Month: November 2017

 When you enter into a marriage union, you have separate lives that merge into one. The income earned is considered pooled and it is used to cater to different aspects of the family. Some spouses leave their jobs to take care of the children and raise them. Others are tasked with going to work to bring home the ‘bacon.’ Dynamics change and you might find yourself enjoying a higher standard of living because of your spouse.

During a divorce, all these factors are taken into consideration to sort out any spousal support issues.

Determination of Spousal Support

If you are in amicable terms, you and your spouse can decide on the amount that one of you will pay to the other in spousal support. This needs to be documented and then endorsed in a court of law. You would need a Columbus divorce attorney for this process. If you have agreed on everything, you can use one divorce lawyer since all they need to do is to fill in the form and ensure that the process is followed to the letter. Having a divorce attorney could also fast track things which will lead to fast settlement of your divorce. You can click here if you are needing one asap.

In cases where there are disputes, you could choose a court-appointed third party, known as an arbitrator, to come and help facilitate discussions between you, your spouse and your Columbus divorce attorneys. This is much cheaper than going to court. However, if the disagreements cannot be settled, then you would have to go to court and get a judge to determine the alimony to be paid and to whom. Some of the factors that are taken into consideration are:

•         The spouses’ standard of living
•         Disability or health complications
•         The ability to pay
•         The division of assets during the divorce

How Long Do You Have to Pay?

Ideally, alimony is supposed to help you to get by before you can find a new job. The court will determine whether you have the skills to get a new job or if you would need some time to go back to school or gain these skills in any other way. The payer will then be required to make the payments until the court deems necessary. The standard rule is that alimony payments should stop once the recipient moves in with a lover, gets married or dies. Those are undisputable grounds for continued alimony payment. If you get a job, your ex-spouse might use these as grounds to petition the court to discontinue payments.

For people with disabilities or illnesses that prevent them from working, the payer would be required to make the payments for a lifetime. If the payer happens to die, then proceeds from the estate should be used to offset these payments in a lump sum amount.

Enforcement

Unlike child support, you would not be able to report a non-paying ex-spouse to the authorities. However, you can take them back to court where they might be found in contempt. It does not carry a hefty price such as a jail term.

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At the end of a marriage, many different things come into question since the spouses have to divide everything that they own together. The unfortunate bit about divorce is that it affects children. Parents can get so carried way that they only care about what they want, hurting or ensuring that their partner loses. Often, the children’s needs fall through the cracks. This is what the court system in Franklin County divorce cases handles. There are various factors that every court ought to follow in determination of child custody. After child custody, the next step is to determine child support.

What is Child Support?

Child support is the amount paid by the non-custodial parent to the custodial parent for the purpose of taking care of the children’s needs. Education, clothing, food and shelter are some of the basic children’s needs that need to be met. This requires money and one parent alone may not be able to provide for these. Additionally, children are already accustomed to a certain standard of living before the divorce and this should not be affected in any way. You can consult with your Columbus divorce attorney on this matter.

Who Determines Child Support and How?

The court decides the amount to be paid in child support. This is based on a number of factors including:

•         The children’s needs
•         Both parents’ level of income
•         The ability of the non-custodial parent to pay
•         The custodial parent’s ability to support the children

With these factors, the judge is able to determine the amount that should be paid and the duration for such payments, which is often monthly. The child support agreement will cover all the details: the amount, time period, date by which the amount should be paid and so on. This makes it hard for either of the parents to exploit the agreement.

In special cases where the mother is the custodial parent and the man denies paternity, then the court has to order for a DNA test first before making the determination. If the man is the father then he is bound by the child support directive as issued by the court.

Violation and Enforcement of Child Support

Late payment and non-payment are considered violations to the child support directive issued by the court. When the custodial parent reports the matter to the police, then a warrant of arrest is issued on the non-custodial parent. The remedy for non-payment or late payment is to redirect tax refunds to the custodial parent. If the non-custodial parent is arrested, they can be charged for being in contempt which can attract a jail term. You can learn more on this just click here.

At the end of the day, child custody and child support is determined in the best interest of the child. If you do not pay child support, then you are robbing your child of their basic needs. If, also, you are a custodial parent and the non-custodial party does not honor the agreement, you should report them. Failure to do so is denying your child the right to access their basic needs.