Child support is an emotional issue, and divorcing couples run into all sorts of problems with it. Below are some of the complications you may face with child support during your divorce.
Income level is one of the biggest factors in child support determination. Therefore, a difficulty arises when the paying parent doesn't have a source of income that the court can use for the calculations. One way of dealing with this problem is to find out whether employment is voluntary or involuntary. If the employment is voluntary, then the court will impute the paying spouse's income and use the income they would be receiving if employment as the basis for the calculations.
If the employment is involuntary, then the court may use other assets or sources of income for the calculations. An inheritance, government benefits, and donations, among other things, can all be factored in. This is necessary because the welfare of the child must be catered for.
Self-employment complicates calculations for child support payments, especially for those who don't have a regular income. Say the paying spouse is self-employed, but their income is sporadic and unpredictable. In this case, the court may look into the immediate past to predict fought earnings. Invoices, tax returns, and contracts can all be used to calculate income.
Refusal to Pay
If you are the receiving spouse, then you have a problem on your hands if the paying spouse refuses to remit the payments. Your first option would be to approach the paying spouse and make them see the sense of making the payments. However, you may have no option but to go back to court and ask for the government's intervention. The court can garnish the paying' spouse's wages or hold them in contempt of the court, among other measures, to force the payments.
Tie-In with Other Issues
Some people think that they are supposed to pay child support only if they are allowed to see their children. Therefore, such people may tie child support to the amount of time they are allowed with the child and withhold payments when they can't see the child. However, it doesn't work that way because the child must eat, go to school, see the dentist, and put on clothes whether they can interact with the paying spouse or not. Unfortunately, there isn't much you can do except go back to court and get the judge to force your partner's hand.
For more information about child support plans and other aspects of family law, you can consult a lawyer in your area.