- ALTERNATIVE DISPUTE RESOLUTION: MEDIATION-ARBITRATION
- CHILD SUPPORT
- CUSTODY OF AND ACCESS TO CHILDREN
- DIVISION OF PROPERTY
- INTERJURISDICTIONAL CUSTODY AND ACCESS DISPUTES AND MOBILITY ISSUES
- MARRIAGE CONTRACTS (PRENUPTIAL AGREEMENTS) AND COHABITATION AGREEMENTS
- MEDIATION SERVICES
- SEPARATION AND DIVORCE
- SPOUSAL SUPPORT
When children are involved in divorce proceedings, parents often have questions and concerns about child support; usually surrounding the amount that will be payable, who will be responsible for making the payments, and for how long. The Federal Child Support Guidelines (also referred to as the Guidelines) were established to provide clarity and certainty regarding the financial support of children. The Guidelines are used to determine who is responsible for support payments, the amount they must pay, and the length of time they must make payments. Typically, support payments are required until children reach the age of majority or until they receive their first post-secondary degree.
There are tables contained within the Guidelines which are used to establish the base amount of child support due to the recipient parent by the payor parent. Typically, the parent that the children live with majority of the time is the recipient parent. Child support payments are not tax deductible for the payor or included as taxable income for the recipient. The recipient’s income is not generally relevant in terms of child support.
In addition to the basic monthly child support payments, the payor could also be responsible for special and extraordinary expenses as established by Section 7 of the Guidelines. The special and extraordinary expenses could potentially include post-secondary education expenses, daycare, and uninsured medical and dental expenses.
Because of the complexities which often arise in family law, using the Guidelines to establish child support is not always a matter of simply looking up the income amounts in the tables. Understanding the intricacies of family law requires professional assistance, and the seasoned lawyers at Kain and Ball Family Law Lawyers are here to help you.
Determining the payor parent’s actual income is an issue that comes up frequently when dealing with the issue of child support. In certain cases, a payor’s income could include other forms of income, besides what is reported on Line 150 of their tax return, such as benefits, bonds, bonuses, and expenses accounts. For instance, Self-employed payors’ incomes can be adjusted if they personally benefit by having their business pay certain expenses.
There are situations the payor may legally be entitled to a reduction in child support, allowing the payor to depart from the table support amounts set out in the Guidelines. In cases where the children live with the payor parent for more than forty percent of the time it may possible to adjust the amount of support payable. Depending on the circumstances, the payor may be able to make an argument for a reduction in the amount of child support he or she owes.
The qualified family law lawyers at Kain and Ball have helped numerous clients with their child support issues, including those where there are special circumstances and other exceptions. Our law firm provides the support you require to ensure the best child support arrangement for you and your family.
To schedule a free consultation appointment with one of our qualified child support family law lawyers email us at email@example.com or contact us at 1-855-773-4588.