Child support is a very important issue during divorce proceedings in which children are involved. By the time child support is factored in, some kind of custody agreement has been reached. One parent is going to be the custodial parent and the other is not and it is the parent the child does not live with who will pay child support to the parent with physical custody so that that parent can adequately provide for the child.
How Child Support Is Calculated
There are a number of factors that go into how child support is calculated and your Woodbury family law attorney will review these factors with you. Here are some of the factors that are considered:
- How many children need support
- The amount of parenting time the non-custodial parent has with the children
- The child’s standard of living before the parents separated
- The ability of the paying parent to pay
- The needs of the custodial parent and their income
- Educational costs, medical expenses, and day care expenses of the children.
The guidelines that are in place help judges determine the amount of support that should be awarded and the guidelines are usually not deviated from unless there is good reason. A good reason would be having a child that has expenses that are higher than average. Nonetheless, the amount cannot go higher than what the payer can afford because the payer has to be able to support him or herself as well.
Modification Of Child Support
There are certain circumstances in which child support may be modified. The simplest way for a modification to take place is for both parents to agree to it. Even if parents agree, the court still has to approve it for it to be enforceable. However, there are many cases in which there is no such agreement and a Woodbury divorce lawyer is needed to assist you in your case. Whether you are opposing a modification or you are the one requesting it, you need legal counsel to guide you through the process.
As for when a modification may be warranted, a change in circumstance is the most common reason. Perhaps the payer has experienced a pay cut or the payee has incurred new child-related expenses that make the existing amount not enough. Even a cost of living increase can warrant an increase in the amount of child support that is paid. In many cases, periodic increases do occur so that repeated court appearances are not needed every time the cost of living increases.
Contact A Woodbury Divorce Lawyer
When going through a divorce and children are involved, the best interest of the children are top concern. When it comes to the child support phase of divorce proceedings, it is important to ensure the children are taken care of by providing the support needed to maintain their standard of living. To receive help with your divorce, including child custody and child support, call us at (952) 898-6834 or fill out the contact form to schedule your free initial consultation and let us tell you about what we can do for you to make the divorce process as smooth as possible.