Posts Tagged ‘divorce hearing’

Are Stepparents Required To Pay Child Support For Their Spouse’s Child?

Friday, August 31st, 2018

In general, the courts tend to not require a stepparent to make child support payments for the child of their new spouse, from their prior relationship. Moreover, when the courts are initially calculating child support payment amounts, they will not even include the stepparent’s earnings as a factor. However, just like with any other matter that comes before the courts, there are always mitigating factors that they determine have a substantial enough impact, and are relevant enough, that it warrants being included in the decision making process, and the facts of a case may require the stepparents income to be included when deciding child support payments for the biological parent. For instance, if the support-receiving parent marries someone that reduces the cost of living for them, then a court may reduce the child support award to reflect an appropriate amount with respect to cost of living.

An exception to this would be if the stepparent decided to adopt the child, in which case they would be personally liable for child support. However, in order for this to occur, the parent of the child, who is not their current spouse, would normally have to terminate their parental rights in order for the stepparent to even begin the adoption process. In a regular scenario, however, stepparent are not required to pay child support for the spouse’s child.

What If The Non-Custodial Parent Doesn’t Appear For A Court Date?

Wednesday, August 29th, 2018

Assuming that the non-custodial parent was properly served, and made aware of the court date, they are expected, and demanded, to show up to court. Typically, a summons, along with other relevant documents to that court date, will be included in the service, and will also notify the parent of the date, time and location of the court date.

There are certain types of cases in which the penalty for not appearing can lead to a bench warrant being issued for that person’s arrest. However, with regard to custodial/non-custodial parent issues, if the non-custodial parent does not appear, it will only serve to hurt them in the divorce process. Suppose that you are the non-custodial parent, and the court date is set to discuss a potential modification to the custody agreement. While it is not a guarantee that, if the non-custodial parent does not show up, the court will rule in favor of the other party, it is really not a good look for the non-custodial parent, and is not indicative of someone who A. is responsible, and B. really wants to have a new custody arrangement that will allow them to see their kids more.

If the court date is to discuss child support, then the non-custodial parent’s absence could mean that the court makes a decision without the non-custodial parent being able to represent themselves and their interests in court, which could be incredibly important, depending on the exact nature of the issue being discussed in court. So, besides giving off the impression that you just don’t care, missing court dates means that you will not get to have your interests represented and argued for, which leaves you at the mercy of the decision made by the court – without you.  

How Does Remarriage Affect Child Custody?

Friday, August 24th, 2018

When it comes to children’s living circumstances, the court holds “what is in the best interest of the child” as their most determining factor. With that in mind, parents are often worried about beginning a new romantic relationship, because they fear that it may create an environment in which their child does not feel comfortable. Not only would a parent with physical custody worry about this, but a non-custodial parent as well, as they already have their child with them for a limited amount of time, and would not want to give the court a reason to further limit this time. But does that mean a parent can’t begin an intimate relationship with a new person, let alone remarry?

First, it’s important to recognize the common scenarios in which remarriage affects a child life. For instance, if the remarriage might lead to a relocation of one of the parents, and in that scenario, the child’s life would be greatly affected. If the custody agreement states the parents have equal time, then a move like this would severely impact the agreement and the child’s  current state. In this scenario, the custody agreement would have to be modified in order to allow such a move.

Another instance where remarriage can impact the custody of a child is if the new spouse and the child do not have a good relationship. While this can be in the form of physical abuse, it does not have to be. Again, it is what is in the best interest of the child that the courts care about primarily, and if they feel that the presence of the new spouse has a negative impact on the child, they will be more than willing to make a modification of the custody agreement. The court will look to see a corresponding change in the child, whether it be in school or in their behavior, to signal that the current set-up is not working.

Ultimately, if one of the parents is planning on remarrying, then the new spouse should want to develop a positive and fostering relationship with the child, whether the parent wants to potentially gain more custody time, or preserve the custody arrangement they have currently.

How Are Child Support Payments Made?

Monday, August 20th, 2018

As the parent ordered to make child support payments, there are multiple, acceptable forms of payment that you can submit your child support payments through. Sometimes, the Court might specify the exact method that they want the paying parent to use, if the circumstances regarding the receiving parent require a specific method.

The methods of direct payment, where one parent pays the other on a specifically set schedule, vary in terms of method of delivery, as well as when they are appropriate to be used. Cash is a very common method, but a major drawback is that there is no receipt given, and therefore it is a bit difficult to prove that payment had been made, if it is ever needed. Also, depending on the status of the relationship between the parents (whether or not they can coexist), it may or may not be feasible for there to be a face-to-face meeting between the two.

In order to avoid the in-person interaction, a check or money order can be made in lieu of cash. Although this leaves the possibility of the money getting lost, there is at least a form of proof of payment, or attempt of payment, that comes with this form of payment (although you wont always know when).

Sometimes, the Court has to enforce the payment of child support, and in this scenario, they often utilize their ability to enforce wage garnishments, to extract the demanded child support amount. This is done through the employer, as they will withhold the amounts from their income. However, this does require that the paying spouse has a job, and is not self-employed.

As technology has improved, online transfers are now an acceptable form of child support payment as well. But again, the Court can set the form before the parent even has the chance to decide, and it would be determined largely by the best way for the receiving parent to accept payment.