Is There Anything That Might Prevent You from Getting Child Support?

Every state has different laws regarding child support and the amount the non-custodial parent must pay. Income is the primary deciding factor, yet there are also other factors that may come into play. According to a Mom Loves Best study, approximately 38% of custodial fathers received no child support. Meanwhile, their mother counterparts received 28%.

 

A family law attorney Patricia Rigdon says that child support is typically a component of a larger divorce case. There are cases where some unmarried parents require child support arrangements after a child’s birth. Factors in determining a fair and reasonable child support arrangement include the custody rights and income of each parent and the child’s financial, educational, and medical needs. 

 

Let’s study in this article the possible challenges or roadblocks a child may encounter in receiving child support from his or her non-custodial parent. 

 

Legal Custody Disputes

 

When dealing with legal custody disputes, transparency and cooperation are key to reaching a fair resolution. Open communication with the other party can help clarify each person’s desires and concerns. Be willing to listen and compromise as needed, while keeping the child’s best interests in mind.

 

Sumter, SC family court lawyers emphasize that a child support lawyer plays an important role in almost every child support case because they can provide much-needed support in determining the parent’s identity, locating the other parent, establishing the child support order, and enforcing the order. 

 

Keep detailed records of all communication, agreements, and disagreements between parties. This documentation can serve as evidence in court proceedings if needed. Follow court orders and agreements diligently to demonstrate your willingness to cooperate and adhere to legal decisions.

 

Lack of Paternity Establishment

 

Establishing paternity is necessary to accurately determine the father’s legal rights and responsibilities. Lack of paternity establishment can lead to complications in receiving child support. The father might not be required to provide financial support for the child without legally establishing paternity. DNA testing or signing a voluntary acknowledgment of paternity is a necessary step to confirm paternity legally. 

 

Non-Disclosure of Income

 

Income confidentiality can significantly impact child support. If the paying parent fails to disclose their full income, it can lead to an unfair distribution of financial responsibility. Non-disclosure of income can take various forms, such as underreporting earnings, hiding bonuses or additional sources of income, or even manipulating financial records. This can make it challenging to determine the accurate amount of child support owed.

 

To address non-disclosure of income, courts can employ various methods, such as examining bank statements, tax returns, and other financial documents. It’s important to be transparent about your income to uphold the child’s best interests.

 

Financial Hardship of the Payor

 

A payor is defined as someone who pays during a financial transaction. There are situations where the payor will struggle financially. This hardship can severely impact the ability of the payor to meet child support obligations. Be aware that job loss, unexpected medical expenses, and other financial difficulties can all contribute to the payor’s financial hardship. 

 

Take note that experiencing financial hardship doesn’t automatically absolve the payor of their child support responsibilities. The payor can request that the court modify the child support order to reflect their current financial situation. The court may consider temporary adjustments based on their review of the payor’s financial capabilities. Being transparent with the other parent or legal counsel can help manage this process properly. 

 

Failure to Enforce Court Orders

 

If the other parent isn’t fulfilling their child support obligations as mandated by the court order, take action immediately to address the non-compliance.

 

Contact your local child support enforcement agency. These groups are allowed to carry out court orders and can use a range of legal actions, such as garnishing the parent’s wages or suspending their license, to get them to follow through with their duties.

 

Conclusion

 

Most people who are involved in a child support situation face challenges. Dealing with these challenges promptly is important. 

 

Don’t hesitate to take action and seek legal assistance to address these common challenges.