The first thing you need to know about child support is that the parent in custody of the child is usually the claimant. This really makes the right to child custody a very contentious issue in a divorce case. Many times parents want to win this right not because they are interested in keeping or taking care of the child but because of the privileges and rights that comes with it. The parent that loses the right to child custody by law has a responsibility of bearing the child’s welfare; the burden of footing expenses like the feeding, clothing, education and shelter falls on the non-custodial parent.
Eidelman & Associates can begin planning a strategy to resolve your divorce or other family law matters during a confidential consultation. The position of the law of saddling the non- custodial parent with the responsibility of child support is based on the rationale that both parents by mutual consent agreed to bring the child to the world and so must be responsible for the upkeep of the child until they are mature enough to be financially independent; the second is that the custodial parent has shown enough responsibility by choosing to take care of and nurture the child to maturity; and so the non- custodial parent should share in the responsibility too by bearing the financial burden. Where the court orders joint custody, the financial responsibility for child support is shared between both parents based on income and the time each parent spends with the child.
Calculating child support- how is it done:
How much each parent would contribute to the child support of their wards is determined by certain parameters laid down by the government. Although these parameters may differ from one state to another, to a large extent the parameters followed by most states are similar; if there is any difference at all, maybe one or two. Some of the parameters commonly used as a basis for calculating a parent’s child support liability in many states include the income and expenses of the parents, the daily needs and expenses of the child including clothing, shelter, feeding, health insurance, and any special needs, the ability of the parents to meet up with child support requirement, the custodial parent’s needs and the child’s standard of living before divorce.
Is the calculation based on the parent’s actual earnings or on the potential earnings? The verdict of the jury is the arbiter here. In giving the verdict on this matter, the judge thoroughly assesses the parents’ earning potential and actual earnings in order not to give room for either parents to intentionally abdicate their responsibilities by taking a less paying job or even refusing to work at all. The judges’ responsibility and aim here is to impose a very fair and considerate child support contribution that is proportional to the income of both parents. This in a way puts the parents in check and commits them to their job as they now know they have to meet up with their wards financial obligations.