Divorce Lawyers in Westchester
On this page, some common questions are addressed
Family Lawyer Westchester
In the past, it was common to believe that the father was the main provider and was in charge of providing for a kid in large part. The way child support is calculated has evolved. The custody arrangement is now being scrutinized by the courts more closely, and support rulings are being based on the economic realities of what the custody arrangement truly means to the parties.
As a result, receiving assistance is not automatically denied to non-custodial parents. Continue reading to find out more about child support reform and how it affects parents’ legal responsibilities.
What Is Paid for by Child Support?
The goal of child support payments is to help raise a kid. The cost of the kid’s housing, food, and clothing is covered through child support. Child support payments must also cover the price of the child’s other necessities, such as daycare, medical expenses, and health insurance premiums.
How to Calculate Child Support
Typically, both parents’ incomes are taken into account while calculating child support. To put the kid in the same financial situation as they would have been in had the parents remained together is the aim. In principle, each parent has a legal responsibility to assist their children financially.
The federal government requires all states to follow child support regulations. But regulations vary from one state to the next. A formula based on net income is used in certain states, whereas a formula based on gross income is used in others.
Many state laws include how much time a kid spends with each parent when calculating the amount of child support. The cost of raising a kid increases with the amount of time a youngster spends with a non-custodial parent.
The kid may spend almost as much time with the non-custodial parent as they do with the custodial parent in cases of divided custody or frequent visitation. If there is shared custody and minimal visitation, the amount of child support may be lower than in other circumstances. The amount of assistance imposed is also impacted by the relative economic disparities between the parents.
Support could exceed or fall short of the sum established by the standards. To change the sum, though, mitigating circumstances might need to be demonstrated.
Child Support Payments May Be Due to the Non-Custodial Parent
In many situations, the non-custodial parent is required to pay child support to the custodial parent, or the parent with whom the kid lives most of the time. Child support isn’t always given to the custodial parent and isn’t always paid by the non-custodial parent, either. There are laws in several places that allow judges to force one or both parents to contribute what is reasonable and required to sustain the child.
Several instances of non-custodial mothers who receive child support
The quantity of time the two youngsters spent with their mother and father did not differ much in a scenario where the father was assigned the role of the custodial parent. The mother made less than $10,000 per year while the father earned $150,000 annually. The father was named as the custodial parent, and it was questioned by the Illinois Supreme Court if this meant that he could not be made to pay child support to the mother, who was listed as the non-custodial parent. The court ruled that the idea that custodial parents are free from having to pay child support is unsupported by Illinois law.
Examples of Fathers Who Don't Have Children But Receive Child Support
In an Indiana case where the mother was the primary caretaker and had a yearly salary that was about double that of the father, a similar decision was reached. Despite not having primary custody, the father spent more than 40% of the year with the kids. Although the Indiana Supreme Court ruled that Indiana’s rules do not permit a custodial parent to pay child support to a non-custodial parent, it added that a court might order a custodial parent to do so if the state’s criteria led to an unfair outcome.
In a related case, the Pennsylvania Supreme Court ruled that it is improper for a court to refuse to take into account whether departing from the state’s rules is acceptable, even when doing so might result in a parent receiving child support who is not the main custodial parent.
In these decisions, the courts observed that, depending on the custody arrangement, non-custodial parents may have visiting schedules that are comparable to those of the custodial parents and that are also reasonably priced. As a result, when a child spends about equal amounts of time with each parent, each parent provides almost equivalent care for the child and incurs comparable expenses. In these cases, it is important to consider the non-custodial parent’s income and resources to the custodial parent before imposing a child support order.
The mere fact that a parent is “non-custodial” should not bar them from obtaining assistance if they have less money. The following factors may be taken into consideration when deciding whether to stray from the recommendations’ support levels:
- Unusual obligations and needs
- Additional duties of the parties for assistance
- Additional family income
- The parties’ assets
- Not being covered by insurance for medical costs
- Living conditions of the parties and their offspring
- Other elements, such as the child’s or children’s best interests
What Happens If the Noncustodial Parent Cannot Afford the Amount of Child Support Calculated by the Court?
The noncustodial parent must present a hardship to the court to convince them that the child support payments should be decreased if they believe they are unable to make them.
Seek legal counsel if you Have Questions About Child Support.
It might be difficult to comprehend your state’s child support laws and how they relate to your parenting situation. You should think about contacting an experienced child support attorney if you need help understanding the rules or handling your position as a custodial or non-custodial parent.