|
The dissolution of a marriage can be a difficult and emotional process, especially when children are involved. Unfortunately, child custody and child support arrangements are typically the most difficult subjects for divorcing spouses to agree upon. Consulting a qualified and experienced family law attorney in Austin is often the best way to develop a fair and acceptable plan that is in the best interests of both the parents and the children. Read on to learn the answers to some of the most frequently asked questions about child support. Who Is Eligible to Receive Child Support? Any legal custodian of a minor child is considered eligible to receive child support. Legal custodians may include parents, grandparents, extended family members, or court-appointed guardians who are physically, emotionally, and financially capable of caring for a child. When Should Child Support Payments Begin? Child support payments are not mandatory without a court order. The non-custodial parent may choose to make voluntary child support payments until the divorce is legal and the court has issued an official child custody and child support agreement. The court may order retroactive child support payments to be paid once the agreement is official. How Much Child Support Will I Receive? The specific amount of child support received by a legal custodian is determined by state guidelines and the family court. The amount varies with each case, but is typically a percentage of the non-custodial parent’s total income after taxes, health insurance, and other mandatory deductions. The total amount of child support received can also be influenced by any of the following factors: • Total income of both parents • Total cost of health insurance • The number of children • Total amount of child support being paid for other dependents • Total amount of alimony being received • Total cost of the child’s extraordinary medical expenses • Total cost of daycare How Are Child Support Payments Made? The specific method of child support payment can vary depending upon the terms of the child support order. Most payments are made to and distributed from the family court to ensure that the noncustodial parent is properly credited for each payment. Failure to make child support payments can result in garnishment of the noncustodial parent’s paycheck. Can I Get Retroactive Child Support? Yes, custodial parents are entitled to retroactive child support if they have not received court-ordered support from the non-custodial parent. The court is entitled to award retroactive child support from the date the complaint was filed. If the non-custodial parent does not comply with the order, the child support can be garnished from their wages. Can the Custodial Parent Refuse Visitations if Child Support Is Not Paid? No, visitation rights cannot be denied by the custodial parent or the court solely because child support was not paid. Child custody and child support agreements are separate matters that are not contingent upon each other. Visitation rights must be granted until the child custody and child support agreements are officially modified by the court. Can My Child Support Agreement Be Modified? The custodial or noncustodial parent can request a review and modification of the original child support agreement every 3 years, or more frequently if there is a substantial change in circumstances. Some of the most common reasons to modify a child support order include the following: • Changes in income • Changes in health insurance costs • Changes in daycare costs • A change of the financial needs of the child • A change of custody If you need to modify a court-ordered child support agreement, it is important to consult a qualified and experienced family law attorney in Austin to examine your case, determine your rights, and help speed the legal process.
Related Articles -
family, law, attorney, in, Austin,
| 
