One of the important issues that must be settled when a couple decides to get a divorce is child support. It is necessary to determine who among the parties has the obligation to pay to the support and maintenance of the children. At the same time, there is also a need to determine as to what extent the liability of the parents are when the matter involved are child support obligations. There are two ways on how this issue may be dealt with by the involved parties – either through extra-judicial or judicial remedy.
For the first type of remedy, the spouses will undergo several negotiations until an agreement or arrangement is reached between the two of them. Even if there is no court intervention in extra-judicial settlements, it is still highly recommended to hire the services of a family lawyer in Waukesha WI. Both parties must be assisted by their legal counsel in all the communications that they will make with each other. The purpose of this is to ensure that they have a full understanding of all the legal effects of their agreements. It is also necessary for the protection and promotion of their rights or interests.
The second way of dealing with the child support issue is through a judicial remedy. This is where one of the parties may seek for the intervention of the court to rule on the child support obligation. Under this remedy, a complaint will be filed by a party against the other spouse. There is a need to aver all the material allegations in the complaint and the presentation of necessary proof to show the existence of a cause of action. The other party is given an opportunity to file an answer within a given period. Upon such filing, the court will now join the issues as provided in the two pleadings and will rule on them based on the evidence to be presented by the claiming and adverse parties.
The amount of child support may be determined based what was agreed by the parties or based on the findings of the court in a particular case. The court will not only consider the combined gross monthly income of the parents but also other circumstances which are present in the case. It must be noted that any child support agreement or court order may be modified upon showing by any party of a change in the situation or circumstances between them.