When you and your spouse divorce, there are many issues that will impact the outcome of your divorce. Unfortunately, one of the most contentious matters revolves around couples who share children, as child custody can be a bitter battle. Once that matter is determined, child support payments can be equally as frustrating. Many custodial parents who make more than their ex wonder if their former partner will still have to pay child support. The following blog explores what you must know about these circumstances and how a Nassau County child support lawyer can help with any issues you may experience.
What Factors Influence Child Support Payments?
When determining child support payments, there are a number of factors the courts will take into consideration before issuing a decision. Generally, the courts will first look at the combined income of each parent based on their most recent tax filings. Additionally, they will determine the amount of funds based on how many children the couple share. Generally for one child, this is 17%.
However, the courts will also consider additional factors, such as:
- The earning capacity of each parent
- The custody and parenting time schedule
- The lifestyle the child was accustomed to prior to the divorce
- If the child has special needs
- Tax considerations
However, the courts have the discretion to take any additional factors they deem relevant into consideration when determining child support payments.
If I Earn a Higher Income, Will My Ex Still Have to Pay Child Support?
It’s important to understand that even if the custodial parent makes a higher income, the non-custodial parent must still financially support their children. This is due to the fact that the courts consider that the non-custodial parent would contribute financially if they were still married. Making a smaller income is not an excuse to avoid supporting a child.
What Should I Do if My Ex Isn’t Making Payments?
If your ex isn’t making their required child support payments, it’s important to understand the steps you can take to hold them accountable for the funds they have not paid. However, it’s imperative to ensure you contact an experienced attorney to discuss the details of your circumstances to discover the best possible way to handle the situation. For example, your attorney may be able to help you receive a court order to get the funds your children are entitled to. Similarly, your ex could be found in contempt of court for their failure to pay the funds they are ordered to.
If you’re going through a divorce, understanding the steps you must take to protect the best interest of your child is critical. At Barrows Levy, we understand how complex these circumstances can be. That’s why our team is dedicated to helping you recover the funds you are entitled to during these unfortunate and stressful times. Contact us today to learn how our team can help with any questions or concerns you have about your child support situation.
