Virtually every adult in the United States has heard about child support and knows what it is and when it is paid. However, very few people know all of the intricacies involved with receiving child support--unless, of course, they're already receiving it themselves. If you have just gotten divorced or have been separated from your partner, you may find yourself with a lot of questions regarding your rights to child support.
This article will introduce you to some common questions regarding child support, and how these situations are commonly handled. However, if you need help to ensure that you are receiving the child support you deserve, then you should speak to a child support lawyer in Bremen, GA.
How Is It Calculated?
Every state has a different way of calculating the amount of child support that is due to a child's custodial parent. In Georgia, the amount due is calculated using the non-custodial parent's gross monthly income, as well as the number of children that they owe child support for. Also factored into the calculations are the cost of the family's group health insurance and who pays for that insurance. So, if the non-custodial parent is paying for the children's health insurance, this can reduce the amount that they owe in child support.
A child support lawyer will be able to run all the numbers for you and give you an estimate of what you will be able to expect in child support each month. However, these numbers are not guaranteed until they are finalized in court.
What If They Don't Pay?
If your ex refuses to pay child support, you may feel like you're at a complete loss. However, there are avenues of action that you can take in order to get the amount that you are owed. The first step is usually to speak to a child support lawyer. They will know all of the laws in your area and will be able to help you take the right steps to collect your child support.
Typically, you can file a suit against the non-custodial parent and sue for your child support. If the case goes in your favor (as it most often does), then your ex will be ordered by the court to pay the amount due. If they refuse, their wages can be garnished to ensure you receive what they owe you. If they don't receive regular paychecks, then they could even be arrested for not paying child support.
What about Bankruptcy?
If you know your ex is in a bad financial spot, you may be wondering how you'll get child support if they declare bankruptcy. After all, a bankruptcy wipes out all of their debt, right? While this may be true, it does not apply to debt from child support. Even if the child's non-custodial parent declares bankruptcy, they will still owe you the same amount in child support every month.
How Does It Work with Joint Custody?
Many divorced couples share joint custody of their children. If this is the case, you may be uncertain whether or not you even qualify for child support. This will depend on how much time the child spends with you, and what the difference in income is between you and your ex. For example, if you share equal custody of your child, but you make minimum wage while your ex has a six-figure salary, they will owe you child support to help pay for the child's day-to-day expenses. If the child spends the majority of their time with you, and only a few days a month with your ex, then they will owe you more child support, since you shoulder the bulk of the child's living expenses.
If you want to learn more about whether or not you qualify for child support, and how much you can expect to receive, speak to a child support lawyer in Bremen, GA.
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