What is Child Support?
Child support is when one parent provides financial support to their child—typically occurring after a divorce or separation—and one parent makes considerably less income,but can also happen with parents who were never married or living together. A parent may get forced into child support payments even if they have no contact with the child. The parent who is not living with or raising the child will be ordered to render child maintenance payments every month, even in the situation where both parents have joint custody. However, parents can legally surrender parental rights with the consent of the court and the other parent to give up all rights, custody, and financial responsibility to the child. A child must be the genetic offspring or the adopted child of the parent to qualify for child support. A step-parent is not required to pay child support unless they legally adopted the child.
Child Support – Taxes, Eligibility, Unpaid Child Support, Disclosure, Obligations
The primary intent of child support is to ensure that both parents have equal financial responsibility for the child. When it comes to taxes, the parent who pays child support cannot use those payments as tax deductions, and the parent who receives child support is not required to report the payments as income. Children who are over the age of 18 but still in high school may still be eligible for child support, and those with disabilities may still receive child support long after they reach the adult age. In the case of unpaid child support, a parent may still be obligated to pay it even after the child reaches the age limit and separates from the custodial parent. A parent receiving child support isn’t required to disclose what the money is being spent on and can use it on things that directly or indirectly relate to the child. Parents face incarceration if they possess the capability to pay child support but refuse to do so, not if they legitimately lose a job and are unable to pay. Child support obligations follow a parent no matter what state they choose to move to as they all work together. Fortunately for both parents, child support payments are not set in stone and can increase or decrease based on many factors including a change in either parents’ financial circumstance.
When does Child Support end?
Child support is meant to provide the child with the same quality of life he or she would have had if the parents lived together. Every state has different formulas and factors that determine how much a parent will have to pay in child support. A parent can withdraw from paying child support temporarily if they petition with the court due to lack of income or if he or she is going to jail. Child support ends permanently when the child reaches age 18 (21 in some states), or if the child passes. Another way a parent can avoid child support payments is to attain custody of the child—which will depend on the court’s judgment of a parent’s moral, financial, physical and mental fitness—including how stable and healthy the environment is for the child. Also, a parent may be able to stop paying child support if the child gets married or joins the military before reaching the age limit. Only a lawyer can advise you of the legal implications within your particular child support situation; call us for a free consultation at (800) 603-3900.
What is Child Custody?
A parent’s rights and responsibilities towards their child is known as child custody. Child custody involves the rights a parent has to live with their child, take care of their basic needs, and make decisions for them. Married parents share full custodial rights—however, these rights may be amended and re-established during divorce. For unmarried parents, the father has no legal rights to his child unless he establishes paternity, even if the parents live together. In the case of a child custody dispute between parents, the best results typically come from setting a firm custody agreement with the child’s best interest in mind. The child is what the courts care about—and the parents’ child custody rights may depend on their financial, mental, physical, and moral fitness—including how stable their environment is for the child’s upbringing.
Types of Child Custody
The types of child custody include:
| Legal Child Custody and Joint Legal Custody
Legal child custody is when a parent can legally make decisions on matters that affect the child. In the case where both parents share legal child custody, one can take the other to court if he or she is excluded from decision-making on matters impacting the child’s life. |
Physical Child Custody and Joint Physical Custody
Physical child custody refers to the rights of a parent to live with their child. Parents can have joint physical child custody, which gives both the legal right to live with the child. In many cases, one parent has Sole physical child custody and the other visitation rights. |
Sole Child Custody
Sole child custody means that one parent wields both legal and physical custodial rights to the child. If the court allows it, the other parent can still have visitation rights but is disabled from living with the child or making decisions on the child’s behalf. |
How to get Child Custody?
To get the best outcome in a child custody case, you will need to prove to the court that you have the child’s best interest in mind and are beneficial to the child’s welfare. Ideally, the court wants both parents to share legal and physical custody, especially if siblings are involved so that they aren’t separated. The court may take into consideration which parent will allow the other to have frequent contact with the child. Courts don’t consider a parents’ gender when granting custodial rights, but they will consider factors that yield to the child’s wellbeing. Firstly, the child’s preference will have some weight in the child custody courtroom—how much depends on the child’s age and capacity. The amount of conflict between the parents and their ability to cooperate will also be measured. A parents’ financial, physical, mental, emotional, and moral standing get put into play as well. A court will also base their decisions on how healthy a parents’ social environment and lifestyle can be for the child’s development. Ultimately, there are many factors considered in child custody cases, and there exist differences between states and courtrooms, but the most important thing to keep in mind is what’s best for the child. Child custody is a complex legal process; the wrong move could destroy families and greatly hinder a child’s development. Call us for a free consultation with one of our lawyers. We’ll use our 175 years of experience and do everything we can to help you and your child have a better future together.
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