Analysis: What Determines Child Support Payments In A Divorce

Reynolds (2004) stated that five out of every six custodial parents are mothers, and he goes on to say that one out of three of those custodial parents receives a full payment averaging about five thousand dollars. Often times a judge makes the decision to grant custody to the mother based on the idea that a mother has a closer relationship with the child because of giving birth. However, it is important to remember as Smith (2003) reminds us that fathers love their children just as much as mothers, and to call them non-custodial parents is offensive. Often times when parents get divorced the mother has been a stay at home mom and the father has been the primary bread winner so, when a mom is awarded custody as you can imagine it becomes very difficult for her to balance the children and the one (or more) jobs that she has to work in order to support the family.

Child custody have been an issue for many years but no clear rules have been established until approximately in the 1970’s. In the early colonial years, the arrangement was unappealing to children and their mothers and possibly doing psychologically damage. Luckily, history has evolved and children’s well-being has become a priority in divorce cases.

Child support is by far the most common thing in America. Families which include both parents are slowly dying out. Although raising a child in a single family home might be easy to some, it is actually pretty stressful for those who aren’t financially stabled. I could go into many details and situations regarding child support due to the fact that my siblings are either on the supporting side or the one who needs the support. Child support is a very big deal to me because I do feel that if the other parent doesn’t want to be in that child’s life then the least they could do is give money to the care giver so that child is not going without, especially in the infant stage.

Both parents may work or 1 parent might do 2 job to secure their future

Child support is a complex and detailed process even with the strict calculation guidelines in place. The parents can agree upon an amount or the court may adjust the amount according to the situation.

Christopher Lambesis (Father) and Erin Lambesis (Mother) were divorced in 2013. In the divorce decree, Father was ordered to pay Mother $100 per month for child support for the two minor children. In October 2014, Father filed a Petition to Modify Child Support. Based on his own calculations using the Parent’s Worksheet for Child Support, he requested Mother pay him $100 per month. Mother requested a hearing in response including her own calculations indicating that Father should be paying her $123 per month. An evidentiary hearing was held and the court ordered Father to pay mother child support amounting to $149.30 per month. Father filed a Motion for a New Trial stating that he was not provided with documentation regarding Mother’s financial status in a timely manner and that the family court’s child support obligation calculations were incorrect. Mother filed an Application for Attorneys’ Fees and Costs. The court denied Father’s request for a new trial and granted Mother’s request for attorney fees. Father filed a motion to reconsider the allocation of parenting time coordinator’s fees. This motion was also denied. Father appealed the court’s decision.

If a divorce agreement executed in 2012 specifies that a portion of the amount of an alimony payment is contingent upon the status of a child, that portion is considered to be a child support payment.

Which means even if the noncustodial parents live in another State he can still be tracked down for support. Employers are vital to the child support program. Child support can be collected through direct wage withholding. This will also implement the employer to enroll children in health insurance, and remit child support o the State Disbursement Unit. Intercepting state and federal tax return, workers compensation, and unemployment payments is another action that can be taken to obtain support. Both the custody and noncustodial parent will be sent letter informing of such action. In some cases if support is left unpaid there will be a order to report back to court where the noncustodial parent may be given the option to go pay amount due or ordered to jail. If the noncustodial parent does not show up for court the judge will issue a warrant. In most cases passports and driver’s license have even been revoked for not paying order child support. I have seen the judge go as far as suspending certain business

Child support is the amount of money that a court orders a parent to pay each month to help support the child’s living expenses. California Family Code §4057(a) states that the guideline amount of child support, as determined by the formula, is “presumed to be the correct amount of child support to be ordered”.

How is the child support amount calculated? The Child Support Guidelines are administered by the States and they vary from one state to another. The Guidelines are a little murky if one (or both) of the spouses are independent business owners that have control over their income. In such cases, a financial or tax professional will be able to help to figure out the real potential income of both spouses. Is there a need to go to court? If you are unable to reach an agreement, then going to court is necessary. A judge will hear the case once a court date has been set. In the USA, less than 2% of divorce cases ever proceed to trial. What is a QDRO and do I actually require one? A Qualified Domestic Relations Order (QDRO) is an official document that

Divorce is not just a tough situation for the couples getting the divorce; it also has a large effect on any children involved in the divorce. When children are involved in a divorce, the first major impact they have to face is that child or children involved in the divorce losses time with each of the parents. In a non-divorced family on

According to Marquart (2006), “after a divorce the job of making sense of the two worlds and the conflicts that arise between them doesn’t go away—it gets handed from the adults to the children(p. 215). When living with one parent a child may develop a sense of confusion when it comes to the family hierarchy because of the loss of one or more of the leader figures in the household (Kumar, 2011). Loss of one of the family incomes and

Whether you're going through a divorce, trying to enforce a child support order, or seeking a renegotiation of a child support agreement, your case is unique. A child support lawyer will evaluate your case and give you an idea of what to expect throughout the

Parents need to maintain the daily schedule. This is most difficult for the parent who does not have primary custody of the child. The non custodial parent must try to accomplish a schedule of their own that must include the needs and wants of the child. Depending on the work situation of this parent, it can be a quite difficult task. “The finding that decreased income was associated with higher divorce adjustment for men but not for women was inconsistent with findings that divorced women suffer financially to a greater extent than divorced men” (527 Plummer). With this fact, it is known that single-parenting affects a woman more heavily that it would a man. If the custodial parent is constantly trying to keep up with the demands of their job, this will affect how much time the parent and child will spend together. The attachment many children develop with their father by the preschool years makes them sensitive to changes in the amount of time they spend with him and interact with him. A younger child cannot always understand who their father really is. This leaves fathers feeling desperate for time with their child. When the father spends time with his children, he is liable to stretch the time they have together by taking the children home later, which causes stress for the mother because she has such negative feelings toward the father. This becomes “fuel” for confrontations with the father.

When parents become divorced there are many decisions that they must come to an agreement upon. "How will are possessions be divided?" and "What will happen to the children?" are often the most asked questions when divorce occurs. Custody is almost always the largest battle when husband and wife become divorced. Custody includes all duties a parent owes a child including, food, shelter, protection discipline, education, and even a child's religious beliefs (Martin 32). Often, a judge must make custody decisions for the parents. There are several types of custody, but the most common are sole custody, joint legal custody, and joint physical custody.