Child Support Payments
Child Support Payments
Kelly Chang (Family Law Attorney, Law Offices of Kelly Chang) gives expert video advice on: Can my ex-spouse and I make our own child support arrangements?; Do I have to pay support when my children reach adulthood? and more...
Which parent pays child support?
Well, technically, both parents pay child support. I mean, if you're raising a child and you're paying money, the other person is spending the time and paying in other ways. Both parents technically pay child support. However, if you are a higher income earner, with less custodial time, you will probably be the paying parent.
Can my ex-spouse and I make our own child support arrangements?
There is a guideline and you can't ever waive child support or try to pay less than what you have to pay, but you can make an agreement with the other party if it's not too far from the guideline.
Do I have to pay child support during a lengthy visitation?
Yes, once there is a child support order, your obligation is monthly. You would come up with some amount that you're going pay per month, and that amount's going to come from the fact that you get the kid through the summers; the formula's going to account for that. So, it doesn't matter if you get the kid; if you already agreed to pay $2,000 a month, you're going to pay $2,000 a month even when you're with the kid.
Do I have to pay support when my children reach adulthood?
The family code says you're obligated to pay child support until the child reaches 18, or completes high school and is 19.
What can I do if my ex-spouse won't pay child support?
Generally if your ex-spouse isn't paying support you would have to find a way to enforce the order. You could get a contempt, but the problem with holding people in contempt is that they get thrown in prison and they can't pay child support then either so you have to be careful in what you do. However, generally, if they do have a job and you have an order, I would have your lawyer prepare a wage-assignment order, like a garnishment, and fax it to their employer. They will garnish his wages and send it automatically to you.
Do I have to allow visitation if my ex-spouse is behind on paying child support?
Even if your ex-spouse is behind on child support payments, you still have to allow visitation. Just because somebody's not paying child support, it doesn't mean that he doesn't get to see his kid.
Do I still owe child support if my ex-spouse refuses visitation rights?
You still owe child support even if your ex-spouse refuses visitation. Even if your ex-spouse is not letting you see your children, you still are obligated to pay your support. What you would do in that situation is go to your lawyer and file something against the ex-spouse that's not letting you see the children. However, you still have to continue with your obligations to pay support.