Myths vs. Facts when it comes to Child Support
Knowing the facts of child support can be difficult when you hear a lot of conflicting views from fellow friends and family members. The divorce lawyers at Larsen Law Firm in Provo can help you to know fact from fiction when it comes to the legalities of child support. Below are just some of the myths we have heard and what is actually true when it comes to child support.
Myth: Joint Custody means no child support.
Fact: Most parents have “joint legal custody,” which means they share in making decisions about five major areas affecting the children: residence, religion, recreation, education or day care, and non-emergency medical treatment. “Physical custody”, now called “timesharing” or “periods of responsibility”, describes when the children spend time with each parent. Typically, the children spend more time with the primary custodial parent, and weekends, alternating holidays, and part of summer with the other parent. Because child support is based on combined income as well as time spent with each parent, one parent usually owes child support to the other, even if they have “joint custody”.
Myth: Divorcing parents can pick an amount they think is “fair” in regards to child support
Fact: The amount of child support is in fact determined by state statutes. This provides a formula that will determine how much child support is owed. The items taken into consideration are on each parent’s income, amounts paid for health and dental insurance for the child, the number of overnights spent with each parent, transportation expenses for the child to travel from one parent to another, extraordinary medical expenses, and other matters.
Myth: Filing for Bankruptcy gets rid of child support payments
Fact: Child support is one of the few debts that cannot be discharged by bankruptcy. After the bankruptcy is discharged you may even owe back payments. The positive side of this is that you no longer owe massive amounts of debt and can now make your child support payments a little easier.
There are a lot of myths out there regarding child support. Rather than getting the wrong idea, you should consult with your divorce lawyer at Larsen Law Firm in Provo. We have the knowledge and expertise you need regarding all the legalities of divorce and child support. For more information on our firm feel free to browse our website.