How Does Child Support Work?
When it comes to child support cases, there is a need to comply with the requirements provided under the law. One of which is the filing of a financial affidavit which must be made by the plaintiff.
Upon filing the complaint for divorce, the party who wants to be awarded child support must include an affidavit to back up his or her prayer. At the same time, a separate petition or action for child support may be made depending on what a particular party prefers.
These type of cases are quite complicated and require full attention from the plaintiff or the person claiming the child support. Because of this, there is a need to talk to a lawyer who can assist the party in every step of the way. If you are the person who wants to make the other spouse liable for the payment of the fees to answer the support and maintenance of your son or daughter, make sure that you know how to timely file for your action. It must be noted that any claim for child support payments must be raised before the issuance of a final decree of divorce. Otherwise, said claim is deemed waived and will constitute a bar to filing any future action concerning the same subject matter.
The parties in a child support case need to provide certain documents which would show their respective gross income for a particular month or year. The financial affidavit must contain the expenses that a particular parent usually spends for a given period. These things will be examined by the judge hearing the case in order to come up with a sound discretion. In deciding the case, the judge must look at the child support guidelines and apply the “best interest of the child” rule. This is to ensure that the rights and interests of each child is protected especially that the parents have decided to get a divorce.
In all these legal processes, there is a need to have constant communication with a family lawyer. Take note that he or she is the only person who is best equipped to handle the case for child support. Consider yourself lucky if you are able to hire the services of the best attorney in town. By doing such, there is a higher chance that you will win the case and be awarded child support. Aside from the filing of necessary documents in court, you must also prepare some evidence to convince the court that your ex-wife or ex-husband should be the one made liable for the child support payments.
To estimate child support payments, please use our online calculator.
References: Child Support Case
Child Support Articles & Frequent Questions
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