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Child Support Guidelines After Divorce
Child support guidelines are acceptable practices under most jurisdictions in the form of issued court orders. Fathers have been the primary parent ordered by the courts to pay child support amounts directly to the custodial parent rendering care for the child. Court orders mandate that the support payments continue until the child reaches the age of an adult, dies or is released from parent control, which is legally termed as emancipated.
There are conditions when the court will intervene and alter the child support orders for the particular case after the divorce. Those conditions are may be unforeseen and in some cases, parents have the right to petition the court to change the initial court order for child support based on the child's need.
Once the child support order is issued, after the divorce any default or failure to pay the child support will be enforced using legal methods of process. Wage garnishment, contempt of court decree or seizure of the property using a writ of execution against the parent assigned to provide child support payments will be implemented.
Guideline Interpretation
The child support guidelines may appear to be vague in some cases, the reason is that by law child support considers what is best in the interest of the child. The first thought is to maintain the lifestyle prior to the divorce. The ordered parent is required to maintain provisions for school, healthcare and day to day activities under the court ordered child support guidelines. The guideline incorporates flexibility of child support in anticipation of necessary adjustments required as the child matures.
The original judicial court that issued the child support order maintains the jurisdiction over the case and has the authority to modify the court order. A formal request must be submitted with sufficient evidence to justify the change from the previous order issued under the child support guideline. The guidelines are based on the parents earning ability and courts recognize that parents living conditions may change over the life of the child support decree.
Should either parent remarry and their financial condition change, the child support order could be affected and the previous child support order may be viewed as unjust or inappropriate for the particular case. The reverse of the same situation or loss of income may also result in a justification to modify the court ordered child support payment. The law does allow for the process of appeal by either parent and there are landmarks decision that have allowed modifications based on the appeal process.
There are conditions when the court will intervene and alter the child support orders for the particular case after the divorce. Those conditions are may be unforeseen and in some cases, parents have the right to petition the court to change the initial court order for child support based on the child's need.
Once the child support order is issued, after the divorce any default or failure to pay the child support will be enforced using legal methods of process. Wage garnishment, contempt of court decree or seizure of the property using a writ of execution against the parent assigned to provide child support payments will be implemented.
Guideline Interpretation
The child support guidelines may appear to be vague in some cases, the reason is that by law child support considers what is best in the interest of the child. The first thought is to maintain the lifestyle prior to the divorce. The ordered parent is required to maintain provisions for school, healthcare and day to day activities under the court ordered child support guidelines. The guideline incorporates flexibility of child support in anticipation of necessary adjustments required as the child matures.
The original judicial court that issued the child support order maintains the jurisdiction over the case and has the authority to modify the court order. A formal request must be submitted with sufficient evidence to justify the change from the previous order issued under the child support guideline. The guidelines are based on the parents earning ability and courts recognize that parents living conditions may change over the life of the child support decree.
Should either parent remarry and their financial condition change, the child support order could be affected and the previous child support order may be viewed as unjust or inappropriate for the particular case. The reverse of the same situation or loss of income may also result in a justification to modify the court ordered child support payment. The law does allow for the process of appeal by either parent and there are landmarks decision that have allowed modifications based on the appeal process.