Child support and visitation are often the most fought over details during a divorce. The primary custodial parent may believe they deserve more money than they receive while the parent who has to pay wants to pay less or have proof the money is going for things their child needs and not for frivolous items.
Child support payments are made by the non-custodial parent to the custodial one during and after a divorce. The payments are usually made until the child reaches adulthood, but sometimes can continue after, such as when a family has a special needs child. If this is the case in your family, make sure your attorney knows this and has an idea about medical issues that will have to be paid for. Usually, the courts will order the parents to split any medical and dental expenses for children that are not reimbursed by insurance, but it can’t hurt to have it noted that medical expenses for this child will continue beyond the age of 18.
The amount of child support is based on the wages of each parent and the time each parent spends with the child. As you file for divorce, you will have to provide proof of income so the amount can be decided. Every state has their own guidelines for figuring the amount of child support and many factors go into that decision. How many children there are, whether any health insurance is paid by the non-custodial parent, day care expenses and many other factors help the court decide the proper amount.
In most states, the payer of child support will have his/her wages garnished. This means that the amount that is owed is automatically withdrawn from their income and is usually sent to a county office in the town where the divorce was filed. The money is then deposited in the account of the person who receives it. When child support is handled this way, you never have to worry about whether you will get the money you are owed.
I have had cases over the years where the payor parent, usually the father, so resents having to pay his ex-wife child support, that he will refuse to make the court ordered payments. In a few of these cases, the arrears have reached $50,000 – $60,000, and sometimes even higher. The consequences of failing to pay child support can be severe! I have seen people go to jail, sometimes more than once. In other cases the court has suspended the drivers license privileges. Once the back payments get so high, it can become almost impossible to ever pay them off completely because the monthly payments, when they are made, often only go to interest charges and late fees.
Your responsibility as the receiver of these funds is to be sure the money is used for your child. In some cases, you may be asked to provide receipts for how the money was spent. If you will need to do this, you will be notified when your divorce is final. You are also responsible for contacting the court as each of your children reaches the age of 18 and to repay any amount you may receive after you have made the notification.
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