Though relationships can end in the blink of an eye, child support continues for many years. When parents separate, one often ends up with custody of the children and the other is required to pay child support. Whether a child support issue arises during or after a separation, a lawyer can help the parents iron out their differences for the benefit of their children. Child support questions can be answered by an expert by getting a free consultation!
We Fix Child Support Problems
The amount of income that the non-custodial parent earns is the most important factor considered by courts when determining child support. Once the court issues a child support order, parents must comply with the decision. Neither parent is legally permitted to lower or raise child support. The proper process is to file a motion with the court to modify child support and this is best handled by a lawyer for child support.
Documentation proving a change of circumstances must be presented with the motion. This notifies the court that the situation it initially reviewed has changed and an additional review is required. The most common reasons a court will lower child support are that the noncustodial parent cannot afford to continue the payments or the non-custodial parent pays for additional items that were not considered part of child support.
Once a court adjusts the child support amount, the parents are once again beholden to abide by it. If the custodial parent feels that the amount is too low, that has no bearing. However, if the non-custodial parent does not pay the amount of support ordered by the court, a motion of contempt of court can be filed. This may result in the non-custodial parent having to pay the unpaid arrears or even serve jail time until the non-paid support is paid.
To avoid legal problems, all agreements pertaining to changes in child support should be made via a motion to modify child support. If the non-custodial parent spends money on gifts and clothing for the children, receipts should be presented to substantiate that this was part of the child support payment. Withholding child support can result in strict penalties and severe emotional damage to children.
Parents should learn about their child support rights and contact an attorney to have a child support order modified. If a review of the situation reveals a justification to raise or lower child support, the attorney will file the relevant paperwork in court. This approach ensures that adjustments to child support payments are within the law.