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Posts Tagged ‘Child Support’
Cost Of Living Calculators
20
Jul
Child Support Unfair Practices by DSS
27
Jun
My childrens mother and i have 2 children. The first was born in 1991 and has lived with my mother and i since she was nine months old. The other child
Trusting Lawyers Loses Lawsuits !
25
May
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If you’re like most people, you don’t trust lawyers … I don’t either!
How can I expect my life to change after divorce?
11
Mar
People know to prepare themselves emotionally when going through the divorce process, but they often fail to prepare for adjusting to life afterward. Too often, they assume that life on the other side will be easier and they vastly underestimate the new challenges they will inevitably face. To help make things less stressful for you later on, take some time to think about and understand some of the common misconceptions surrounding divorce.
What are some common misconceptions surrounding divorce?
One of the biggest misconceptions concerns money. Both women and men tend to believe that their finances will not change significantly after a divorce. They don’t take the time to sit down together and figure out how the income that previously supported one household will be able to support two in the future. Instead, each party expects to sustain their current lifestyle while the other makes concessions. Typically, women believe they will receive more maintenance than the court is likely to award, while men believe that they shouldn’t have to pay alimony and that everything should be divided equally, even if their spouse hasn’t worked for many years. In most cases, both parties will end up living off of a lower income post-divorce.
You may be able avoid frustration and disappointment down the road by setting up a budget during the divorce, either together or on your own. At the very least, a budget will help you to anticipate upcoming lifestyle adjustments. In fact, you may want to start cutting expenses now if you can, or think about ways to eventually increase your income.
Other common misconceptions about divorce involve children. Parenting after a divorce can be complicated, but it helps to be flexible and open-minded. Many women are used to being the primary caregiver and find it difficult to let go of the high level of control they once had over their children’s lives and schedules. Depending on your custody arrangement, your children may spend time between two homes, which means increased time away from you. This can be painful at first, but remember that your children have two parents and that it is essential to their well-being and development that they spend time with both of them.
Men struggle with their own parenting challenges after divorce and are frequently surprised by how difficult it is to raise a child on their own. They are also often caught off guard by the amount of child support they are required to pay.
It is important to note that the amount of child support one pays is related to the amount of time each parent spends with a child. The parent who has the child most of the time will receive child support from the other parent. If the child spends significant time with both parents, then the paying parent may get a credit against the support payment to account for this extra time. Also, if primary parenting of multiple children is split between the parents, then child support is based on this “split-custody” arrangement. In these situations, we use a formula to calculate which parent will pay support and in what amount. This formula was developed by Division I of the Washington Court of Appeals in the case of In re Marriage of Arvey, 77 Wn.App. 817, 894 P.2d 1346 (Wash.App. Div. 1 1995).
It is also important to remember that the issues of child support and parenting are treated separately by the court. This means that one parent cannot withhold visitation from the other parent because he or she has failed to pay child support. Instead, the parent who is not receiving his or her court-ordered support must bring legal action to enforce the order to pay. But in the meantime, the nonpaying parent is still entitled to enforce the parenting plan. This is because to do otherwise would be unfair to the child, who has a right to spend time with both parents.
How can I clear up any misconceptions I may have about life after divorce?
You can learn about the realities of divorce by reading through the Pro Se University blog archives or you can sign up for the next free 30-minute Attorney Appointment. We are here to help.
What if my former spouse and I cannot decide on a parenting plan?
03
Feb
An important step in the divorce process is agreeing what to do with your children. This includes decisions about child custody, parenting time, child support, and who holds what responsibilities over the child or children in your life. In the past, there was one custodial parent and the other parent would receive visitation rights only. This is no longer the only option. Nowadays, one parent’s home may be where the children spend most of their time, but there is a clear trend toward more equal-time arrangements. Also, it is very common for parents to have equal decision-making authority regarding such matters as education, non-emergency health care, and religious training.
When the decisions about the parenting plan are complicated or when both parties are unable to reach a resolution, the court may intervene and require a parenting plan evaluation.
In a parenting plan evaluation, a specially-trained and licensed expert evaluates each parent and child to assist the court to make a decision. These experts often have advanced degrees and training regarding child development. The evaluator is an impartial party who is focused on one thing, and that is “the best interests of the children” involved.
What is the goal of a parenting evaluation?
It is key that the expert performing the evaluation be trained in how to remain impartial and keep the well being of the child a priority. Luckily, in Western Washington there is a special certificate program that trains health and law professionals in these skills. It is called the Parenting Evaluation Training Program (PETP) at the University of Washington. Graduates of this program have been specially trained to work effectively as evaluators and treatment personnel to protect the interests of children and help resolve high-conflict family law litigation.
A PETP graduate also may offer “Co-Parent Psychotherapy,” which is a form of counseling with the following goals:
- Reduce parental conflict and enhance cooperation
- Quickly resolve disputes between parents about the children
- Assist child’s (children’s) coping with their parents’ conflict
- Reduce post-divorce litigation
- Enhance parenting skills
At its core, the parenting evaluation and co-parent psychotherapy can help you learn how to parent your child together with your former spouse and lead a more peaceful life after divorce. It is not a single-parent parenting class, but an opportunity for both parents to learn how to focus on the well being of their child.
You can find details on what to expect during the University of Washington Co-Parent Psychotherapy process here.
Where can I find a qualified parenting evaluation professional to help me with this issue?
If you need a parenting evaluation or want to start Co-Parenting Psychotherapy, the list of PETP Graduates is a great resource.
If you have any questions about how a parenting evaluation can help move your family law issue forward, we can help. You can sign up for a free 30-minute Attorney Appointment on the web. We schedule these appointments on one Tuesday each month. You can also contact our office and speak to Xenia at 877-776-7310 to schedule a free consultation.
We look forward to working with you.
Source: Guidelines for Child Custody Evaluations in Family Law Proceedings (http://www.apa.org/practice/guidelines/child-custody.pdf ) by American Psychological Association
Related: Co-Parent Psychotherapy (http://depts.washington.edu/petp/coparent.html )
Always Consider the Cost of Raising a Child
16
Jan
This is an important post because people who pay child support or may be ordered to pay child support often think they are being asked to pay too much. In reality, the non-custodial parent who pays support rarely pays nearly as much to raise that child as the custodial parent.
There are tons of costs associated with raising a child that often are not thought or. That child will likely need more living space, daycare, you’ll have to buy more groceries,on clothing more than others as they grow up so fast,if you are looking for comfortable clothing or accessories check the alpaca line for winter.
Now remember the toys, bigger car, education expenses, recreation expenses, health care, toys and added utility expenses. I’m sure there are other expenses not listed here.
The United States Department of Agriculture (USDA) surveys the average costs. You can find the 2009 report here. You can see that the costs vary depending on the income of the household, the number of children, and the age of the child/children. A single-parent one child family usually pays about $9,000-12,000 annually to raise a child. So, if for example, you are ordered to pay $300/mo., you would only be paying $3,600 towards that amount. As a side note, most people who actually have kids say that the USDA figures are far too low.
So if you have a support order you think needs modified, I would encourage you to use this USDA Cost of Raising a Child Calculator to determine if the amount really is unfair. Also if you are in a divorce or custody battle and you think you would save money by winning custody, think again. You most likely would actually save money by paying child support. Haven’t had kids yet? Use the calculator to make sure you can afford them before you do.
Modifying Your Child Support Order
15
Jan
Often, I get questions from people who feel their child support order needs to be adjusted. Usually, it is the non-custodial parent who feels they are paying too much. Occasionally, it is the custodial parent who feels the non-custodial parent isn’t paying his/her share.
In Ohio, support modifications may be requested either through the court (Domestic Relations or Juvenile) that made the order or the Child Support Enforcement Agency (CSEA) in the county enforcing the order. Under most circumstances, you should start with the CSEA. It is usually faster and more conducive to self representation. Furthermore, courts often get peeved when you come to them without first exhausting your administrative remedies. You can take your matter up with the court if you disagree with the agency’s ruling.
For the court or CSEA to modify your support order, they must find that there has been a “change in circumstance” to justify it. To request a modification, at least one of the following must apply (see Ohio Administrative Code § 5101:12-60-05.1):
- At least 36 months has past since the order was issued or last modified; or if 36 months have not passed, any of the following…
- A minimum support order ($50/mo.) can be reviewed at any time;
- One or both parents has become unemployed through no fault of his/her own (this means you can’t quit your job and expect your order to be modified) for at least 30 consecutive days;
- One or both parents has become unemployed due to mass layoff or plant closing;
- One or both parents has become permanently disabled (be sure to have medical proof and social security information);
- Institutionalization or incarceration (see caveat * below);
- One party has experienced a 30% decrease in income through no fault of his/her own or a 30% increase in income;
- The child subject of the order has been emancipated (support remains in effect until child turns 18, or up to the 19th birthday if the child is still in school-you are still responsible for back child support).
If any of these apply, calculate the new amount of support. Here is a free resource that should give you a good idea of what the amount will be (assuming your figures are accurate of course). If the change is to your benefit, file the modification application. Contact the CSEA or visit their website to obtain the application.
When filing an application to modify support, always do it ASAP. Support modifications are not issued retroactively. That means the modification will only be effective as of the date of the application and not a day before.
* Note: some jurisdictions will not modify due to incarceration. These jurisdictions reason that it was your own fault for committing the crime. Therefore, it is a voluntary loss of income.
Please share your experiences with child support modifications.
