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When spouses plan to divorce, there are so many legal issues to understand. It serves your children well for you to learn how to calculate child support finances and the party that becomes responsible for the child’s upkeep. Brooklyn child support lawyers provide the facts about the issue.
“Who is the Child’s Father?”
Establishing the child’s paternity is a matter that may come into play in child support cases. First what happens when there is presumed or agreed on fatherhood?
Acknowledged father: The biological father in an unmarried relationship with the mother of a child, who admits paternity or whose DNA test proves fatherhood, must shoulder child support responsibility.
Presumed father: The presumes father is the man in a marital relationship with the child’s mother unless evidence proves otherwise. Presumed father includes:
• The male spouse to the mother during the conception period or at the time of the child’s birth.
• The man who attempted to wed the conceived mother or during the period the child’s birth.
• The male partner agreed to support the child or that the child takes his name on the birth certificate.
• The man openly held the child as a his son or daughter or agreed to accommodate the child in his home.
A presumed father must shoulder the duties of child support.
Equitable Parent, Alleged Father, or Stepfather
The other categories of the father who the law says must pay child support include:
• An equitable parent who the court grants visitation or custody rights because of a close relationship with the child.
• Alleged father, or an unmarried male who impregnates a woman with custody and visitation rights.
• Stepfather or the legal spouse, who adopts the child, despite not the biological father. There is no obligation for the father to pay child support unless he decides to adopt the child.
Paternity Actions established by DNA Tests
If a lawsuit filed to determine paternity shows that a man is a biological father through a DNA blood test, the man will have to pay child support.
How to Calculate Child Support Finances
The non-custodial parent must provide finances for the child’s upkeep as per the standard guidelines-17 percent for one child, 25 percent for two children, 29 percent for three children, 31 percent for four children, or 33 percent to cater for five children daily expenses, healthcare needs, and education. The percentages rely on the income of the non-custodial parent provided the total earnings of both parents does not surpass $80,000.00.
How Long will the Parents Finance the Children?
Child support is not a lifetime duty. Upon the child attaining the majority, the financial support will come to an end, unless the child is still in college or has mental or physical challenges. A child who starts an active military will forego child support. The support cannot continue if the court declares the child an emancipated resident, which means the child is self-supporting or is free of parental control. The court can terminate the support, for instance, when another parent adopts the child.
Child Support Vs. Visitation Rights
The question that many non-custodial parents ask Brooklyn child support lawyers is, “Should I pay child support if the other parent denies me visitation and custody rights?”
Yes, you cannot refuse to pay child support because of the behavior of the other parent.
However, some courts can suspend the child support, temporarily. You should ask a Brooklyn child support attorney about how the court can enforce your visitation rights.