even if you are looking at trends. The man might need to pay the woman, or the opposite can be true. There are so many factors that go into child support and who needs to pay who what - and even the state that the divorced couple lives in can also play a major role in how these cases pull out.
What Are Major Factors? The first factor that determines child support cases is who has custody. This is a major issue. Generally speaking if one parent has full custody and the other just visitation rights, then the parent who loses custody will be forced to pay child support. If there is shared custody, child support might still need to be paid by the parent making the higher income (although usually at a lower rate).
There are specific exceptions to these general rules of thumb, as stated before this often must be determined on a case by case basis.
The next major thing to look at is income. If there is a massive difference in income levels then that can affect the overall child support picture in a variety of ways depending on who makes more versus who makes less in that relationship. If the person with full custody makes more money, especially if they make much more, the other parent might be required to pay very little in child support or even none at all in some circumstances.
What If There's A Major Income Shift? If there is a major income shift between the two parents after the divorce, or if the custody changes from one parent to another, then the terms will most likely change when it comes to child support. However, that's not going to happen automatically.
In order to challenge the current terms of child support or to get them changed, another case has to be made in court. These changes don't happen automatically and one side needs to sue in child court to have the terms revisited.
Child Support Generally there are three standings for those individuals who owe child support of some kind: - In good standing - Negligent (dead beat) - Criminally negligent
Enforcement can be extremely difficult, especially across state lines, but it is extremely important for individuals who are required to give child support to make sure that they fulfill those obligations to avoid penalties that can include garnishment of wages, seizing of tax returns, or even jail time in some circumstances.
In Conclusion There are many different issues that come up in family court during a divorce proceeding, and the legal issue of child support can become very thorny very quickly. This is one of those situations where general rules of thumb can quickly go out a window on a case by case basis depending on the details of each specific circumstance.
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