A divorce is a difficult experience no matter the circumstances, but it's especially hard if children are involved. One of the most contentious aspects of divorces involving children is child support. The following article looks at some key issues pertaining to this important legal topic.
Overdue Payments
Child support payments are legal obligations ordered by the court, so when someone owes back payments they are in violation of a court order. The law has a variety of means to ensure that custodial parents receive their child support payments when the non-custodial parent is in arrears.
If the non-custodial parent is collecting unemployment benefits, then the government can collect money from their unemployment payments to address their child support debt. The government can also deduct child support debts from an individual's state and federal tax returns. In addition to deducting back child support payments from unemployment benefits and tax returns, certain states punish a person who owes child support by suspending their driver's license until the child support is paid.
Agreement
Parents can potentially avoid a court fight over child support by coming to an agreement between themselves outside of court. One possibility is to use mediation, where a professional mediator works with the opposing parties to come to a mutually agreeable settlement.
Even though this procedure is done outside of a courtroom, the presiding judge must approve of the agreement for it to become legally binding. Also, the agreement must be consistent with your state's child support guidelines. As long as the guidelines are followed and the parties voluntarily consent to the plan, judges will typically approve these types of agreements.
Modification
It's possible to modify an existing child support order as long as there is a good reason for doing so and the family court judge approves. Either the parent paying support or the one receiving it has the right to petition the court for a change in the terms of the order. For example, a parent who is paying support might ask for a modification because they have lost a job or their wages have been reduced. On the other hand, a parent getting child support might want a modification if the other parent has a large increase in their income.
Another point regarding modification is that the parents can agree to a modification among themselves. Like the original child support agreements discussed above, however, any modification agreement must be approved by the court.
For more information, contact a firm like The Ritchie Law Group.
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