What is child support law?

by | Jun 14, 2013 | Lawyers

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Child support law is that part of family law that deals with the awarding and distributing of child support. Child support is a monetary award granted to one partner to the failed marriage who gains custody of the minor children. The law is very explicit on this; one parent will be mandated to provide the other parent with monies to assist in the raising and upbringing children which are shared. In most courts, one parent or the other will be charged with the responsibility of providing support regardless of whether they want to be an active participant in the child’s future or not. Child support attorneys San Diego are usually those who deal with family law, including divorce and child custody.

Child support law usually comes into effect during divorce proceedings and settlements. During the divorce proceedings, the court will consider the assets and wealth of each partner to the marriage as well as the circumstances of the child in children in question whether they were legally born or adopted. This information is used by the court in determining the settlement and the subsequent court order.

The courts have the power to determine the arrangements for supporting the minor children that will be affected by the divorce; it most often starts with the court determining the child custody aspect. The court must listen to the pleadings of the child support attorneys in San Diego and then decide where the minor children will reside. The court must also make rules for the visitation of the parent that was not granted custody and it must establish rules on joint custody arrangements that may be applicable. Once these custody agreements and arrangements have been solidified, then child support can be established.

The circumstances of how and when a parent became a parent have little or no bearing on child support. The child may have been born out of wedlock but the parents are still responsible for the maintenance of the child and are obliged to provide financial support.

The usual arrangement is for the parent who does not live with the child to provide a home for the child. Child support payments are to be used for education, school expenses, clothing, groceries and incidental expenses. At times the court may award alimony payments as well but these are separate from child support and granted under different laws.

 

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