Welcome Baby to the World!

Posts made in June, 2016

Making sense of child support: What is it? Under what circumstances/why does someone pay it? Common misconceptions?

Posted by on Jun 29, 2016 in Divorce | 0 comments

Once child custody has been arranged, the judge may determine whether or not one of the parents needs to provide financial support to the primary custodial parent. According to the website of Houston law firm Holmes, Diggs & Sadler, child support is a fixed figure determined by the courts that one party must pay to the other on a set schedule (usually monthly). Child support agreements are legally binding, and repeated failure on the part of the provider to pay on time is a felony.

Child support depends on a variety of factors, namely the income and benefits of the primary custodial parent and his or her demonstrated financial need. When the court decides the cost of supporting a child, they can then determine the financial fitness of each parent to pay their share of the cost. Essentially, if one parent is lacking, the other will pick up the slack.

There are many common misconceptions of child support and the reality of how it is paid, used, and nullified. Here are some of the hard facts:

Custody arrangements don’t play a large part in determining child support. No matter how long or how often a parent sees their child(ren), he or she is still responsible for half of the cost of raising said child.
The child support provider has no legal right to know how their money is used. Child support can be used on things directly related to the child–such as food, clothing, and haircuts–or expenses for the child(ren)’s home–such as rent, utilities, insurance, etc.

Because outstanding child support payments are considered a debt, they can affect credit score ratings. Child support, even more so than credit card debt, must be paid in full at the frequency determined by the court. Besides being a criminal offence, missing child support payments also affects how reliable a parent can appear to financial institution.

However, this particular debt cannot be escaped by filing bankruptcy. Unlike other forms of debt, child support debts cannot be swept under the rug by filing for bankruptcy. Child support is considered a priority debt by the court and, in accordance with Chapter 7 bankruptcy, cannot be eliminated.

Read More