The end of a marriage is probably one of the most difficult experiences you will ever go through. Even if it was a mutual decision, the emotional toll it takes can bring out the worst in people. But as hard as it may be for you as an adult, it is especially challenging for children. They may not understand the situation, but they feel the effects.
Financial responsibility for the children is an important aspect to consider in the wake of a divorce, and a Lehi child support lawyer could help you reach a fair arrangement. Our experienced family law firm can provide guidance before, during, and even after the divorce, so one parent is not left shouldering the burden.
Understanding Child Support Laws
Getting a divorce is already challenging enough without having to agree on how to divide property and assets. If minor children are involved, it adds another layer of difficulty because the parents must agree to custody and the financial arrangements necessary to care for the children.
Like all marriages, each family has different circumstances, and each child will have different needs. In general, child support is calculated based on the gross monthly income of both parents and the number of overnights the children spend with each parent. Joint custody is defined as one parent having at least 111 overnights per year, versus sole custody, where one parent has the children at least 255 nights a year. The amount of overnights a parent exercises will affect the distribution of the financial responsibility. The less a parent has the children overnight, the more financially obligated they will be.
The court will also determine how the health care and childcare costs for the children will be divided between the parties. The cost of adding the child to a health insurance policy is shared equally by both parents, along with the cost of non-covered expenses, such as deductibles. The parents also equally split all work-related childcare expenses, such as preschool and daycare.
The court will typically split the total evenly, though the court may assign a different amount to either parent if they make a request and provide sufficient supporting evidence. If one parent has sole custody of the children, the non-custodial parent is responsible for paying their share to the custodial parent.
All of this should be laid out in the divorce decree. However, if the decree lacks these details for child support, having an experienced Lehi attorney to assist in dividing the financial responsibility for the children could help ensure that the agreement is fair for both parties.
Enforcing or Modifying Support
The divorce decree is an order of the court, and non-performance of any obligation could result in legal consequences. Paying child support is an obligation, and non-payment for any reason is considered non-performance. Additionally, a custodial parent may not deny agreed-upon visitation time for the non-custodial parent, even if they are behind on child support payments. When a parent fails to comply with an order in the divorce decree, the other parent may file a motion with the court to enforce the order.
The decree is also not entirely set in stone. Sometimes, parents go through significant changes in their lives, so the original decree must be modified to fit their new situation. Either parent may request the court to decrease or increase child support payments. A knowledgeable lawyer could ensure that parents in Lehi receive the child support they are entitled to.
Hire a Lehi Attorney Today For Help With Navigating Child Support
If you are unsure about how to financially provide for your children or have questions about child support, talk with a Lehi child support lawyer. Our firm can provide guidance on how to ensure that your kids have the resources they need to thrive.
Whether you require assistance with detailing the specific payments in the divorce decree or are trying to enforce an existing one, reach out to a seasoned attorney. Contact our firm today and tell us about your situation.