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Few legal proceedings can be as painful and difficult as a child support action. In child support actions, not only are the parties dealing with the fallout of a failed relationship, they’re also dealing with the long-term ramifications of that split on their financial well-being and the future of their children.
In family law and relevant public policy, child support is the ongoing financial obligation for a periodic payment by a non custodial parent to a custodial parent, caregiver or guardian to care for the children of a relationship or marriage that has ended. Child support arrangements are usually set by family law courts as part of a divorce, marital separation, paternity claim or dissolution of another form of relationship.
Each state has its own child support guidelines which it uses to determine the amount of money the non-custodial parent must pay the custodial parent. In general, most states use a child support formula that takes into account the respective incomes of the two parents and the average cost of raising a child, which includes daycare and health insurance. Other factors, such as additional children from a previous relationship or the custody status of the child in question may also impact child support amounts.
Once a child support order is entered, the non-custodial parent must pay that amount or face stiff civil and legal penalties. Also, a heavy stigma of public disapproval is borne by parents who don’t pay or fall behind on child support payments.
A few key points to remember about child support:
– Bankruptcy has no impact on child support awards.
– Child support does not decrease during the summer months, holidays or other times a child may spend with a non-custodial parent, unless a court order says so.
– Child support payments are not subject to federal income taxes. Custodial parents get the money tax-free, non-custodial parents don’t get to write it off on their taxes.
– Child support rarely has an impact on child visitation. However, a non-custodial parent who does not comply with a visitation order can be taken to court and custody may be changed.
– Child support orders can be modified if a parent has a sudden, unexpected drop in income.
– Child support usually continues until a child reaches the age of majority (16 to 19), joins the military or becomes emancipated or self-supporting.
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