Who has to pay child support?
Liability is imposed upon both parents. Substantially all states have adopted the Uniform Support of Dependents Law. Under that law, "[i]f possessed of sufficient means or able to earn such means, either or both parents shall be required to pay for child support a fair and reasonable sum as the court may determine."
How is child support calculated?
The federal Family Support Act of 1988 requires every state to establish numerical child support guidelines. Every state has "child support guidelines" that applies a percentage to the non-custodial parent's income. It is from this percentage that the child support is calculated.
What income is included in the calculation?
In the vast majority of cases, child support is awarded based on reported wages of the payor, as demonstrated by income tax returns.
What can I do to enforce payment of child support?
There are many enforcement devices available in most states. These include wage garnishments, making a negative report to credit reporting agencies, collecting past-due child support from lottery prizes won by the payor parent, intercepting tax refunds due the payor parent from state and federal income tax authorities, seizure of the non-paying parents property, obtaining a court order directing that the payor parent post cash deposit to secure payment of support, bbtaining a court order placing the defaulting parent on probation, and lastly, usually where other methods have all failed, obtaining a court order sentencing the defaulting parent to serve jail time.
These options sound difficult, if I can't afford an attorney; can I still get help?
Yes, ask the court to put you in touch with the state agency responsible for enforcement. For most custodial parents, if there is any difficulty in collecting support, it is worthwhile applying for support enforcement services at the local child support enforcement agency. It is usually recommended that the custodial parent have the support paid through the support enforcement agency even if no problems are anticipated as most support enforcement services take care of the necessary record -keeping, provide a neutral third party to report to the court concerning any collection problems, send reminders to the payor parent, send out income executions and automatically undertake many of the enforcement methods without cost to the custodial parent in the event the payor parent does not pay support.
Can my former spouse file for bankruptcy to avoid paying child support?
No. The federal bankruptcy code exempts child support and alimony. Even if a former spouse files for, and receives relief from all debts, the child support obligation will not be relieved.
What if my former spouse is missing?
Many states have a parent locator service. Call your state's support enforcement agency and ask about the parent locator service. If they are not able to help you, you can often locate a missing parent if you know what state he or she resides in simply by asking for a search of the motor vehicle records for that state.
Can I still collect child support even if my former spouse lives in a different state?
Yes. All states have passed the Uniform Reciprocal Enforcement of Support Act ("URESA") or a comparable statute. This act provides for interstate collection of child support. This Act sets up the method for enforcement of support orders where the parties live in different states. Essentially, the party seeking enforcement files a petition in his or her home state. That petition is transmitted to the payor parent's home state and he or she is brought into the court of that state and the court enforces support.
Samuel Weiss, Orlando divorce lawyer is available to provide immediate and personal attention to his clients. His personalized approach to each situation assures the client that a difficult and emotional time in their lives will be handled with sensitivity.
