Child Support Myths That May Be Misleading You
Child support is often an unavoidable aspect of a divorce, and the misconceptions that people frequently have concerning this aspect of divorce can lead to stress and anxiety that could otherwise be avoided. For those that are potentially facing the prospects of having to make child support payments, it is important to be informed when it concerns several routinely held child support beliefs.
Myth: Child Support Payments Are Permanent Once Established By The Court
While child support payments are legally binding, there is an assumption that they are unmodifiable once the court issues a final divorce decree. Yet, there are many instances where a person's financial ability will change, and this can lead to the court being convinced to modify the child support payments. Interestingly, this option can be used to either increase or decrease the child support obligation, but it will require certain requirements and thresholds to be satisfied before being granted.
Myth: Your Spouse Can Only Spend Child Support On The Child
There is a common misunderstanding among those going through a divorce for the first time that the spouse will be legally obligated to only spend child support money on the children from the marriage. Yet, this is not the case as there can be many instances where this money may be used for things such as housing, food, transportation and other expenses that could be extremely difficult to document. As a result, the spouse will be able to use this money in the way that they best see fit. Although they will be legally required to provide the best possible living conditions for the child, and you may be able to challenge the parent's custody if they can be shown to be negligent in meeting the child's needs.
Myth: There Is No Way To Force Compliance With Paying Child Support Obligations
There are many people that will have heard stories from friends or family members about having great difficulty with collecting child support payments. Often, this can lead individuals to simply assume that they will have no legal recourse in the event that the spouse starts to renege on these duties. Yet, the court will have a variety of ways to compel the child support payments to be made. One of the more common options used to force compliance will be to issue a garnishment order that will take a portion of the parent's wages until their child support debts are settled. In situations where this is not possible and the parent still refuses to meet these obligations, the court may even be able to order jail time.