There are a lot of people out there who have a hard time and want to reduce child support, because their standard of living and ability to keep current on their bills is suffering. Why? Because the amount of their child support payments has been calculated based on a wage far higher than they actually receive. If you're making support payments which seem far higher than your income warrants, then you'll want to keep reading; there are some tips here which may enable you to reduce the amount of your support payments.
Before you begin trying child support reduction, keep in mind that you still have to keep making them at their current level while any decision is being made. Otherwise, you'll almost certainly meet with failure in your efforts to reduce your payments. While you're working to reduce child support payments in court, you should continue paying support to your former spouse. Even if you can't afford to pay the entire amount, keep paying what you can towards your payments. This demonstrates your willingness to make payments and your inability to make them in full. If you don't pay, this gives you the appearance of being unwilling to meet your obligations.
Worse yet, it makes you appear as though you don't care about the child. Always make your payments by check (or better yet, certified check) since cash isn't traceable. You can make an appeal to the court to reduce support if your income has declined or you have an argument to make about extenuating circumstances that you feel the court did not take into consideration.
These may include custody of another child or financial hardships; if you have another child to support, the law is on your side in asking to reduce child support.
Showing posts with label Child Support Attorney Staten Island. Show all posts
Showing posts with label Child Support Attorney Staten Island. Show all posts
Tuesday, November 9, 2010
Sunday, November 7, 2010
Asserting Your Rights as a Father
Another aspect of father's rights in child maintenance is to collect it himself should he be the custodial parent. There are many fathers that automatically assume the mother will be granted full custody of the children so they do not fight. If you have any reason to believe that your spouse is not equipped to handle the children, it is your right as the birth father to take matters into your own hands. Your best advice is to remain as willing to communicate as possible and avoid moving out of state during custody hearings. There are many fathers who pay child support only to have their ex move the children out of state. Because this is so common, your father's rights have been safeguarded by federal laws which require a parent to meet several guidelines before just moving a child away from you. Again, you must continue your payment schedule.
If you are having problems asserting your fathers rights in child custody situations or feel that your child's mother is breaching the contract, it may be a good idea to hire a child support attorney to work with the two of you. Attorneys strongly recommend that fathers maintain accurate records and paper trails of all child support paid (or received) and that no blasé agreements are entered into without court intervention and documentation. This is a simple way to protect your self and with the help of a mediator can produce binding changes to child support, custody or visitation rights. It is common practice for the mediator to be called upon by the Judge to offer recommendations based on their impartial experiences with you and your child's mother.
If you are having problems asserting your fathers rights in child custody situations or feel that your child's mother is breaching the contract, it may be a good idea to hire a child support attorney to work with the two of you. Attorneys strongly recommend that fathers maintain accurate records and paper trails of all child support paid (or received) and that no blasé agreements are entered into without court intervention and documentation. This is a simple way to protect your self and with the help of a mediator can produce binding changes to child support, custody or visitation rights. It is common practice for the mediator to be called upon by the Judge to offer recommendations based on their impartial experiences with you and your child's mother.
Friday, November 5, 2010
Father's Rights and Child Support
What may seem fair isn't always how things work. Luckily, there are many aspects of child support that are federally mandated and each state has different laws in regard to a father's rights in child support.
Child support is granted when one parent becomes the custodian. The other parent will be granted visitation rights and schedules will be set up by the court systems in your jurisdiction. These arrangements are legally binding. Many fathers may experience trouble with the mother granting the visitation as outline and will withhold child support as a form of retaliation. Unfortunately, this is not the way to go about this. If you pay child maintenance and are not being granted your rightful visitation, you should contact the courts or a child support attorney to settle the matter legally. In the meantime, paying your court ordered child support is mandatory. Keep in mind that non-payment of court ordered child support can lead to punitive conditions such as jail time.
Each state is required by federal law to mandate a schedule of calculating how much child support should be paid. Essentially, this figure is devised by using your earnings, the cost of raising your child, the number of children in question as well as any special needs that the child may have. If the mother is the custodial parent, her ability or lack thereof in supporting the children can also be used. This is why it is up to you to offer as much accurate information as possible in order to have child maintenance payments that are affordable. A father's rights in child support do not change should you lose your job or become laid off; and any changes to the frequency or amount have to be filed by both parents within the court system.
Child support is granted when one parent becomes the custodian. The other parent will be granted visitation rights and schedules will be set up by the court systems in your jurisdiction. These arrangements are legally binding. Many fathers may experience trouble with the mother granting the visitation as outline and will withhold child support as a form of retaliation. Unfortunately, this is not the way to go about this. If you pay child maintenance and are not being granted your rightful visitation, you should contact the courts or a child support attorney to settle the matter legally. In the meantime, paying your court ordered child support is mandatory. Keep in mind that non-payment of court ordered child support can lead to punitive conditions such as jail time.
Each state is required by federal law to mandate a schedule of calculating how much child support should be paid. Essentially, this figure is devised by using your earnings, the cost of raising your child, the number of children in question as well as any special needs that the child may have. If the mother is the custodial parent, her ability or lack thereof in supporting the children can also be used. This is why it is up to you to offer as much accurate information as possible in order to have child maintenance payments that are affordable. A father's rights in child support do not change should you lose your job or become laid off; and any changes to the frequency or amount have to be filed by both parents within the court system.
Wednesday, November 3, 2010
Getting More From Your Child Support
Divorce is not an easy thing. Especially if you have children and are reliant on the ex-spouse for child support.If making ends meet for you and your child or children has become more difficult did you know that you can request that a child support attorney review your child support payment once a year. If your ex has gotten a raise, or child's education and cost of living has increase4d you may be eligible for an increase. But do keep in mind that if your ex has lost their job or has had a salary decrease and you have asked for an adjustment your child support could possibly go down. In this article you will receive some suggestions about what you should do before you go to a judge to ask for modification to your child support.
First, you should obtain a copy of your state's child support schedule. Usually this is available online, but if not you can request a copy of the child support payment schedule from your local courthouse.
Secondly, it is essential that you gather all your records from the previous year that may reflect why it has become more difficult for you to maintain support for your child. A raise in education cost, higher medical bills, increased mortgage or rent payments. Include pay stubs reflecting that you may have had a cut in wages per hour or a cut in work hours or worse you may have lost your job.
Third, you will want to obtain a form to modify your child support. You may be able to download one, if you can't you should be able to pick one up at your local courthouse. If one is not available you can create your own form just include all of the above information.
Fourth, fill out the form and attach all of the records you have compiled to substantiate your request for an increase. Make sure you have attached at least 12 months worth of financial records. Before submitting anything make sure you have made copies of everything for you to keep yourself.
Fifth, you will file your original completed form in the court where your original child support order was filed. The fee for filing is usually somewhere between $15 and $50 depending where you live.
Sixth, make sure your ex-spouse receives a copy of your request. If you send the copy by mail make sure you send it registered certified mail with a signature request. It is very important that you keep your green receipt. This will be proof that you mailed it to them.
First, you should obtain a copy of your state's child support schedule. Usually this is available online, but if not you can request a copy of the child support payment schedule from your local courthouse.
Secondly, it is essential that you gather all your records from the previous year that may reflect why it has become more difficult for you to maintain support for your child. A raise in education cost, higher medical bills, increased mortgage or rent payments. Include pay stubs reflecting that you may have had a cut in wages per hour or a cut in work hours or worse you may have lost your job.
Third, you will want to obtain a form to modify your child support. You may be able to download one, if you can't you should be able to pick one up at your local courthouse. If one is not available you can create your own form just include all of the above information.
Fourth, fill out the form and attach all of the records you have compiled to substantiate your request for an increase. Make sure you have attached at least 12 months worth of financial records. Before submitting anything make sure you have made copies of everything for you to keep yourself.
Fifth, you will file your original completed form in the court where your original child support order was filed. The fee for filing is usually somewhere between $15 and $50 depending where you live.
Sixth, make sure your ex-spouse receives a copy of your request. If you send the copy by mail make sure you send it registered certified mail with a signature request. It is very important that you keep your green receipt. This will be proof that you mailed it to them.
Monday, November 1, 2010
Child Support Lawyer Eric Gansberg
If you are not with your significant other anymore, but have a child with him or her, then you will need to figure out how you will take care of your offspring once the funds leave with your spouse. Getting a reputable child support attorney can help you to get the wages you need in order to care for your baby.
Definition
When a couple has a kid, sometimes they do not stay together. If separation occurs, there will be a time when the parent that has full custody and is raising the kid will need financial assistance. This assistance can be something that the parents agree upon themselves and does not involve the courts. However, often times, the courts get involved and the financial assistance is decided by the law. Usually, if you're the one that has to pay, it's best to get a child support attorney to oversee your case. By doing so, you'll feel at ease knowing you are paying what's fair and not being taken advantage of by the parent that has custody. Keep in mind that such costs will take care of the kid's basic needs such as food, clothing, and shelter. In addition, you will need to keep in mind that the courts may consider costs for school as well as medical care.
Determining Payment Amount
There are numerous factors that will affect how much will need to be paid when it comes to monetary assistance. One of the first things that needs to be done is that both parents will need to reveal their finances to the courts. This should include all money made each month as well as expenses that are paid out each month. Having a child support attorney during this time will prove to be helpful. In addition to basic financial information, the courts can also consider your earning potential for the future. This means that if you have a job that shows you may make a certain amount as a gross income, but actually have the ability to make much more, the necessary monthly amount paid for the child may increase to reflect the potential for increased income. Furthermore, the living conditions before the parents separated will be taken into consideration since the courts would like the quality of life to remain constant if possible. After this information is defined, the courts usually take all of this into consideration and come up with a fair amount that has to be paid to maintain the living conditions.
Ensuring Payment is Made
Sadly, there are some parents that do not want to pay money to help aid their kids. As a result of this delinquency, you will need a good child support attorney to help navigate the process. There are ways for the courts to get the money needed, such as by serving the non-custodial parent with an official document that will state in writing that he or she should pay the money. If this does not work for whatever reason, the courts have the right to garnish wages, take tax refunds and even put a lien on a property if necessary.
Definition
When a couple has a kid, sometimes they do not stay together. If separation occurs, there will be a time when the parent that has full custody and is raising the kid will need financial assistance. This assistance can be something that the parents agree upon themselves and does not involve the courts. However, often times, the courts get involved and the financial assistance is decided by the law. Usually, if you're the one that has to pay, it's best to get a child support attorney to oversee your case. By doing so, you'll feel at ease knowing you are paying what's fair and not being taken advantage of by the parent that has custody. Keep in mind that such costs will take care of the kid's basic needs such as food, clothing, and shelter. In addition, you will need to keep in mind that the courts may consider costs for school as well as medical care.
Determining Payment Amount
There are numerous factors that will affect how much will need to be paid when it comes to monetary assistance. One of the first things that needs to be done is that both parents will need to reveal their finances to the courts. This should include all money made each month as well as expenses that are paid out each month. Having a child support attorney during this time will prove to be helpful. In addition to basic financial information, the courts can also consider your earning potential for the future. This means that if you have a job that shows you may make a certain amount as a gross income, but actually have the ability to make much more, the necessary monthly amount paid for the child may increase to reflect the potential for increased income. Furthermore, the living conditions before the parents separated will be taken into consideration since the courts would like the quality of life to remain constant if possible. After this information is defined, the courts usually take all of this into consideration and come up with a fair amount that has to be paid to maintain the living conditions.
Ensuring Payment is Made
Sadly, there are some parents that do not want to pay money to help aid their kids. As a result of this delinquency, you will need a good child support attorney to help navigate the process. There are ways for the courts to get the money needed, such as by serving the non-custodial parent with an official document that will state in writing that he or she should pay the money. If this does not work for whatever reason, the courts have the right to garnish wages, take tax refunds and even put a lien on a property if necessary.
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