What You Need To Know When Hiring A Support Lawyer
In the state of Florida, both parents are obliged to support any kids they have before and after the divorce. A child has basic needs such as shelter, food, and clothing. It can be tough on children caught in the middle of a divorce. The situations that sometimes arise are choices over what school they will continue to attend, who gets them during the summer, and even what state they will live in if a parent moves. A child support attorney can enforce the payments if a parent is late or refuses to pay. There are many factors on who gets custody or if the judge awards joint custody. If a parent receives sole custody, then the other will be granted visitation rights. The family court will consider the rights of both parents as well as the wellbeing of the children involved.
The attorney will know the laws of the area that the child resides. If the children are already established in school then the judge may grant joint custody. This allows the children to stay in one area for the school term and maybe spend the summer with the other parent if they reside in another state or city. It is not wise to have kids enroll in different schools throughout the year. The law requires minors to have rights regardless of the divorce. They need to stay in one environment that is constant. Too much moving around means adjusting to a new setting. This means they will not learn as much and their grades will fall. The judge will most likely require the children to live with the parent where their school is located.
If a non-custodial parent does not pay, fines and jail time can be a consequence. As mentioned above, Florida child laws state that the income shares are based on net income. Other added fees include healthcare. When the child is eighteen or nineteen upon graduating high school, the child support will stop. Illinois guidelines are statuary, it is based on a flat rate of your income. Georgia is based on the income model of calculated gross income, with extra expenses on being a deviation factor. Each state varies and your attorney will know what is needed depending on the state you reside in.
One question usually asked is which parent usually receives sole custody of a child. The child support attorney may answer that usually the mother in the majority of cases receives sole custody. The judge looks at each parent equally in deciding custody. The mother usually received custody because they were the maternal, caring parent. Especially if the child is a young infant. But in the present time with same-sex legal marriage, laws include modern custody specifications where the state no longer favors one parent over the other. Fathers usually expect the mother to have sole custody and end up on child support. Fathers can petition to have sole custody of the kids if they want to. An attorney can help determine the outcomes of who will receive the child.
There is an almost complex formula to how a judge determines child support. Daycare costs, health insurance premiums for the child and parent and the net income of each parent will be presented to the judge. The amounts of nights spend with each parent are also calculated into the equation. If the parents who have less time with the child (about 73 nights) per year, then the amount of time sharing will be recalculated in the child support. Retroactive child support may be paid in a lump sum or in payment installations. Retroactive child support is when a non-custodial parent does not pay.
The process on the child of going back and forth between parents can be challenging. A lot of divorced couples prefer joint custody when it comes to their children. When watching television shows, you see the dynamics of the estranged parents working together to raise their kids in different households. As mentioned above, adjusting can be difficult for the kids going back and forth between parents. Joint custody allows parents to still work together and be involved in a child’s life. Both parents have a say in their religious upbringing, school, and activities. The judge will make the final decision on what’s best for the child.
Not paying child support hurts the children involved because they do not get the three basic needs in order for them to live a comfortable life. There can be modifications in child support if certain circumstances come up. Certain things include a parent losing their job, the child stops attending daycare, the parent’s income increasing (over 15%), a disability in the parent, and even the increase in the cost of the child’s daycare or healthcare. If both parents are not sharing the correct time within custody, there may be a modification if the judge allows. A child support attorney will be able to tell you when payments are eligible to be modified.
When hiring an attorney, they will need to know every detail of your situation. They have to determine if child support will even be granted depending on the situation. The law states that your children have rights, so if you are the non-custodial parent, then you will have to pay child support. Different issues arise such as a parent only being paid in cash, self-employed, and even parents whose income fluctuates. Take the time to sit with an attorney to see what can be done. Consider the different options when discussing child support. Sometimes a litigation lawyer or a mitigation lawyer in terms of child support would work better. Hiring a lawyer will save you time in getting out the wrinkles of the process. The first meeting will discuss the terms and fees of the attorney. They will discuss the possible outcomes of what your goal may be at the end of the process. The child support stands on whether the parents were legally married before the divorce as well. The attorney will clarify any concerns and questions you may have.