Child Support Laws
Parents should keep in mind that child support laws are meant to benefit the child(ren), not the custodial parent.
Divorce separation or the break-up of a relationship can cause havoc in the family structure, especially for children. Unfortunately, oftentimes parents become so angry with the other parent, they forget about the children. A parent’s anger can become so intense that they completely disregard the welfare of their child(ren) and focus solely on “getting back” at the other parent. The first strategy of revenge is money. By withholding money, the other parent uses it as leverage to control the custodial parent. Here is where the child support court can be beneficial through child support enforcement.
While some parents feel the need to blame the ex-spouse, the judge, or the court system in general when a parent exercises his or her child support rights or their child custody rights, the reality is that there’s no one to blame. On the contrary, parents should praise the court system for stepping up and protecting the child(ren) who are completely innocent because without a proper child support order many children would suffer.
True enough, there may be instances when perhaps a support order seems unfair, however, parents must keep in mind that they and the other parent are both responsible for supporting their children if they are under age 18. And this duty may extend beyond age 18 if certain conditions are met.
The amount of support to be paid by one parent to the other is based on established guidelines. Computer programs are available for helping parents determine who will pay such support, and how much is to be paid. Custodial time share is a big determinant. In other words, how much money one parent is ordered to pay to the other for child support is largely based on how much time each parent spends with the child(ren). The more time spent, the less money paid. Another factor is each parent’s income, as well as the lifestyle the child may have become accustomed to.
The one thing a parent who has been order to pay support for the child should avoid is to accumulate support arrears (back-pay) by not paying ordered support. This creates a slippery slope of debt and legal violations. Laws are becoming much stricter than in times past. Parent who owe child support arrears may have their driver’s license suspended or their income tax return intercepted, among other ways of penalizing the non-paying parent.
If necessary, a custodial parent may request a wage assignment order. This is an order that requires the other parent’s employer to make child support payments directly to the parent entitled to receive support.
So, in the end, the real benefit is to the child(ren). If for any (valid) reason a paying parent truly believes that child support that they are paying to a custodial parent is not being properly utilized for the child(ren) the paying parent should gather as much supporting evidence to show the mishandling of funds and present it at a family court hearing. Refusing to pay child support is not the answer; this approach will only cause trouble. Pay the money and address any problems with the court. Remember, it’s for the kids!
