Child support, as with all family law issues, can be very complicated and are best represented with the assistance and guidance of an experienced child support attorney. Child support cases should be handled in a professional manner, as it is almost always a requirement in a divorce or dissolution where the parties have minor children from the marriage.
Child Support is a withheld payment from one spouse to another for the support of their minor children following a divorce, dissolution, or the break-up of an unmarried couple. Generally, child support will continue to be paid until a child turns 18 years old, or it may continue to age 19 if the child is still a full-time student.
Child support has unique characteristic under the law. It cannot be discharged in bankruptcy and is not considered as income by the receiving parent. In addition, payment of support by the obligor does not give a tax deduction to the paying parent, the obligor.
The amount of child support that the non-custodial parent pays to the custodial parent is determined by the state Child Support Guidelines. The Guidelines contain a formula that is used to calculate the amount of child support to be paid. The amount of that payment is determined primarily by the income of the parties. Other factors, such as the cost of health insurance coverage for the children and any daycare costs are also factored into the payment amount.
If circumstances materially change, a post -Divorce or post- Dissolution child support modification may be warranted. In that case, either parent may file a modification hearing to request a change the existing child support court order.
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