| There are three areas of
family law that cause particular difficulties in a high
number of cases: spousal support, child custody , and
child support. Child support is calculated through a
state mandated child support formula. This formula has
been incorporated into various computer programs. The
calculation of support is primarily calculated by the
following factors:
- The parties' gross incomes
- The number of children
- The percentage of timeshare (percentage of time
in physical custody of the child)
A number of other factors are entered to arrive accurately
at the proper child support figure, but the above factors
generally have the greatest impact on the final amount.
Child support isn’t exclusive to divorce, and there
are other family situations where the court may order
child support, such as during:
- Paternity suits, where parentage is determined
- Legal separation, not involving divorce
- Domestic violence, resulting in a restraining order
against the parent
Special problems arise when child support isn’t being paid. A
custodial parent can seek assistance from the local District Attorney’s
office, and the District Attorney will collect child support for the parent.
The District Attorney may also collect child support to reimburse welfare
agencies that are providing assistance when child support isn’t being paid.
Contempt actions can be brought against the parent who is neglecting child support,
resulting in penalties for noncompliance with the court.
Unpaid Child support continues to accrue. Money owed for child support is
generally non-dischargeable in bankruptcy and accumulates interest at the maximum
legal rate. People owing child support payments can lose their drivers license,
professional licenses, and have their wages and tax returns garnished. Additionally,
the delinquent payments and money owed can be reported to various credit reporting
agencies. In more extreme cases, police task forces seek out and post pictures of
"deadbeat dads" in local post offices in an effort to apprehend the debtor. These
issues will not resolve themselves and must be confronted as quickly as possible
to minimize escalation resulting in possible criminal convictions, jail sentences,
and sanctions.
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