Clearly, with COVID-19 and significant changes in the global supply chain currently impacting most businesses, everyone has had their job put at risk to some degree. This is the case even in great economic times. A simple restructuring of a company may cause a job loss. In this case, many parents paying child support simply do not know what to do. Willful failure to pay support is a contemptible action in court. This blog explores the best practices to follow when you lose your job and/or otherwise cannot pay child support. The best way to start to address this problem is ...
Tag: child support payments
June 11, 2020CD
There are several people/entities that can bring a case to establish paternity of a child born out of wedlock. Specifically, either parent, the child, a department or county office of family and children, and a prosecuting attorney1. Generally, the county prosecutor can file an action to establish paternity on behalf of the Title IV-D (often referred to a Title Four D) office when there are issues of child support, and/or recouping costs from both parents for prenatal care, and costs of the birth of the child if the mother received state or government assistance with paying those costs up front. The ...
October 7, 2014CD
A recent blog post explored who was the “victim” in cases of unpaid child support, but the means of collection of unpaid child support is another issue that often needs to be addressed in cases of divorce or paternity. Child support amounts are generally ordered by the Court, and take into account the income and expenses of the parties1. Once child support is ordered, the payor (party/parent paying child support to the other parent) may have an income withholding order put in place against their income to automatically deduct payments for child support from his or her paycheck2. In other instances, ...
June 13, 2013CD
Child support payments can be modified throughout a course of litigation, either due to a change in circumstances of the parties1, children becoming emancipated2, or a change in child custody3, to name a few. Often if there is a change in child support, there is a potential overpayment of child support. In some cases, this overpayment may be reimbursed. In others, it may not be. How is it determined whether overpaid child support is reimbursed? It seems that much of it depends on the intent of the parties. For example, if a child became statutorily emancipated at age ...
April 16, 2013CD
When child support is calculated, there are a number of factors that are included or excluded based on certain formulas and rules. For example, and common, in determining the amount of child support paid, parents get credit for subsequent children, health insurance payments for the child(ren), and the number of overnights they have the child(ren). However, there are often many complex mixed fact/legal variables and questions in determining and arising in reaching the proper amount of support to be paid. For example, how do parents include bonuses that are irregular or Social Security benefits that they receive? These variables are explored ...
June 5, 2012CD