Divorced parents with child(ren) less than 18 years of age are obligated by the law to cater for the upkeep and the general well being of the said child(ren). This is what is known as Child Support. It concerns payment arrangements relating to issues such as; shelter, education, health insurance, feeding, etc.
However, considering the context that necessitates its existence, Child Support is naturally a highly contentious facet of the family law. It’s amongst the major highlights in divorce negotiations, and if not done properly, one party might leave the court feeling cheated, bitter and hard-done-by.
But under the law, how is Child Support determined? Beyond the usual suspects like incomes and costs of living, identified below are 3 of the most unusual factors that are taken into consideration when determining who gets what in Child Support?
One important factor to be given a considerable thought is the number of children involved in the divorce. It is safe to accept that more kids mean more money. But even more that this, another consideration is given to the amount of time that each parent spends with the children. More time usually spent translates to less money owed to the other parent for child support.
2.Child’s Standard of Living Before Separation or Divorce:
A child is not the least important party in any divorce case. It is not just about the two adults rushing off to be away and separated from each other. It must be assured that the interest of the child(ren) involved is also adequately catered for and well protected. The standard of living and the needs of the child(ren) is considered, and it is used to determine how much is set in child support. This becomes needful because the kid(s) ought to maintain the same type of living even after divorce. The separation of the parents must not negatively impact the child(ren) in any major way.
3.The Parent’s Ability to Pay:
The cost of child support is not set just by pulling some figures from the thin air. Special attention is also given to the earning power/potential of the paying parent. Of what use is a payment that is not feasible or realistic? This is the reason child support must be fair and proportional to the income of the paying parent. If these two are not commensurate, then the child support payment structure must be re-adjusted and reset into a more realistic model. If you have questions regarding your child support, please contact us today at 480-345-2652.