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The payment by one parent, usually the non-custodial parent, to the other parent for the support of their common child is known as child support. Although it's in the best interest of a child for both parents to be obligated to pay for the support of their child, monetary constraints sometimes make a parent reluctant to pay. With legal help, child support transfers the money from one parent to the other so that the combined money of both parents is available to provide for the needs of the child.
If you are having trouble receiving child support, legal help is available. A court can order a "support order" to a parent to pay child support. The support order is generally paid on a monthly basis. The enforcement of a support order can differ from the enforcement of money judgment, since the support order is continuing in nature. There is no concern about having to enforce future payments with a money judgment because it is generally paid only once. Failure to pay a money judgment is generally not in contempt of a court order, however, failure to pay a support order can result in the judgment debtor being in contempt of a court order. Being in contempt of court to pay a support order can result in the imposition of a criminal sentence, and the debtor could be sent to prison.
If one parent does not cooperate in sharing the responsibility for child support, legal help should be obtained and documentation submitted to a court. In the first step of legal help a child support order for the payment of child support should be obtained. Further action in the court for the purpose of collecting child support can be taken if the obligor parent fails to comply with the court order for payment of child support. Like other enforcement of judgments, solutions range from simple to complex.
With legal help, child support payments that are not voluntarily made can be collected through a wage assignment order. A wage assignment order directs the employer to deduct the child support payment from the earnings of an employee-obligor parent and then make this payment directly to the other parent. Violation of a wage assignment order could result in the employer becoming responsible for such payment to the custodial parent. Wage assignment orders can be obtained through a relatively simple court procedure simplified with legal help.
When the obligor parent continually fails to make support payments, the total amount of the payments due and owing but not yet paid can be set as a judgment for further enforcement proceedings. Interest on these amounts is often included as part of the judgment, since many states provide for interest to accrue on outstanding orders for support. The expense of an enforcement action to collect a judgment is justified as the amount due increases. When the obligor parent has income or property, there is financial incentive to pursue enforcement efforts and, with the assistance of legal help, child support well worth the effort and expense.
With legal help, child support can also be collected through other procedures. Any assets of the obligor can be acquired by an attachment or levy. When executing a levy or attachment, care must be taken since some property is exempt. In a levy or attachment proceeding, the court can have the property of the obligor parent "seized" or taken away and given to the custodial parent. Although an obligor parent may challenge the levy or attachment in court by claiming exemption, it can be very effective in obtaining payment of a child support judgment. Strict adherence to the established rules for levy and attachment is required to protect a custodial parent from an allegation theft of property.
By acquiring legal help child support issues can be decreased to a minimum. Having someone who knows the ins and outs of child support litigation can reduce the stress on your end of the table. Legal help can go a long way with their endless resources of child support knowledge.
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Issues Regarding Child Custody
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.