If you are currently going through a divorce and have children, you probably have a number of questions you probably need to be answered. That is why you need to rely on a lawyer that deals with child support matters.
For example, one of the questions that is sometimes asked concerns the payment of child support itself. Often, couples want to know if child support must legally be paid. If you speak to a child support attorney in San Antonio, he or she will tell you that child support is mandatory. That is because of a ruling made by the Supreme Court. According to the court, the obligation of child support is meant to be owed to the child, not the parent. Therefore, the parent who receives the money must accept it legally.
Calculating Support Payments
When a child support attorney reviews your case, he or she will not usually consider the income of the parent who receives the support money. Only the obligor’s income is considered in this respect. The only time the recipient’s earnings are taken into account is when their wages are three times the amount of the obligor’s. As you might guess, this type of situation is not common.
Typically, the overtime wages of the person paying the child support-or the obligor-are considered. In fact, overtime earnings are listed in the child support guidelines. However, these wages, if they are not typical earnings, they may not, in some instances, be included for support purposes.
Payments Limits
You also need to ask a child support attorney about the limits for payments. Usually, limitations are set based on the obligor’s monthly income after deductions and the number of children in the divorce settlement. However, an obligee, or the recipient, may request over the maximum amount for child support, if it can be proved that the obligor can afford the higher amount and the child is in need of the added amount.
Who to Contact for Advice
You can learn more about child support when you check our website Law Office Of Jesse Hernandez. Take your concerns to an experienced attorney today.
