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Child
Support Issues
There are other issues that parents need to understand regarding child support:
Only the Proper Court Has the Power to Order Child
Support.
A court that does not have proper jurisdiction (power) does not
have the legal authority to order child support. In order for a court to
have jurisdiction to compel a parent to pay child support, it must have
personal jurisdiction over the parent. Personal jurisdiction means
that the parent from whom support is sought must have sufficient contacts
with the state in which the suit is brought.
A State that Entered a Valid Support Order Continues
to Have the Power to Modify Child Support.
Once a valid child support order is entered, that state continues to have
the power to award child support even though it no longer has contacts
with the supporting parent or children.
Parents Can Agree On the Level of Support.
Parties frequently settle divorce or paternity cases between themselves
without going to trial. Parties may include in their settlement agreement
an amount of child support to be paid by the non-custodial parent to the
custodial parent. However, even when the parties agree to an amount of
child support the trial court is required under the guidelines to determine
the guideline amount, compare it with the amount of support agreed upon
by the parties, and not make an award less than the guideline amount unless
convinced that award of less is in the best interest of the child.
There can be no variance of the guideline amount if the court does not
give its reasoning on the record in accord with the requirements of the
law.
Hugh and Lucy divorced. In a marital settlement agreement, they agreed
that Lucy would have custody of the children. However, Hugh would only
agree to pay $50 per month in child support, despite the fact he earned
$2000 a month. Rather than fight Hugh, who had threatened a custody fight
if she would not accept the deal, Lucy agreed to the low support level.
When Lucy and Hugh brought their "agreement" before the Master, the Master
refused it because the support level was too low.
Courts Can Order Payment of College Expenses Even
Though the Child Has Reached Majority.
At one time, majority was reached at age 21. When it was reduced by law
to age 18, a new problem was presented: Could the court order a parent
to pay for his or her children's college expenses as child support, despite
the fact that they would be over 18 when the payments were made? In most
states, that question has been answered in the affirmative - if the parent
has sufficient resources - although the courts are not required to make
such orders.
Child Support Is Not Tax Deductible
Unlike alimony , payments of child support cannot be deducted from the
payer's income taxes. However, you pay more than 50% of the actual costs
of child support, you can claim the child as a dependent to save money
on taxes. Parents often agree on the
issue of the dependents deduction so that both don't make the claim which
could trigger an IRS audit. |
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