5 Things You Need to Know About Child Support
The legal work involved when fighting for child support can get messy. You need all the legal help you can get to get the most favorable result. If you’re already working with a child support attorney in Albuquerque, here are some of the basic facts you need to know.
1. Child custody can happen with or without a written agreement.
A child custody that involves a court order or separation agreement is sometimes referred to as a “legal custody.” This is when both parties fight for the custody of the said underage child. A child custody that doesn’t involve any written legal agreement is sometimes called a “de facto custody.”
2. The amount of child support varies.
The Child Support Guidelines dictate the amount of child support. Both birth parents and stepparent have can pay for child support as part of his or her legal right. In fact, a birth parent has the legal duty to support their child even if the union with the co-parent is not legal (unmarried). This means that even if a biological father is not married or has never lived with the child’s mother, he has the legal responsibility to support his child.
3. Determining the amount is dependent on several factors.
Calculating the amount to be paid in child support depend on several factors, including but not limited to self-employment income, salary, tips, commissions, benefits from Social Security, unemployment benefits, annuities, loans, interests, and pensions. A number of time parents have for physical child custody is also taken into consideration.
4. Child support doesn’t end as long as the child remains dependent.
In the U.S., a dependent child is legally defined as an individual aged under 18. Ergo, legal child support usually last until the individual turns 18 years old. There are cases, however, when the legal duty ends earlier. This involves when the child married before he or she turned 18 or in cases when a child aged 16 years old and above choose to withdraw from legal child support.
5. Child support can continue past 18 years of age.
There are also cases when child support continues after the child has turned 18. These cases usually involve offspring with long-term disabilities or illnesses or if the child is still a full-time student. Child support continues during these cases because the child is unable to become independent.
Knowing the facts can help you navigate the tricky legalities of child custody and child support. Working with a seasoned attorney that specializes in child support can be helpful in providing not just legal advice but also assistance on how to move forward.