DADI Blog

Child Support

Posted by admin on April 27th, 2006

Child support is a legal duty for any parent.  It shares the responsibility for food, clothing, education, and incidentals a child may need between both parents.  Child support is usually preset by the county according to what noncustodial parent earns.  The child who is suffering emotionally from a separation and divorce should not have to worry about not having a pair of shoes to fit them, or if their custodial parent can provide food for the table.

Child support in California is determined by annual income of the parent and the number of children the parent must provide for.  A mutual agreement on amount can be made by both parents.  If parents cannot reach an agreement, a court judgment will decide the child support to be paid by the noncustodial parent.  A modification of child support can be applied for if there is a significant change in income or something that wasn’t previously addressed in the court order.  Unless specifically addressed by the child support order, college tuition and expenses can be renegotiated and a variation asked for.  This would mean continued support while the child attends college and perhaps an increased amount to help pay college tuition.

What happens if a custodial parent remarries?  If the custodial parent remarries and their income increases, can child support be lowered?  The new spouse’s income is not considered in regard to child support.  They have no legal duty to provide support for the children of another previous spouse.

Can you stop child support if you aren’t allowed visitation rights as awarded by the courts?  This isn’t an alternative.  Child support is to be paid on the agreed on date with no decrease in the amount even if visitation is denied to the support-paying parent.

What does a child support order contain?  It contains the social security number of each child, the amount that is to be paid for each child, when the payments are due, and how they are to be made.  It is common practice for most child support payments to go through the court system.  Both parents have a record of how much and when each payment was made.

Payments of child support are not taxable for the receiving parent, so it isn’t a deduction for the paying parent.  An agreement between the two parents as to who claims the minor child is usually decided on and included in the child support order.  If an agreement can’t be reached, the court settles the issue.

Medical insurance is provided by the parent that has the best coverage at the least expense, not always paid for by the parent paying support.

Bankruptcy does not relieve a parent of paying child support.

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