How Can You Avoid Child Support Litigation During A Divorce?
Going through a divorce can be tricky, especially if children are involved. But, by being aware of what child support is, when the court can become involved in matters that pertain to child support, and speaking with a child support lawyer, avoiding a legal battle is easy.
What Is Child Support?
Child support is a monthly sum that a noncustodial parent must pay to the custodial parent. The purpose of child support is to ensure that a child’s basic needs are met.
In finalizing a divorce, it is likely that a noncustodial parent will be ordered to pay a monthly child support sum to the custodial parent. But, the exact sum of money that this parent will be ordered to pay is dependent on a variety of factors.
No matter the sum of money a noncustodial parent is ordered to pay, the custodial parent must use this money for items such as the following:
- The child’s food.
- The child’s clothing.
- The child’s shelter.
- The child’s education.
- The child’s health care.
The court will not audit a custodial parent’s use of the child support sum that they are receiving. But, with that being said, the items outlined above, and any others that pertain to a child’s welfare, are what child support is meant to be used for.
When Does The Court Get Involved?
The court assesses a variety of factors to determine this sum. Some of the factors that the court considers are as follows:
- The amount of money both parents make.
- The cost of work-related child care expenses.
- The cost of the child’s health insurance.
- The cost of any significant medical expenses.
Each one of these factors is fed into the Child Support Guidelines that govern child support in the state of Maryland. Right after each one of those factors has been fed into this formula, a child support sum will have been decided upon.
How Can You Avoid Child Support Litigation During A Divorce?
Sometimes, throughout the divorce process, one parent wishes to pay less in child support or, alternatively, to receive more in child support.
A failure to come to a reasonable agreement can lead to one parent turning child support into a contested issue that leads to litigation.
Even though litigation can be useful, it is also very expensive. To go along with that, child support litigation can, and will, prolong the divorce process.
Rather than filing litigation and going to court, two parents can make child custody a part of their “marital separation agreement.” By doing so, two parents can agree to the exact amount of money that they will pay/receive, with regards to their child support. However, any such agreement still needs to be reviewed and approved by the court as part of finalizing the divorce.
Coming to a reasonable child support agreement, and making that part of a marital separation agreement, ensures that an expensive legal battle is unnecessary.
Speak With A Maryland Child Support Lawyer
Child support matters can be tricky, but if you can avoid expensive litigation, then you should do so. Speak with a Bel Air child support lawyer at Schlaich & Thompson Chartered today and we will assist you in obtaining the best possible legal outcome.
Sources:
law.cornell.edu/wex/child_support
peoples-law.org/calculating-child-support
