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Child Support Regulations and Laws

Date Added: June 23, 2010 01:31:21 AM
Author: elkla89
Category: Health: Public Health and Safety

Both parents are obliged by law to support their child in accordance with their ability to do so. As a rule, jurisdictions have child maintenance guidelines in effect, which provide a formula for calculating child support based on a proportion of each parent's gross income. Such issues are seldom a concern for the court during a committed relationship. But when parents end their marriage or live separately from their children, a non-custodial parent is obliged to pay child maintenance to a custodial parent. Like the issue of custody, this can be reached by agreement or by arguing over it in front of a judge. Like alimony, child maintenance payments, may be included into the divorce judgment or may be decided on in a marital separation agreement. This arguable issue can be avoided, provided that both the mother and the father determine the proper sum of child support and make this agreement part of a marital separation agreement. Parents' other legal duties will also be considered in deciding on child maintenance. For instance, if a parent is paying child support from a previous relationship, the court will take that duty into consideration. Life necessities, including food and rent will also be taken into account by the judge. However, child support payments will not be decreased to make it easier for the parent to pay discretionary obligations. For example, a parent cannot provide for a charity or purchase a high-priced vehicle at the expense of financially supporting his or her own children. Unlike alimony, payments of child support cannot be deducted from the payer's income taxes. For the court to decide on the appropriate sum of child support, both parents are to complete a financial declaration. Each parent will be required to completely disclose their income, property holdings, including checking accounts, investments and real property and their financial obligations. The court will rely heavily on these documents in making the order and, thus, it is in the best interests of the children that the declarations be filled in fully and honestly. Parents who deliberately avoid paying child support can be punished.
 
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