By Keith Lea -
When an individual is seeking child support they are doing the right thing by making sure that their child will be cared for financially. While the cost of living has gone up, the economy has taken a downturn that has affected many individuals. The cost of raising a child can be expensive, especially if the responsibility falls on one person. Child support is an obligation that should not be seen as a punishment.
Usually, the parent who does not have primary custody of the child will be ordered to pay. The amount that they are ordered to pay will vary from state to state, but the amount to be paid is usually based on the parent’s income, the needs of the child, the parent’s ability to pay support and the amount of access the parent has to the child.
The court does however have the discretion to order additional support over and above the guideline child support if the child or children have special needs such as medical issues or special extracurricular activities. The court will also usually require that the parent ordered to pay to also provide medical insurance so that the health of the child will be maintained.
In some cases a trust or annuity can be set up in regards to the support obligation. This can happen if one parent has concerns about the other using the child support payment in the best interests of the child. The court can order that a portion of the payment be put in a trust or annuity if they feel that it is in the best interests of the child. In the instance of an annuity, the fund will be paid out on a fixed schedule over time and will guarantee a certain amount of income over that period of time. A trust is a fund that is also paid out over time, however, the court will appoint a trustee who will make payments at certain times or make payments as necessary for the health, education, maintenance and support of the child.
An order for support payments generally lasts until the child is 18 years of age and graduates from highs school. However, there are instances that can shorten or lengthen the period in which support must be paid. For instance if a child is disabled before their 18th birthday, the order to pay may extend into their adulthood. Additionally, if the child is of a certain age and self supporting or married the length of the child support order may be shortened.
Usually a wage withholding order is provided to the employer of the person ordered to pay support. Each pay period the ordered amount will be deducted from the parent’s salary amount and then disbursed by the respective states child support division.
Individuals who fail to pay the court ordered amount can be prosecuted and sent to jail. If an individual’s ability to pay for the needs of the child changes, they may request a modification to the original order. Filing for bankruptcy will not discharge an individual’s responsibility to pay child support.
The court proceedings involving a child support case can be complicated and stressful and the circumstances surrounding a support case aren’t always the most pleasant. An experienced family law attorney can help you make the best of the situation and find the solutions that work for everyone involved.
Keith Lea is a Houston child support attorney who has provided legal counsel for individuals seeking a child support order to provide for their child or children. Keith Lea strives to provide solutions that will protect the best interests of the involved children in a court ordered support matter. As a family law attorney he understands the difficulties that can arise when dealing with a case involving support for a child. For more information please visit our website: Houston child support attorney
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