Child support law deals with the legal obligation of non-custodial parents to contribute financially to the rearing of their children. These laws are enacted at the state level. ... The obligation to pay child support is considered to be independent of any other rights or responsibilities of the non-custodial parent.
While the custodial parent often receives the child support payment, it should not be used for their personal expenses that are unrelated to their children. Misuse of funds includes things like clothing, salon services, or entertainment and vacations that don't involve the child.
We work out each parent's income percentage by dividing each income by the combined total. ... We subtract the cost percentage from the income percentage for each parent. We call this the child support percentage. The result will determine if a parent pays or gets child support.
Child support payments provide an avenue to ensure that children are supported financially, no matter the outcome of their parents' divorce. ... When courts consider a child support arrangement for a family, they will consider factors like each parent's income and how parenting time will be shared.
The Child Support Recovery Act of 1992 makes it a federal crime for a parent to refuse to pay child support to a parent living in another state. Congress also passed the Deadbeat Parents Punishment Act of 1998, making it a felony for a parent to refuse to pay child support to a parent living in another state.
The biggest factor in calculating child support is how much the parents earn. Some states consider both parents' income, but others consider only the income of the noncustodial parent. In most states, the percentage of time that each parent spends with the children is another important factor.
The administrative powers discussed here are the powers to gather information, to garnishee wages, tax refunds, Centrelink payments, and monies owed to liable parents by third parties, as well as the power to offset debts between parents.
Here are all the reasons this is unfair to dads: Child support is built on the presumption that one parent (mothers) care for the children while another (father) pays for them. This shoehorns men and women into sexist roles, with men forced to be the breadwinner.
The income of the receiving parent's new partner is not relevant to the decision making process even though the reality often is that this partner is also substantially supporting the receiving parent and any child support children.
Liability order from a court
CMS can take you to court over unpaid child maintenance. They can apply for a court order to take legal action. This is a 'liability order'. If the court grants the order, CMS can then legal action against you.
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