What You Should Know About Child Support After Divorce
To everyone reading this, you are probably having trouble with your marriage and have talked about as well as thought about divorce as the last option. We would like to let you know that you are certainly not alone in this and there is help around the corner. Having children can be the number one reason why many couples choose to stay in their unhappy marriages. However, if you have decided that divorce is probably the best option for you and your family, you might be curious to find out more about the laws regarding child support, child custody as well as alimony. Keep reading this article to find out 9 frequently asked questions about divorce, this information is to educate you on any existing laws and other important information you need to know before proceeding on with the full divorce. If you need more information, be sure to see lawyer’s website.
How will the existing property be divided?
Many people believe that property should be divided fairly and equally between both parties. Depending on where you reside, you will have to take different measures or leave it up to the judge to decide. Typically, consideration is offered and given to when the property was bought, who was the property bought by in regards to both parties, and whether or not both individuals are able to keep the property they owned at the time of marriage, as well as inheritance during their marriage. One thing to note is that properties bought during the time of marriage are called marital property or community property, and they will be divided between both parties according to, but not limited to the outlined factors under the laws.
How is alimony decided?
If you are unfamiliar with the term alimony, you might know it as maintenance or spousal support. Being given alimony depends on whether or not there is a need for it and if so, how much alimony should be delivered to the other party, as well as for how long. Some determining factors of alimony are how long both individuals were previously married and whether it is financially viable on both parties’ end. It might be good to know that some states do not issue alimony to shorter-term marriages such as a 10-year marriage. Alimony comes in different forms including a single lump-sum payment upfront, periodic spread-out payments both definitely and indefinitely. In regards to the amount required, the judge has the final say under the law.
How does child custody work?
During a divorce process that involves children, it is important to make a practical decision based on the best interests of the child/children. In most cases, one parent is granted custody of the children, with the other being allowed and granted visitation rights both supervised and unsupervised. The most important factor to consider here is the welfare of the children and to provide a safe, happy living environment for children whose parents are going through a divorce.
Child rights between spouses
Following along from the point above regarding child custody, the court’s decision surrounding these rights is based on the assumption that it is in the best interest of the child to be in close contact with both parents, even if they live apart. In more serious and complex cases where one parent is considered unfit to take proper care of a child, the judge has the right to deny or limit visitation rights and child rights. In many cases, parents are still allowed to visit their children under supervision.
How and what is child support based on?
If you have filed for divorce and have children from the marriage, child support will present a conundrum. Every state follows different laws but takes into consideration the parents’ ability to meet the needs of the child. A percentage of the parents’ income will be used as child support or the support will come from both parents equally, or based on their income. Health care expenses, child care expenses, and other special needs will all be taken into consideration when determining what child support is based on for both parents.
Is it feasible for no child support to be paid?
In most cases around the world, the court or judge will expect you to apply for child support and be able to pay an amount that is feasible for the other party as well as the child or children involved. You and your partner are allowed to decide on your own terms, however, they do have to be in accordance with the child support guidelines in your place of residence. Your case will be reviewed by the court and will be determined if it is feasible for all individuals including any children that have been accounted for. These amounts may change if financial situations change drastically.
What happens in a situation regarding the death of an ex-spouse?
In some states, judges are allowed to order that the spouse paying alimony or child support take up a life insurance plan in case of an emergency such as the death of one parent.
Can my spouse see my kids without paying child support?
The short answer to this question is yes. Child support and child custody are two completely separate issues, which are determined by different factors altogether. Whether or not one parent is able to support their child financially, they are usually allowed to continue visitation with their kids as absence can cause damaging effects on children. If you are unsure of how to proceed with your case, it is best to speak to a lawyer with your spouse to resolve the issue in the best way possible.
Can I stop child support payments since I do not see my kids?
As mentioned above, these are two different issues that should be tackled individually. Children are entitled to support whether or not you are able to visit them or not. Speaking to a judge or lawyer might be the best option.
If you are currently going through a divorce, custody battle, or child support problems, you are advised to speak to a professional such as a lawyer or a judge.