If you have children and are considering divorce or are in the process of being divorced, the subject of child support is something that is likely to arise. It is a fact that it costs a great deal of money to raise a child. The child will need to be fed, clothed and put through school, not to mention trips to the dentist and doctor. It is often too much for one parent to bear alone. This is the reason that child support was established.
Non-Custodial Parents & Child Support
The non-custodial parent pays child support to the custodial parent. The custodial parent is the one that will shoulder most of the responsibility of raising the children. If your divorce is not yet finalized then you may be unsure which spouse will be the custodial parent. It is most often the case that custody of the child or children is given to the parent that was the primary caregiver prior to the divorce. In most marriages with children, parents tend to fall into primary and secondary parenting roles. Quite often, the mother will take on this responsibility but this is not always the case. Fathers can be primary caregivers as well. If one parent has a job that requires them to frequently travel or work irregular hours then they are unlikely to be awarded primary custody. If you have been providing most of the care and parental support for your child, you are likely to be the custodial parent following the divorce. If you have taken a more secondary role due to employment commitments then in all likelihood you will be the non-custodial parent.
How Long Child Support Must be Paid
In most cases, the non-custodial parent is required to pay child support until a child is eighteen years of age or until they leave school. Some factors, however, may alter this. In the case that the child is married, child support will no longer need to be paid. It is deemed that they have been "emancipated by marriage" and will no longer be the responsibility of the non-custodial parent. On the other hand, a non-custodial parent may have to provide child support far beyond a child's eighteenth birthday if they are physically or intellectually disabled.
How Child Support is Paid
There are a number of ways that child support can be paid. The method of payment may vary according to income level and assets. Most commonly, people make periodic payments. The amount of the payments is a reflection of the costs involved in raising a child or children. The non-custodial parent's income and obligations will be evaluated and then be required to pay a percentage of his or her salary on a monthly basis. If his or her income increases or decreases significantly then the amount will be adjusted accordingly. Alternative payment methods of child support include paying a lump sum, through the purchase of an annuity, by setting aside of property or a combination of any of the payment types.
Visitation Rights Effects on Child Support
Visitation rights can have an effect on child support. "Child support" is intended to cover expenses that the non-custodial parent accrues in the raising of a child. If the child or children spend a great deal of time with the non-custodial parent then it is reasonable to assume that they are spending their available resources to do so. This may in fact be grounds to offset some of the costs of child support. Other contributions made by the non-custodial parent can also have an impact on child support costs. If the non-custodial parent contributes to medical costs, schooling, insurance or other significant expenses involving the child then it may reduce the child support obligation.
Child Support and Visitation Rights
Child support does not guarantee visitation. It is myth that it does so. If a parent is unable to see their children, they will still be required to pay child support. It is a common misconception that child support guarantees a right to visitation. Child support and visitation are two entirely different processes. If a parent is not granted visitation for any reason, it has no bearing on child support obligations. The only reason that would allow a non-custodial parent to pay a very small amount of child support is if they do not have the means to an income. If a parent is incarcerated or unemployed or if they are for some other reason unable to work, they might be unable to meet standard payments. They will still be required to pay child support.
Nonpayment of Child Support
Non payment of child support is a very serious matter. Nonpayment of child support is technically a felony. If a non-custodial parent misses a payment for any reason, they will have to take steps to repay it. If they are delinquent in their payments then they might be jailed. Jail is most often used as a last resort since it leaves the non-custodial parent without a means to an income. It is much more likely that some other punishment would be applied including garnishment of wages, property seizure, driver's license suspension or business license suspension. These punishments tend to provide the amount of pressure that is necessary to extract payment.
Choosing a Family Law Attorney
Child support can be an extremely complicated topic and is best approached with your family law attorney. Generally, a non-custodial parent will pay 20% of their net monthly resources for the first child and 5% more for every other child. This is understandably a substantial burden for the non-custodial parent to bear. However, it is an accurate reflection of the costs of raising a child. If you are interested in learning more about child support or concerned that you may be paying an excessive amount of child support, a family law attorney is a great source of advice.
Untitled Document
Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.
Untitled Document
Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville,
Cleveland, Stafford, Montgomery County, Harris County, Westchase, West Oaks, Memorial, Sugar Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.