Children are the best part of a marriage and oftentimes, when marriages dissolve, children do have to be thought of. When it comes to child support after a divorce, there are a few things that do come into play when determining how much each parent owes, if any. If you are dealing with a divorce and child support, child support attorney Kelvin Birk can help.
How Is Child Support Determined?
The first step to child support is of course going to be looking at the child custody agreement. If one parent has primary physical custody and care of a child, the other parent is likely to pay the majority of the child support to the parent that has the child the most. This is the first factor that the judge is going to take into account when they are looking at the child support agreement.
The next step is going to be to look at the overall income of both parents. Even if one parent has the child the most, if they make more than the other parent, they are not going to have to pay as much. The judge is also going to look at factors like which parent pays for health care, which parent pays things like tuition to schools, which parent pays for the home that the child lives in, and so on.
The main goal of child support is to provide the parent that has the primary physical custody with enough money to provide the child with the same level of care and the same quality of life that they had before the divorce or separation took place. If a child lived in a certain type of home, if they went to a certain school, etc, the goal of child support is to help ensure that the life of the child does not change for lack of money or change in a financial situation.
Another factor that the judge will take into account is the overall costs that are associated with the child. Again, referring to the quality of life of the child before the separation, if the monthly cost of taking care of the child is $500 a month, the judge is going to try to make sure that the child has the same quality of life after the separation.
The judge will also take things like how much money the parent that is supposed to pay support makes. They will not ask that parent to pay more than they can afford as it will affect their own ability to keep making money and taking care of the child when they have them. The main factors that are taken into account are the overall money that each parent makes, which parent has the child the most, who pays for the health care for the child, who pays for the primary home of the child, how much the child needs, the age of the child and of course if there are multiple children.
When Do You Need a Lawyer?
When it comes to child support, unless you have a fully amicable split and both parties are easily agreeing to the amounts being paid, it is always a good idea to have a lawyer on hand. The main issue with child support is that it does need to be in writing and it does need to be legally agreed upon even if both parties are on good terms. The reason for this is that it does need to be in writing so that no one can say otherwise and so that if something does change, there was written proof of the agreement to fall back on.
A lawyer is going to be a fantastic asset when it comes to the overall child support process as they are going to know what the particular formulas are for the area in which you live, they are going to know what you can ask for and what you can feasibly expect in terms of child support.
It is important to take the time to talk with a lawyer about what sort of child support you might be asked to pay or what your former partner may need to pay as well. A lawyer is going to help you figure out just what to add to the child support agreement, they can help you get it in writing and can help you ensure that it is legal and binding, and they can also help you with adjustments down the line if they do need to be changed.
Lawyers are going to be able to help you really get your child support settled and ready so that you can get the money that you need to care for your children. Child support is not set in stone. If things change or circumstances are different, the agreement can be adjusted and changed if both parties agree. No judge is going to force someone to pay so much child support that they cannot take care of themselves.
A lawyer is going to be able to work with both parties to come to an agreement that is going to work for both of you and that is going to help ensure that your children are cared for and that both parties are going to be able to help meet the requirements of the child support agreement. Child support can be changed, it is meant to help make sure that children are well cared for, and for many parents, it is essential when you do lose that security of a relationship when a split occurs. Child support is a must, the right lawyer can help, and knowing the basics can make a big difference overall.