If you’re divorcing and have children under the age of 18, your children are entitled to child support. Child support is often money sent from one parent to the children financially when a marriage ends. However, in specific parenting arrangements, child support may be calculated using a system in which one parent pays the other.
It isn’t easy to opt out of paying child support since the courts have established that it is a kid’s right. A family law attorney may aid you if you have a unique parenting arrangement or need assistance calculating and enforcing child support.
How a Child Support Lawyer Can Assist You
Family law is a field of law that requires empathy and has a significant emotional influence on the legal process. A child’s welfare or an abusive marital connection comes within the child custody division. As a result, a child support lawyer is responsible for guiding clients through critical moments in their life. Here are the pros of having a child support lawyer by your side.
1. Calculating child support income
The value of child support owed is calculated by considering both parties’ income and parenting arrangements, previously known as child custody. Child custody lawyers often depend on pay stubs or income tax returns to calculate one’s yearly income.
However, when one person is self-employed or works for a company, calculating income becomes considerably more difficult. This is why it is critical to have legal counsel to guarantee that the proper amount of child support is calculated to fulfill the financial requirements of the children.
For estate planning purposes, both spouses can agree on the shares of their children, a baton rouge family lawyers can take the lead in the preparation of their will and testament.
2. Ensure Legally Binding Arrangements
Suppose you and your ex are cordial and able to agree on your own about child custody, decision-making duties, child support, spousal support, and any other concerns. In that case, you may put your plans into a separation agreement.
However, each party must get separate legal assistance when executing a separation agreement. As a result, it’s a good idea to have a child custody attorney evaluate the separation agreement before signing it to guarantee it’s legally enforceable.
3. Enforcement in the Event of Non-payment by a Party
If one parent refuses to give support, you have a few alternatives for enforcing the obligation. To begin, get your child support agreements formalized by a court order. A lawyer for child custody may help you prepare an order and get it submitted to the court.
If the other parent continues to ignore their child support duties after the order has been signed and filed, they are regarded as contemptuous of the court order. If the strained spouses are battling for property shares, they should both consult property dispute attorneys to settle their differences.
4. Guide Step-parents
You may be legally compelled to pay child support if you are a step-parent or act in the position of a parent for a kid. In “loco parentis,” Latin for “in the place of a parent,” the courts refer to step-parents or other relatives serving as the children’s guardians. It’s settled that biological parents are obligated to pay child support.
On the other hand, step-parents may be found to have the same responsibility by the courts. A child custody attorney may assist you if you are contemplating divorce and want to know whether you are deemed in loco parentis.
If a spouse dies living properties to both the living spouse and their children, the rights of the children should always be protected. If they are living in Baton Rouge, Louisiana wills and probate laws will apply and govern their rights over the properties and estate.
5. Differentiate Parenting Time and Child Custody
The divorce law changed significantly around parental issues. Notably, parenting time is now referred to as child custody. Child support is computed based on the child’s amount of time in each parent’s care.
Child support is discretionary if the parties have equal custody. When there is shared parenting, parties often settle using the set-off approach.