MARRIAGE AND FAMILY LAW
CHILD SUPPORT
You Cannot Have Your Cake and Eat It Too
Edibles, clothes, toys, children’s books, sports equipment, and other expenses accrue. The cost of raising a child is substantive. Who will pay for these costs in the future?
Child support is both a responsibility and an obligation. Parents accept that. Nevertheless, arriving at an appropriate amount leads to heated disputes. Often toxic, too. Always remember: It is your child for whom you are responsible.
Courts determine the amount on a case-by-case basis. For this reason, proper documents prepared is key to a fair ruling. How to calculate child support?
Right of the Child
Child support is the right of the child. It is neither your right nor your spouse’s right. Whether you pay or receive child support payments, bear in mind that it is meant for your child’s care, education, housing, food, health, and activities. Even if you fear that some amount will be spent by your former spouse or partner, always remember that your child is benefitting from it.
Your child’s living standard should be maintained – irrespective of your relationship status.
The Federal Supreme Court has ruled on the issue of financial equality when working out child maintenance contributions between children with (formerly) married and unmarried parents when apportioning the surplus funds to large and small heads.
Direct Costs: Monthly Expenses and Extraordinary Expenses
We determine together the actual financial needs of your children, such as the cost of food, healthcare, leisure. You also need to agree on extraordinary expenses such as dental costs and on the ratio you have to pay, e.g. based on the proportionate share of care or income.
Indirect Costs
Child support payments also compensate for the indirect costs incurred by a parent because he or she is prevented from earning a living by personally caring for the child.
Calculating Child Support
Various factors influence the amount payable, such as each parent’s income and needs, the number and age of dependent children, the financial needs of your children, and the amount of time each parent devotes to the children.
The parents jointly provide for the due maintenance of the child.
Often, a child lives more with one parent than the other, which is why the non-custodial parent pays for the child’s support.
Shared parenting affects child support payments. Usually, you pay child support if your income is above that of the other parent. Thus, child support may be determined by a combination of income and time spent with a child. The more time a person spends with their child, the less child support he or she usually has to pay.
Always plead for a child support amount that accurately aligns these needs with the parent’s financial means.
Duration of the Child Support Obligation
Child support payments last until the child reaches the age of majority. However, special circumstances (such as the child’s disability or appropriate education) may mandate that payments continue.
Contact me to discuss the actual financial needs of your children. This is the first vital step toward resolution.