When a divorce or separation occurs between parents, the court’s primary concern is often the welfare of the children. Once the issue of which parent is granted custody of the children has been resolved, the issue of child support must be tackled. Whilst it is possible for parents to come to an agreement regarding financial support themselves, this is not always possible and will require the assistance of family law lawyers to ensure that an appropriate decision is reached. It’s not just a matter of saving money here and ensuring the child gets his rights. Money can’t buy a child’s peace of mind after a divorce. But at least it can become a safety net if or when financial problems might turn out for the child.
Even if both parents are happy to reach an amicable solution in regards to child support, it can often by handy to have a lawyer’s assistance, as determining the amount paid actually depends on some complex formulas. These formulas look at a number of considerations, such as which parent has been granted custody and which parent has the highest income level. If one of the parents is self-employed, this can make determining the appropriate support payments even more complicated.
At the end of the day, the lawyer will argue for their client’s best interests – when representing the custodial parent and the children, they will work to ensure that the payments are of a fair amount; when representing the non-custodial parent, they will work to ensure that the payment is fair and affordable. The lawyer is also responsible for filing requests for any modifications to these payments if the parent’s circumstances change (such as losing their job or receiving a promotion) so that payments can be made.
Once the parents have reached an agreement regarding the amount of child support paid, the custodial parent will be relying on these payments to be made on time and in full every month. If these payments are continuously made late or are much less than has been ordered, the custodial parent will need to contact their lawyer and have them file a motion with the court. They can arrange to have payments started back up again and can even arrange for back payments to be made for what is owed.
There are some cases where the court will work to avoid these problems by setting up a system whereby child support is automatically taken from the non-custodial parent’s paycheck. This will ensure that payments are made on time every month. If the non-custodial parent still manages to renege on the support, the lawyer can use other measures to ensure that payments to their client continue, such as seizing assets (such as property) and withholding the owed amount from tax refunds.
Unfortunately, child support is often a complex issue in divorce and separation proceedings, especially when neither parent is able to come to any sort of agreements regarding the payments. With the help of a reputable family law lawyer, however, you can ensure that you receive a fair amount of money to help you raise your children or that you are only required to pay an affordable amount of support. A lawyer will also be able to assist you if this support fails to come through for an extended period.
For more information you can visit mst.com.au and learn how Lawyers can help you and your family to go through a peaceful divorce.