Most divorced/single fathers must pay child support at some point. However, they have little understanding of the question, nor do they fully understand how it affects their lives, and the lives of their children. They lack the cognition of all their options, AND RIGHTS. And, if you would like more statistics posted about this topic, visit; paying child support in Georgia.
The parent with which the children do not live is required to pay money to the custodial parent for the help of the children. Courts might order child support to carry on past the age of 18 for children who’re attending college or a trade school. If a child is disabled, child support may be ordered to continue ad infinitum.
Holy cow …
Since the late eighties, the Federal Government has required each state to implement some form of guidelines to assist in the creation of the amount of child support ordered to be paid in Dissolution of Marriage cases, or Paternity cases.
States throughout the country have adopted varying models to establish child support. Some use a percentage of the non-custodial parent’s income; others base child support on each parent’s percentage of their combined gross parental income.
The first step in the creation of the appropriate amount of child support for your case is to learn what method your state, or the state of jurisdiction, uses. Obtain copies of the relevant child support charts and forms. You can usually have a copy of the guidelines from your county’s Circuit Court Clerk, but may also be available on the state website. A review and amendment of the guidelines are performed every 4 years, so make that you have the current version.
Some states set the age standard 18; parents will cease to be liable for the child support when the child turn 18.some States allow it till at he age of 19.Some states want to make sure the child receives support until his or her 21st birthday.Other states allow that the parents won’t be necessary to pay for child support when the minor is graduated from high school.
There are many factors used in child support calculation have a significant effect on the amount to be paid like-depend upon monthly income of the parents, cost of medical insurance for the child, day care cost for children the age of the children. Many custodial parents find themselves in a real financial predicament when the noncustodial parent refuses to pay child support.we at the calchildsupprtlaw take task of enforcing child and spousal support orders on a contingency basis.
As an example, Texas and Illinois use a percentage of the non-custodial parent’s income, while both Missouri and Kansas establish the amount of child support by calculating each parent’s percentage of their combined total gross monthly income. Both Missouri and Kansas have child support charts that are keyed to gross monthly income and the number of children in the family, though Kansas further refines their calculations founded on the ages of the children.
The child support guidelines indicate the ‘basic’ amount of child support; additional child related expenses are in addition to this figure to calculate the ‘total child care expense. ‘ This number is multiplied by each parent’s percentage of the overall combined income to determine the ‘presumed amount of child support’.
It is presumed that the custodial parent will spend that amount of money on the children; and the non-custodial parent’s child support is usually the amount shown on the child support work sheet-which records all of the income, expenses and adjustments that are allowed by that state.
A parent with primary care and monitoring of the child or the parent with which the child lives with becomes the parent in receipt of child support. The amount of child support payable generally relies on the amount of time each parent spends looking after the welfare of the children.
Payment of child support can be either agreed between the parents or can be determined by Child Support Agency (CSA). Parents can agree to the amount payable and the manner in which payment would be paid. Parents can agree on an amount payable as child support and yet pay the amount through CSA. Generally parents who’re not in receipt of centrelink benefits are able to make their own child support arrangements either by way of an informal agreement or by way of a Child Support Agreement. Once a Child Support Agreement is registered it is of binding effect and it can not be varied by way of another Child Support Agreement or by a court order. Child Support Agreements should also be submitted for short periods of time to ensure the changing circumstances are taken into account. Therefore, it is always important to have legal advise before signing a Child Support Agreement.
When there is no agreement between parents, the amount payable is assessed by CSA in accordance with the Child Support (Assessment) Act 1989 and collection and payment is made through CSA. CSA makes a calculation for the amount payable using a formula under the Act. They would determine the amount that is collectible by a party with lesser care of the children and will take into consideration matters such as the parents income, the number of children, the living expenses of the parent, other children in their care, etc.
Each of these factors are ‘fact’ specific. This means, it is hard to generalize about the importation or impact of any of them on a given case, other than to say the guidelines themselves have’ Comments for Use’ that may address how such issues should be handled when establishing child support. Other factors may likewise be considered by way of a’ Rebuttable Presumption’ argument. This could increase or reduce the final amount ordered.
The following will address these issues, beginning with what i’m supposed to do when handed that sheet of paper that says you have a baby that requires financial support, even when you did not know you had a child. Worse, that you owe 18-years of’ Retroactive Child Support’.
Intended to lessen the financial burden of raising a baby with a roof over their head and clothes on their back. Belly’s full of food.
Often the non custodial parent has to pay for 100 percent of the child’s insurance, some states deduct this off of the regular basic child support, some don’t.
This is where the parents are necessary to split the co-pays for the doctors, or any other medical item that isn’t covered by insurance such as braces, or spectacles. Typically this is a 50/50 split but if one person makes much higher than the other it can be split according to income. For example if the dad makes 3 grand a month. The mom makes 1 grand a month then the dad brings in 75 percent of the income so he is liable for 75 percent of the out of pocket medical costs.
This is treated much like out of pocket medical, it can be split 50/50 or on the sliding scale of income. Daycare is typically covered if the custodial parent has to work and for that reason, the child is placed in daycare. In addition, the private school tuition typically only works with a Judge if that’s what the child would have had the two parents stayed together.
These are the fee’s associated with ballet lessons, music lessons, sports fees, and I even saw an order once that detailed prom tickets to be split. College is usually not split by the parents. However, everything else is open for interpretation by the Judge. He can award all of these cases in the order, or none of them…it all comes down to the Judge.
Begin here by reviewing this Handbook On Child Support (also found below) provided by the Federal Office of Child Support Enforcement and the Federal Citizen Information Center of the U.S. General Services Administration.
All states have programs to capture federal and state income tax refunds for recovering past due child support. If you owe past due child support the capturing of your income tax refunds may represent a relatively painless way of paying your past due support.
Unfortunately, the computers that capture income tax refund payments aren’t always accurate resulting in people who DO NOT OWE past due child support getting their refunds captured. The only way to work around this issue isn’t to have a refund.
Any good accountant will say to you that it isn’t wise to get tax refunds. Uncle Sam doesn’t pay you interest for money that he keeps all year long, and only charges modest fees. If you haven’t paid in enough by the end of fiscal year.
Increase the number of deductions on your’ W-4 Form’ with your employer. The IRS hardly even blinks if you take up to eight deductions on your W-4 Form.
You may have to pay in some extra taxes a couple of times per year. However, then again you’ll get more money that is spendable from each paycheck.
If you already have a refund coming for the year, elect to have your refund go toward your next year’s taxes. If you have remarried, make certain to have your spouse fill out Form 8379 (Injured Spouse Claim & Allocation) and send this form in with your taxes every time you file.
You should keep copies of all your paycheck stubs showing child support receipts, child support deductions, and any agreements that you and the other side have made concerning child support, FOREVER.
It is a good idea to make multiple copies of these objects and store them in separate places so that one fire doesn’t wipe them out. Using a scanner to make PDF copies also helps. Fathers’ Rights Groups cannot count the number of times members have been required repay a part of their child support obligations because they threw away part of the above items and didn’t keep good records of their child support payments.
While the agencies that collect child support have a lot of things to be desired, it is usually a much better idea to pay through the court system than to pay the mother directly. Child Support Obligees have a way of conveniently forgetting that they’ve been paid child support, asking to be repaid support that has previously been provided.
You are far more likely to be able to document that you have done your support payments by paying through the court. Even so, you should get a printout from the court, or child support enforcement, every six months or so, to make certain that you’re being properly credited for all your child support payments.
Check with your state (see links below) to determine if this information is available online, or whether they send out regular statements of payments made.
You should keep a Ledger of your Child Support Payments. If you have a computer, you can keep this ledger on a standard spreadsheet program, or in a program like Quicken. If you don’t have a computer, buy some ledger paper and keep a ledger that way. This link will get you to a basic Child Support Ledger.
One of the main causes that fathers develop arrears in their child support is that they don’t make motions to modify their child support immediately upon losing their employment.
If you’re fired or laid off, you need to immediately file a motion to modify your child support payments. Most court systems have the necessary forms for you to make such motions if you cannot afford an attorney to help you in modifying your support payments. However, Child Support Enforcement is required by Federal Law to provide help to EITHER PARENT upon application for a modification to increase OR DECREASE a child support order.
You will need to have documents from your job as to why you’re no longer working. If you quit your job due to health reasons, you’ll need documentation from your doctor as to why you couldn’t continue to carry out your old job.
NOTE: You can only modify your child support back to the date that you filed your motion to change the support so the more you wait the longer you may have to pay.
If you’re self-employed, it’s a good idea to employ a certified public accountant to keep your financial records. Child support enforcement attorneys are always questioning the record keeping of self-employed persons, claiming that you’re taking money under the table. Having an accountant prepare your financial documents will give them more credence in court. A good accountant may look for ways to save you all of his or her fees anyway.
One thing you should consider doing if you’re self-employed is to integrate your business. You can be given a base salary by the society that often will smooth out arguments as to how much you’re making for child support purposes by incorporating.
NOTE: If you incorporate you’ll need to have other persons as shareholders in your company for it to be most effective.
You can generally obtain a copy of these guidelines with your local court rules concerning child support enforcement at the local child support enforcement office, your local courthouse, or online. See this page for links to your state agency.
Both research and observation give clear and convincing evidence that children benefit greatly if both parents are actively engaged in their lives. It is critical to children as they grow and develop.
Bringing a child into the world means making a commitment to care for him or her throughout childhood-ensuring the best possible environment to grow in. Children need safe places to live, nourishing education, food, and a strong foundation of values. Mothers and fathers bring different, but equally important, qualities to their children.
In a divorce or non-marital situation, either parent may be awarded custody of the child– or both may share equally in the physical custody and/or decision-making responsibilities.
I’m the noncustodial parent. I love my kids. I pay my child support. About half the time when I go to pick them up for my weekend, my ex-wife has made other plans for them. It’s not fair that the state will enforce my child support obligation but not do something about my right to consult with my kids.
I tried to obtain a passport for a business trip abroad. The State Department denied it because of child support. I do not know which state said I owe child support.
A noncustodial parent can apply for child support services if the case isn’t being enforced through the Child Support Enforcement (CSE) program, unless the support order requires you to pay her directly. Support orders must include a reserve for income withholding unless both parents and the courts agree on another payment method since January 1994.
If your order doesn’t call for income withholding, you can request this service. If you do, you’ll have a document that you have made payments as required. If you’re self-employed, you may be able to arrange for an automatic transfer of assets to the child support agency through electronic funds transfer (EFT). Either parent can apply for CSE services. These include collecting and distributing payments.
Although the CSE Program lacks authority to enforce visitation, many state or local governments have developed procedures for enforcing visitation orders. Also, the Federal government has made funding available to states for developing model programs to assure that children will be able to dispose of the continuing care and emotional support of both parents.
Check with your local CSE agency and clerk of court to see what resources are available to you and to learn about laws that address custody and visitation.
Either parent can apply for a review, and adjustment, if appropriate, of a child support obligation at least every 36 months, or sooner if there’s been a substantial change in circumstances such as reduced income of the obligated parent or a change in medical support provisions. Check with your CSE office to find out if your child support obligation is consistent with state guidelines and ask how to apply for a review.
If your case doesn’t meet the state’s standards for review, either because the order has been discussed within your state’s review period or the change in income is less than would merit an adjustment under state standards, you may continue to be able to petition the courts for a hearing. In this case, it may be useful to have the services of an attorney. Your local legal aid society may be able to inform you about finding low-cost counsel if you cannot afford a private attorney. Also, a number of states have information about how to deal with your case pro per (a legal term for representing yourself) to dispose of the courts determine if your support obligation should be changed. Contact your local CSE office or the clerk of the court for more information.
The amount that can be withheld from an employee’s wages is restricted by the Federal Consumer Credit Protection Act (FCCPA) to 50 percent of disposable income if an obligated parent has a second family and 60 percent if there’s no second family. These limits are each increased by 5 percent (to 55% and 65%) if payments are in arrears for a term equal to 12 weeks or more. State law may further limit the amount that can be made from a wage earner’s paycheck.
Requests for information from the FPLS in custody and parental kidnapping cases must come from a state CSE agency. State CSE agency web site links are available below.
If you have received papers naming you as the father of a child, and providing information about attending a hearing, contacting the CSE agency or some other court, or other action that you must provide, it’s very important to follow up as needed by the document you received. Check with the CSE agency to see how to apply for genetic testing, or to learn about paternity establishment in your state.
There are cases in which a man could ever be determined to become the father of a minor if he was ‘properly served’ notice of a paternity hearing but didn’t go. What constitutes ‘proper service’ shall be fixed by the state-it may be in a notice delivered to the person’s legal residence, the form of a registered letter, maybe even a notice printed in the newspaper. Check with the CSE agency in the state where paternity was established in order to see what can be done. If the paternity was established by fraud, material mistake of fact, or duress, it may be possible, depending on state law, to challenge the paternity finding.
Also, there are cases under which the alleged father is misidentified-if names are closely similar, for example. There, too, your best information about resolving this will originate from the state CSE agency. Contact information is at the close of this Handbook if it was not given in the notice that you received about the paternity.
Emancipation and the age of majority for termination of child support are established by the states. Some states have provision for child support payments while a child is in college.
For particular situations– if a child leaves school before reaching the age of majority, is still in school but is emancipated, or is enrolled but not attending classes, for example– check with the child support agency to look at how the state handles them.
If a child is handicapped, parents may have to pay support after that child becomes an adult. Also, if a child was committed to be disabled before reaching the age of majority, states can still collect arrearages through tax refund offset.
If a couple filed a joint return and just one of them shall be responsible for the child support payments, in non-community property states the other spouse can file an amended return to receive his or her part of the tax refund. The person who isn’t liable for the child support debt can file tax Form 8379, the Injured Spouse Claim and Allocation.
If you don’t know which state certified your case, or if you’ve never owed back child support, check the list provided with the Department of State denial letter for the contact information it gives for the state where you presently live. If you do not have the list, staff in the state agency can check with the Federal Office of Child Support Enforcement to see which state certified the case and can get you contact information for resolving any problem.
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