Divorced parents are
legally obligated to pay court ordered child support but in reality there are
some parents who shun this responsibility and kids grow up without any
financial support. Just go ask Jalen Rose about this or Shaquille O’Neal.
But in the recent years
the legislature has passed a number of laws making it difficult for a parent to
escape this financial responsibility, according to Pittsburgh, PA divorce
lawyers.
Determining and
Enforcing Child Support
For the most part, the usual process
involves both the spouses agreeing on an amount for child support. Both parents
can discuss the issue amicably to arrive at an amount and then have a legal
professional to draft an agreement based on the terms which can be validated by
the court.
However, parents are often not able to
agree. This is when a petition can be filed in court for a judge to deliberate
on the issue and decide on an amount on their behalf.
If the parents do not
have the financial means to hire a legal representative such as David Lee
in The Good Wife then the issue can be taken to the Department of Child Support
Services or the Office of Child Support Services. The officials can help the
parents establish an amount, enforce the payment, and collect it. They also
have the authority to modify child support orders.
It is integral to note here that these
agencies do not represent either of the parents. They are state-run and their
primary job is to ensure that the children receive the financial help that they
are entitled to unlike what happened to Joe Rantz as a child – the famous crew
member for the Univ. of Washington. Divorce attorneys in western Pennsylvania have very
high regard for these local agencies since they can establish paternity,
enforce medical support, track deadbeat parents, and identify assets that can
be used to pay support.
How does the law enforce child support?
Since child support comes in the form of
a court order it is legally binding on the parent. This means if a parent
refuses to pay he/she is violating a direct order. It is important to contact
the local Office of Child Support Services and the Department of Child Support
Services so that steps can be immediately taken to enforce the order. There are
certain legal steps that can be taken and Pittsburgh, PA divorce lawyers know
all about them, such as:
- Direct deductions from monthly salary – The OCSS can ask a court to issue an income withholding order. This means that a certain amount of money is diverted from the paying parent’s salary account for child support every month.
- Federal Tax Refunds – If the paying parent is to receive a federal refund then the state can seize the amount and pay it to the custodial parent.
- Passport Restrictions – The state can also be restricted from renewing the defaulting parent’s passport. This means he/she will not be able to travel out of country.
- Contempt of Court – Refusing to pay is a violation of court order and hence the parent may have to face penalties such as jail time as well as heavy fines. Jail time may not work though since society wants that person to continue to work so they can make child support payments.
- When the parent has not paid support for more than a year
- The unpaid amount has crossed the $5,000 threshold
- And lastly if the parent flees the state to avoid paying support
Your marriage has ended – that was
tough. But not having enough money to properly raise your children is something
terrible. You need to click right here: Divorce.USAttorneys.com. This simple to use website will enable you to find a
divorce lawyer and some help to put an end to this madness – your ex-spouse
needs to hold up their end of the bargain. You can access this site from any
computer that has access to the Internet.
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