How do I keep the mother of my child from harrassing me for more child support?
05/05/2009 - Category:Divorce - Child Support - State: ALL #16573
My baby's mom is taking me back to court for child support. I explained to her that it is taken out of my check every payday. Instead she takes me to court stating that I make more; however, I make less. What could my defense be in a case like this, because I feel I’m the victim because the judge gave me visitation rights that she still doesn’t obey. What can I do to keep her from harassing me this way?
A custody agreement between unmarried parents or a court order can clarify custody, visitation and support issues. Unmarried parents without custody are entitled to the same visitation rights as divorced parents, absence extraordinary factors such as abuse or domestic violence. In determining child support obligations, courts generally hold that each parent should contribute in accordance with his or her means. The court may order either or both parties to pay child support in an amount reasonable to provide for the child's necessary needs. Child support is a mutual duty, although the primary caretaker of preschool children may not be required to obtain employment. In response to federal legislation, state laws regarding child support payments have become more severe. State laws can require employers to withhold child support from the paychecks of parents who are delinquent for one month. Employers are to be held responsible if they do not comply fully. State laws must provide for the imposition of liens against the property of those who owe support. Unpaid support must be deducted from federal and state income tax refunds. Expedited hearings are required in support cases.
Child support guidelines are statutory in Illinois, based on a flat percentage of income model based on net income. The court may deviate from the guidelines when it finds that the application of the guidelines would be inappropriate, after consideration of certain factors. The factors a court will consider when ordering child support for parties to a dissolution of marriage proceeding may be instructive in how a court will determine the child support amounts required for unmarried parents. The factors include:
1. The financial resources and needs of the child;
2. The financial resources and needs of the custodial parent;
3. The standard of living the child would have enjoyed had the relationship not been dissolved;
4. The physical and emotional condition of the child and his educational needs; and,
5. The financial resources and needs of the non custodial parent.
If the court deviates from the guidelines, it must state its reasons for deviating from the guidelines and state the amount which would have been required under the guidelines. The court shall also include in any order for child support a provision providing for the health care coverage of the child.
Parties may bring petitions to enforce or modify court orders such as those relating to child custody, visitation rights and/or support. An order for child custody, visitation and/or support may often be modified based on a new set of circumstances which occurred since the original order was issued. Modification of child support and custody orders can be commenced by filing a petition to modify according to local court rules and state rules of civil procedure, which vary. Typically, to modify child custody or visitation, the parent seeking a modification must show a "significant change of circumstances" that would support such a modification. Change of circumstance, in the context of child support orders, refers to a significant change in the conditions that existed at the time of the order. Change of circumstance is governed by state laws, which vary by state. The courts will assess not simply whether a change occurred, but whether that change is significant enough to warrant a modification in the award by the court. Some of the factors which may be considered in adjusting the child support amount, among others, may include:
1. Change in financial circumstances of the parents or the support guidelines which would increase or decrease by a certain percentage the amount due;
2. A change in income, work-related child care costs, and health insurance premiums which, if changed, could constitute a material change of circumstances;
3. Emancipation of the child.
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05/05/2009 - Category: Child Support - State: ALL #16573
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