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Is the Child Support Decree Too Much? Too Little?
Contact an All Solutions Network Approved Service Provider for Assistance.
"I have to pay to pay what?" may be the question most often asked on
the 5th or 6th floor of the Family Law Court. It is here that parents (mainly
fathers) discover yet another "expense" involved in the dissolution of
their relationship. Financially drained, emotionally distraught, and often
physically uprooted, the next most often heard remark may be, "it's not
fair". Fairness in life is largely subjective In the Family Law Court,
however, when it comes to determining the dollar amount for child Support, a
computer program called Dissomaster, rules!
The law states that children must be supported and therefore, child support is mandatory. Prior to the late 1980's however, child support was largely at the discretion of the court, i.e., the judge would look at the income of both parents and make a somewhat arbitrary decision on who should pay and how much. With out many official or legal guidelines to follow, two families with similar incomes could end up paying considerably different child support payments.
In a effort to standardize payments a formula was developed, and with the aid of the computer Dissomaster was born. Now, the amount of child support, as defined by law, is based on the dollar amount entered into the Dissomaster program. The basic figures include: Dad's and Mom's Income plus child care costs; other expenses may also be considered (but not travel expenses).
Another important element in the formula is the amount of time each parent spends with the child(ren) For example, the more time Dad spends with the child(ren), the less he pays. One result of Dissomaster appears to be Dad's wanting more time with their children -- money or love?
In divorce, everyone loses. Some parents quit jobs declare bankruptcy or find themselves living in rented rooms in order to support their children. In other families, children find themselves moving back and forth every few days when shared by their parents in a variety of creative ways. Is Dissomaster fair? It may be better than "arbitrary", but who knows?
Spousal support on the other hand is more discretionary with the dollar amount based on "her" need and "his" ability to pay. Because in many families both parents work, spousal support may be for a limited period of time or nonexistent especially if the marriage was shorter than 10 years.
General
Child Support Questions
WHAT IS CHILD SUPPORT?
WHAT IS A CHILD SUPPORT ORDER?
WHO CAN BE ORDERED TO PAY IT?
I'M MARRYING A MAN WHO HAS CHILDREN FROM A PREVIOUS MARRIAGE. HE REGULARLY PAYS
HIS CHILD SUPPORT. SINCE I EARN MORE THAN MY FIANCE, WE WANT TO PROTECT MY
INCOME FROM ANY FUTURE INCREASE IN SUPPORT PAYMENTS SHOULD THE EX- SEEK MORE.
WHAT ARE OUR OPTIONS?
HOW IS THE AMOUNT OF CHILD SUPPORT DETERMINED?
WHAT INCOME ITEMS DO TYPICAL FORMULAS COVER?
HOW DO YOU SHOW INCOME?
WHAT OTHER ITEMS DO FORMULAS CONSIDER?
HOW DO CHILD CARE COSTS GET FACTORED IN?
HOW LONG MUST CHILD SUPPORT BE PAID?
CAN A PARENT LIMIT THE AMOUNT OF FUTURE CHILD SUPPORT THAT IS TO BE PAID TO THE
OTHER (CUSTODIAL) PARENT?
CAN ONE PARENT BE ORDERED TO PAY CHILD SUPPORT EVEN IF S/HE NEVER MARRIED THE
OTHER (CUSTODIAL) PARENT?
WHEN CAN A CHILD SUPPORT ORDER BE CHANGED OR MODIFIED?
OBLIGOR AND OBLIGEE - WHICH ONE IS WHICH?
WHAT IF THE OBLIGEE PARENT DOES NOT SPEND ANY MONEY ON THE CHILD?
WHAT EFFORTS CAN BE TAKEN TO COLLECT CHILD SUPPORT FROM THE PARENT WHO DOES NOT
PAY?
WHAT OTHER COLLECTION REMEDIES ARE AVAILABLE?
IF THE OBLIGOR PARENT DOESN'T PAY, CAN VISITATION BE STOPPED?
MY INCOME DROPPED DRAMATICALLY WHEN I WAS LAID OFF MY JOB AND CANNOT MAKE MY
CHILD SUPPORT PAYMENTS. IS THERE ANY WAY I CAN LOWER THE PAYMENTS?
I AM A STEPPARENT. DO I HAVE AN OBLIGATION TO SUPPORT THE CHILDREN FROM MY
WIFE'S PREVIOUS MARRIAGE?
IS CHILD SUPPORT SUSPENDED DURING SUMMER VACATIONS WITH THE NONCUSTODIAL PARENT?
WHAT ABOUT PAYING FOR COLLEGE OR PRIVATE SCHOOL EXPENSES?
MY EX HAS THREATEN TO FILE BANKRUPTCY. WHAT EFFECT DOES BANKRUPTCY HAVE ON CHILD
SUPPORT?
AFTER A CHILD HAS BEEN RAISED, IS THE PARENT WHO RAISED THEM ABLE TO SUE FOR
BACK CHILD SUPPORT?
WHAT ARE THE TAX CONSEQUENCES OF CHILD SUPPORT?
WHAT IS THE PARENT LOCATOR SERVICE?
I AM THE BIOLOGICAL FATHER OF AN ILLEGITIMATE CHILD BORN TO A MARRIED WOMAN WHO
HAD AGREED TO ABORT THE CHILD. DO I HAVE TO PAY SUPPORT WHEN SHE RENEGED ON OUR
AGREEMENT?
MY WIFE IS DELINQUENT ON HER COURT-ORDERED MEDICAL PAYMENTS FOR OUR CHILD. CAN I
SUE HER FOR THE DELINQUENT FUNDS IN SMALL CLAIMS COURT?
WHAT ABOUT ALLOCATION OF STANDARD OF LIVING?
I'M MARRYING A MAN WHO HAS CHILDREN FROM A PREVIOUS MARRIAGE. HE REGULARLY PAYS
HIS CHILD SUPPORT. SINCE I EARN MORE THAN MY FIANCE, WE WANT TO PROTECT MY
INCOME FROM ANY FUTURE INCREASE IN SUPPORT PAYMENTS SHOULD THE EX- SEEK MORE.
WHAT ARE OUR OPTIONS?
WHAT IS CHILD SUPPORT USED FOR?
DO I NEED TO USE AN ATTORNEY TO DO THE PAPERWORK FOR RELEASING A CONSENTING
FATHER OF HIS PARENTAL RIGHTS?
MY HUSBAND AND I HAVE DECIDED TO USE ARTIFICIAL INSEMINATION TO HAVE A CHILD.
THE DONOR WILL NOT BE OBLIGATED TO SUPPORT THE CHILD. IS THERE SOME TYPE OF
DOCUMENTATION SO THAT THIS TYPE OF ARRANGEMENT CAN BE MADE PERMANENT?
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