|
The high rate of incidence of separation
of parents as well as out-of-wedlock
births have caused too much distress and
suffering for a child in the world. With
it comes the complicated area of "Child
Support".
Child support is meant for providing
money to the child by court order when
child is not in the parent's custody in
order to provide the child his
subsistence level of assistance. The
amount of money to be paid by the
parents is determined by parent’s income
and other resources of assets. In this
connection it is also pertinent to
mention that the sometimes parents have
to pay child support after obtaining the
support order issued from law enforcing
authority or by some administrative
order.
There are two types of Child Support
arrangement: Custodial Child Support and
Non-custodial Child Support.
Non-Custodial support may be given by
some individual family and any other
organization registered by the authority
of the law. Parents are required to pay
money to non-custodial parties, the
amount of which is determined by the
appropriate judicial authority.
Various public and private agencies have
come forward to assist child support by
their various programs like locating
non-custodial parents.
Most of the developed countries have
framed certain guidelines regarding the
child support by the parents. Parents
should ensure better child care
including health, education and other
requirements for their child's
subsistence and better living standard
as the child enjoyed the same benefits
and care while the child is in his
parent’s custody.
The amount for child custody is
calculated using a number of variables.
Amount of child support pay depends from
their income by deducting taxes,
uninsured medical bills or the support
from other relationships. Sometimes
child support pay may directly go to the
recipient of the child (here the
non-custodial parents/organizations)
from the employers of the child’s'
parents where parents fail to pay
regular payment to support child. The
law enforcing authority may direct the
parents to deposit up to one year's
support payment to a fund on interest
bearing fund account for disbursement to
support child if payment becomes overdue
for a substantial period of time by the
parents. This method of such type of
payment support to child is adopted when
obligor spouse is self employed or
frequently changing jobs.
Amount of payment of child support is
also determined by the actual
expenditure incurred if the child would
have been in the custody of intact
family. Work/education related
expenditure and medical insurance cover
are also the determining factor of
fixing the amount of payment for child
support.
Modification of this child support order
can be done by applying to the
appropriate law enforcing authority. The
law enforcing authority may at their
discretion and the circumstances to
which the parents seek modification of
the child support order issued by them
amend the said order at any time
considering the best interest of the
child and the unease circumstances the
parents are experiencing.
Modification of child support order may
be classified as permanent modification
support order and temporary modification
support order. Permanent modification
support order may include in the
circumstances of remarriages of either
of the parents or there is an increase
in pay of parents.
Since, the modification of child support
can be done when the obligor and obligee
reach an agreement to modify the support
order and obtain a fresh modified
support order from the appropriate
authority, no child support order is
restraining and etched in stone.
Depending upon the circumstances, either
of the parents may approach the
appropriate authority for modifications
as per their changing needs.
In general, the authority may not issue
modified support order unless the
parents can show changed circumstances
with supporting evidence which may
warrant the modification of existing
child support order.
By no means without the consent and
fresh order issued from the competent
authority, the obligor can stop payment
to child support. Support order may
remain operative till the support is
required.
Since child support is designed to make
the child’s life better, support cannot
be stopped during its tenure. The law
does not treat child support as a
mandatory law, but as an obligation of
parents towards giving their children
better living and education despite the
situation of their careers or social
relationships. The only mandatory issue
about child support is that it cannot be
stopped. It can be modified as per
required needs and changes in life.
Child support and its components are
mandatory to fulfill and any changes can
be effected through a court order only.
|