Child custody and child support are two issues that spouses may have to face and resolve during a divorce proceeding. Though both issues concern the welfare of their child, one is totally different from the other. And whatever decision the court may arrive at regarding these issues, two very things must be complied with by both spouses: first, that the custodial parent must never deny the non-custodial parent his/her visitation time; and, second, that the non-custodial parent must neither escape nor stop his/her (financial) support for the children even if he/she is being denied his/her visitation time.

Child support is the monthly financial assistance that the non-custodial parent (known legally as the obligor) pays to the custodial parent (known legally as the obligee). Despite the former’s regular payment, the latter must never have the erroneous thought that financial support for the child is the mere obligation of his/her non-custodial former spouse since he/she, as custodian, is already providing his/her time, attention and care for the child. Another important thing that the custodial parent needs to know is that whatever support payment is given, the whole of it should only be used for the child’s needs, such as food, clothing, shelter, education and medical care.

In determining how much monthly support the non-custodial parent should be pay, the following factors are considered: the child’s age and needs, and the cost of these needs; the parent’s age and income (income may include salary, overtime pay, dividends, commissions, etc.), and so forth.

Payment of child support cannot be waived by the non-custodial parent; this is true even if the custodial parent (together with the children), or the non-custodial parent, moves to another state (there are also legal concerns that need to be observed in case of plans to move to another state as this will definitely affect the non-custodial parent’s visitation rights). This is why many states now work together, especially for purposes that include collection of child support payment and locating a parent who may have moved to another state in the hope of escaping his/her payment obligations.

According to the website of Arenson Law Group, PC, anyone who refuses to pay his/her child support obligations can face any or a combination of the following sanctions: garnishment of his/her wages; seizure of his/her bank account/s; seizure of his/her income tax refund; fines; suspension of his/her car registration or driver’s license; and, the possibility of time in jail. Therefore, non-payment is never an option.


read more