Taking care of the children and their needs is one of the primary concerns of the parents even after separation. Here are some things that parents should know about child support.
What is child support?
Child Support is the legal responsibility of the parents to give financial support to their children. Irrespective of whether they are married or divorced. Within the marriage, the decision is mutual as the responsibility is shared. As soon as a couple decides to separate, child support should be kept in mind. The needs of the children do not cease in any situation, either one of the parents needs to pay the other for the caring of the children. Things could be worked out more formally after a legal separation or a divorce.
Determining Child Support
The best way to decide the amount for Child Support is by a mutual agreement. Going to the court should be avoided for a number of reasons. The process of the court could be slow and expensive. More over you know the needs of the child and their behavior better than any judge would know. In the court, you will not only lose money but time too.
However if there is a difficulty in deciding mutually, a mediator should be appointed to resolve the issue. It is the duty of the mediator to help the mother and the father to come to an agreement. You can take the help of Family justice Counsellors who are professionally trained for mediation.
Are there any guidelines for it?
Yes, of course there are guidelines described by the government on child support. These are meant to help the parents to decide a fair amount for the support of their children. The amount is decided considering several factors like the annual income of the parents, the state they live in, the number of kids, which parent has the children for a maximum duration.
Even if you happen to go to court, the judge will use the same guidelines.
What is the right time to apply for it?
Right from the time a divorce application is made, child support can be applied simultaneously. The custody of the children and the child support is demanded together along with the divorce application. Although a parent can apply for child support any time after separation, but it is better to do it sooner. The parent who has the custody of the children may not require child support but the events in his/her life may change at a later stage. Even then, the parent can apply for it.
What if the parent doesn’t pay Child Support?
If any such situation arises, where the parent refuses to pay the child support, the government has taken measures by which they can enforce the child support agreement. Firstly, the unpaid child support payment will affect the credit report of the parent who was supposed to pay it. The government can take money from his bank account, a lien can be registered on his property and the amount can be deducted from his salary or other income sources.
When does Child Support Terminate?
Until the child becomes an independent, the Child Support must continue. So, all children under the age of 18 years get child support with two exceptions. The first one being, the child is considered a dependent if he/she has married and is not entitled to child support. Secondly, if the child has attained the age of 16 years and willing withdraws from the child support.
However, the child support will continue even after the child is 18 years old if he/she is not independent because of some disability or disease or goes to full time school.
Still if there are doubts that persist in your mind, legal-opinion should be sought.
