Child Support

Written by Chris Uhl
The information contained herein is only to inform the public and does not create an attorney client relationship with the reader. You should always consult an attorney when seeking legal advice.

How is it determined? Who should pay and how much? How do you become a deadbeat dad? These are the questions with which we are constantly bombarded. The media usually supplies the answers, but are those answers correct. Over sixty five percent of marriages end in divorce, which accounts for more single parents than ever in America today. How do we support our children, our future leaders?

Usually everyone associates child support with divorced children. The system in place is also for those children born out of wedlock. All the same rules and formulas apply. The only difference is that paternity must first be proven. No one can escape the child support law. There are a lot of parent’s both male and female paying child support. The situations you hear about are those who do not pay their fair share. I am sure if you talked to the individual involved in each situation; the parties would all feel they were not treated fairly. No one is paying their fair share, because everyone always wants more.

In either a divorce proceeding or other probate action for non-divorcing parents, custody is awarded to one of the parents or both of the parents. Custody may be legal or physical. Legal custody gives each parent a share in the decision making of the child. Physical custody is with whom the child lives. As you can see this can become very complex involving multiple levels of legal mumbo jumbo. In joint custody situations, there will be one parent with physical custody. The parent with physical custody is the parent who will receive the child support.

Visitation, custody and child support, are not bargaining chips in a probate action, although parents use them as such. Most of the time the parents force their lawyer to do the dirty work. You can have visitation without paying child support, even if you are behind in your payments. If the judge has found you to be a danger to your child, you will be required to pay child support with no visitation rights. You should visit with your children, in spite of the financial situation. Remember, it is not the child’s fault that the adults are incompatible.

Child support payment amounts were very subjective, prior to the statute. There was no law or schedule for the amount that should be paid. It was up to each and every judge, lawyer and parent involved in the situation. The amount of child support awarded was not uniform. The legislature fixed this with a law, so that all child support amounts are set by income up to $75,000 per person. Over $75,000 it is still subjective but the guidelines are followed. Pre tax income is used in the child support computations. Child support is between 25-33% of weekly pretax income depending on how many children. Deductions are made for the non-custody parent’s earnings and contribution for the child support. Percentages are used for each parent’s contribution amount. At the end of all the computations in the formula, an amount is arrived at to be the child support amount. You have just completed a child support guideline sheet, or a green sheet as it is usually called. A financial statement always accompanies the child support guideline.

A good rule of thumb to follow is to take your paycheck and divide it into thirds; one-third for Uncle Sam, one-third for child support and one third for you. For many this is a 50% pay cut and a very hard adjustment. You may arrange for the Massachusetts Department of Revenue to deduct your child support directly from your check. I recommend this for hostile situations between adults, easy record keeping, or because you don’t trust yourself with the money.

How do you become a "dead beat dad"? The only way is to leaving the State or Country without paying your child support. Until recently Massachusetts could not go across state lines to get you. But as you can see from the celebrated cases in the news that has changed. Publishing the capture of a deadbeat dad helps enforcement of the child support collection laws. Currently if you leave America there are no treaties to bring you back for non-payment of child support. I would expect this to change, since there is a national movement by President Clinton to allow extradition (returning the person).

Our future leaders, your children need your support. Don’t abandon them. Pay your fair share.

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