| Both parents are obliged by law to support their children in accordance with their ability to do so. As a rule, jurisdictions have child support standards in effect, which provide a formula for calculating child maintenance based upon a proportion of gross income earned by each parent.
During a committed relationship, such issues are seldom a concern for the court. But when parents end their marriage or cease to live together with their children as a family, a non-custodial parent is obliged to pay child maintenance to a custodial parent. This issue can be settled out of court or by arguing about it in court. Like alimony, the child maintenance issue, may be included into the divorce judgment or may be decided on in a marital separation agreement. This arguable issue can be avoided, providing that both parents determine the appropriate sum of child support and make it part of a marital separation agreement.
Parents' other legal duties will also be looked into in deciding on child support. For example, if a parent is paying child support from a previous relationship, it will be taken into consideration. Life necessities, including rent and food will also be taken into account by the court. Still, child support payments will not be decreased to make it easier for the parent to make discretionary payments.
For the court to determine the appropriate sum of child maintenance, both parties are to fill out a financial declaration. Each parent will be required to provide full information about their income, property holdings, including checking accounts, investments and real estate and their financial obligations. These documents will be heavily rested on by the court in making the order and, therefore, it is in the children's best interests that the required documents be completed completely and honestly.
Those who avoid paying child support will be punished. If the custodial parent files a complaint to the district attorney's office, the nonpaying parent can be taken to court |
Article Details
