How is child support defined in a divorce?
Child support is often written into the divorce decree, or the child custody and visitation order. To explore this concept, consider the following child support definition. Noun Court-ordered payments made by one parent to the other for the support of the couple’s minor children.
When does a court order for child support?
At the time of separation or divorce, when a custody and visitation order is made, the court will also make an order for child support. A child support order may be requested at other times, however, as the parents need never have been married or lived together.
How is child support prorated in a divorce?
The presumptive child support obligation is prorated between each parent based on his or her proportionate share of total income. The noncustodial parent’s share is payable as child support, while the custodial parent’s obligation is retained and presumed to be spent directly on the child.
What happens if you fail to pay child support?
Child support is one of the most hotly disputed aspects of divorce proceedings. Failing to follow the provisions of a child support order, or failing to make scheduled payments may be considered contempt of court, and holds serious legal consequences. For example, a civil or criminal warrant may be issued for the parent’s arrest.
How is child support paid in a divorce?
These payments become a legal and binding agreement that can either be paid directly from one parent to another, as part of a wage garnishment or through arrangements made with a state child support agency. Each state has its own set of guidelines, but all use a pre-determined formula of some sort to help define the amount to be paid.
Can a divorce decree say no child support?
If you are out of state, no child support may be acceptable to a court as a valid deviation. However, if not, you definitely have a duty to pay support (at least $100.00/month).
When is child support ordered by a court?
Child Support may be ordered by the court in several different types of cases, including Paternity, Domestic Violence, Temporary Custody, Dissolution of Marriage and Child Support. Once child support is ordered, the Judge may direct the obligor to pay the obligee directly or payments can be made through an income withholding order.
When to extrapolate basic child support obligation amounts?
For combined monthly gross income amounts falling between amounts shown in the schedule, basic child support obligation amounts shall be extrapolated.