Child support is one of the most complex issues during a divorce. While a marriage has ended, the spouses must still parent their children and provide for their needs. Many parents pay child support every month, but there’s often misunderstanding and confusion about the obligation. In this guide are the truths behind some of the most common child support myths.
The Father Always Pays Child Support
This myth is reinforced by movies and televisions shows that depict a husband leaving his wife and kids without the financial support they need. The assumption that the kids always stay with their mother is outdated, as many fathers fight for full custody. In some divorces, the mother is the one paying child support, and state law does not give preference to either parent in matters of custody.
There’s No Limit on the Support Amount
If a person has never been through a divorce, they may wonder how child support is calculated. Most jurisdictions use the parents’ combined monthly net income and the number and ages of children to determine the amount of support to be paid. Judges typically do not deviate from the state formula without clear reasons, and in most cases, a Family Lawyer in Charlotte must present evidence to form a factual and legal basis for a deviation.
Child and Spousal Support are Related
Because both payments are made to former spouses, child and spousal support are often grouped together. However, there are numerous differences between the two, and one doesn’t affect the other. Child support can be ordered even if the parents were never married, but alimony or spousal support can only be awarded where a legal union existed.
Child Support Orders Can’t be Changed
Many believe that once a support order is issued, it can’t be changed, but there’s a legal modification process. Child support is based on parental income, and if the paying parent’s income substantially changes, he or she can hire a Family Lawyer in Charlotte and ask for a modification.
These myths are just some of the most common misconceptions about divorce and child support. While family and friends may mean well, it’s best to go to the professionals for legal advice. Consult a divorce lawyer to find out the truth about divorce.