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There are over two million weddings each year in America. Nearly half of them end in divorce, making dissolution of marriage cases quite common in family courts. Though each is different and unique, cases that involve children are more complicated, since one parent typically files for custody. Once custody has been awarded, the non-custodial parent is generally asked to pay child support to shoulder some of the financial burden of raising their child or children. How is it calculated? The amount a non-custodial parent may be ordered to pay on a weekly or monthly basis is determined by his/her paycheck and the needs of the child or children. Both parties may be asked to produce pay stubs and proof of major monthly expenses, such a rent, food, clothing, medical costs, education, and child care. The judge will listen to both sides before he/she decides how much the parent who does not have custody has to pay to support the child or children. Age limits vary by states, but in most cases, the non-custodial parent may be expected to remit child support until the child reaches the legal age of 21. What if they don’t pay? As hard as it is to believe, there are millions parents who cannot or simply refuse to pay child support. According to the United States Census Bureau, only about 42 percent of custodial mothers received all of the money they are legally entitled to under the law. The numbers are similar for custodial fathers that were awarded custody and child support. If a parent fails to meet his/her financial obligations, the custodial parent has the legal right to take them to court. How a child support attorney can help Like any legal process, there are procedures that must be followed. The first step is to have your child support attorney complete and file a Violation Petition in Family Court. A hearing will then be scheduled to determine if a violation occurs and, if so, what to do next. As a general rule, the court does not look kindly on “deadbeat” parents who refuse to share the costs of raising their kids with their ex-spouses. A judge may order any one of or a combination of the following: · A lump-sum payment that must be remitted immediately · Suspension of the deadbeat parents driver’s, commercial, or business license until the child support attorney informs the court that the non-custodial parent is no longer in arrears · Wage garnishment, i.e. taking money directly from the parent’s paycheck until he/she has paid what they owe · Incarceration for up to six months The last and clearly most extreme measure may be taken when a non-custodial parent has the funds to pay what he/she owes in child support but refuses out of spite or antipathy toward their ex-spouse. It is a rare order, but a judge is well within his/her right to punish a parent who hurts his/her children out of enmity. Because these cases seldom are often clear-cut, a child support attorney shouldn’t charge an arm and a leg to recover the money you are owed. Family law or divorce lawyers are the attorneys who are best qualified to pursue these cases. It’s a sad fact of life that marriages break up, but it’s even sadder when one parent refuses to pay child support to help take care of his/her kids. The Law Firm of Evan H. Baron and Associates can help you recover all of the money you are owed in short order. To speak with a child support attorney or a Weston divorce lawyer today, please visit us at http://www.divorcebroward.com.
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