If you’re in a divorce proceeding and have children below 18, the children have the right to child support. One parent usually gives it to the child financially after the marriage ends. In specific parenting arrangements, child care may be calculated using a method that allows one parent to pay the other.
It isn’t possible to disqualify yourself from paying child support since the courts have determined it’s a child’s right. A family law attorney may assist you if you have a unique parenting arrangement or need help in calculating and enforcing child support.
How a Child Support Lawyer Can Help You
Family law is one area that requires compassion and has a sizable emotional influence on the legal procedure. A child’s welfare of the abusive relationship between a couple comes within the child custody division. As a result, a child support lawyer is charged with guiding clients through crucial times in their lives. These are the advantages of having a lawyer for child support by your side.
1. Calculating child support income
The value of child support that is owed is calculated by considering both parties’ earnings and parental arrangements, formerly known as child custody. Child custody lawyers often depend on payslips or tax returns to determine one’s yearly income.
But, calculating income is much more complicated when a person is self-employed or works as a part of a firm. This is why it is essential to consult with a lawyer to ensure that the right amount of child support is calculated to meet the children’s financial needs.
2. Ensure That Arrangements Are Legally Binding
Suppose you and your spouse are friends and able to agree on your own on child custody, the decision-making process, child support, the spousal support, as well as any other issues. In that case, you can put your ideas into a separation agreement.
But each of the parties must have their legal counsel when signing a separation contract. Therefore, it’s best to consult with custody lawyers in Baton Rouge to evaluate the separation agreement before signing it to ensure that it’s legally valid.
3. Enforcement in the Event of Non-payment by a Party
If one parent is unwilling to pay support, you’ve got some options to enforce the obligation. First, get the child support agreements in writing by a court order. A child custody lawyer could assist you in writing order and then get it filed with the court. If the other does not pay their child support duties after the order is signed and filed, it is deemed contemptuous of the court order.
Conviction in a criminal offense is not a ground to deny child support. So long as the parent is able, he should continue supporting their children. Suppose the parent is charged with murder, a Baton Rouge murder defense lawyer is in charge of the litigation. It is to be considered a totally separate and different proceeding than that of the child support case.
4. Guide Step-parents
You could be legally required for child maintenance if you are an involved step-parent or take on the role of a parent to the child. In “loco parentis,” Latin for “in the position of a parent,” the courts refer to step-parents or other relatives who serve as guardians for children. It’s a fact that biological parents are obligated to provide child support.
However, the step-parents might be considered in the same position in the eyes of the courts. An attorney for child custody can help you if you’re contemplating divorce and want to determine if you’re deemed in the loco parentis.
5. Differentiate Parenting Time and Child Custody
The divorce law was changed drastically regarding parental rights. Notably, parenting time is now known as child custody. Child support is calculated by the amount of time spent in each parent’s custody.
Child support can be a discretionary matter if the parties have equal custody. When shared parenting occurs, parties typically settle their disputes using the method of set-off.
With the advancement of technology, and the availability of social media, a cyberstalking and cyberbullying attorney can be in charge of litigation. The aggrieved party cannot in any way harass the other party. It can also be a ground for the denial of parenting time and child custody if proven.