Who Pays Child Support?

When making child support decisions, the parents must decide which one will pay the support. Generally, the custodial parent receives child support payments from the non-custodial parent. If one parent has sole custody, he or she is assured of receiving support payments. In cases where a parent is missing or out of work, the other parent may still apply for child support.

Historically, when a couple filed for a divorce, the mother generally had full custody of the children. As a result, the father paid child support. Times have changed, however. The mother is not necessarily assumed to be the custodial parent. As a result, the father is not necessarily the one paying support. A new problem arises if the parents have joint custody of the child. In that case, the one who spends less time with the child generally pays more. However, that is not necessarily a comprehensive statement, as the parents' incomes are a more crucial deciding factor. The court also considers the expenses generated by the child, such as day care, health needs and other issues.

Parental Modification of Support Payments

Support payments can be modified according to certain criteria. If both parents recognize and agree to a particular change, it will most likely be approved. The parents are allowed to apply for a modification at any time. However, they are not necessarily assured of receiving a judge's approval. The judge has ultimate jurisdiction over the child support decision and may at any time overrule a law if he or she sees fit. After the judge makes a decision, the rules can still be modified at any time. The main issue is time, since issues taken to court are almost never a quick process.

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