Divorce Custody Child Support

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Child Custody implies the arrangement ordered by the court regarding the physical and legal custody of a child. The court may award it to the natural parents or other parties (e.g. Grandparents)

Child Support is the sum of money that must be disbursed by one parent to the other for economic maintenance of the child. This can be inclusive of a monthly amount, dental and medical support and child care support.

In 2003, it was recorded that 7.256 million custodial parents were to receive child support amounts. However, just 3.29 million (i.e. 45.3 percent) got the complete sum of money. This implied that there were a large number of non custodial parents who were not in a position to disburse the entire child support amount. This is a valid reason that necessitates the re-examination of the order of child support.

Failure to pay Divorce Custody Child Support

Let us assume that a non custodial parent has failed to disburse child support payments. In such a case, interest may be levied on the unpaid sum of money. Moreover, such a parent may be subjected to the following.

• Imprisonment
• Denial of application for passport
• Denial of loans or grants by the state
• Seizing income tax refund
• The matter is referred to a collection agency
• Denial of professional license
• Cancellation of driver's license

Let us consider that a non custodial parent has undergone considerable alterations in his/her economical conditions. For example, the non custodial parent has become disabled due to a medical condition or injury or out of work. Such a parent should file a motion in the court for alteration in the child support orders.

Till the issue is heard by the judge, this parent has to continue making the payments. The terms of disbursing child support during child custody remain the same till new child support orders are issued by the judge.

Let us assume a non custodial parent who has not disbursed the rightful child support payments. In such a case, the custodial parent should not refuse the non custodial parent his/her right of visitation. Contrary to this some non custodial parents are denied their right of visitation and hence, these parents do not pay child support. This can have serious legal consequences.

• If a custodial parent denies the non custodial parent access to the child, such a non custodial parent must perform 2 things
  • Disburse the child support amount as per the plan
  • Seek a court order that defines the visitation rights. When this order is violated, the custodial parent can be held in contempt of court

• The non custodial parent's income
• The number of children
• The custodial parent's income
• The requirements of the children

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