Regardless of your status as a couple, both parents are obligated to provide for their children financially. This entails ensuring a child has adequate shelter, access to nutritious foods, and can seek out proper medical care when necessary. When sole custody is awarded, the non-custodial parent will be asked to remit child support payments, which ensure a child has everything he or she needs to lead a healthy life.
Roybal-Mack & Cordova, PC knows that child support can be a hot-button topic between divorcing couples in Santa Fe, NM. Our experienced divorce attorneys will shed light on this contentious issue by providing solid, unbiased advice on the best way to proceed, whether you’re receiving or paying child support.
The before-tax income of each parent is a major factor when calculating child support payments. The court will also consider how much time the non-custodial parent spends with the child. In general, child support payments may be lower when the non-custodial parent spends more time with his or her child. This is because it’s believed that the non-custodial parent is contributing to raising the child financially when the child is spending ample time at his or her home.
In some cases, the parent with sole custody may become frustrated by lack of payment from the non-custodial parent. This frustration can lead to a withholding of visitation rights until which time the parent is able to make payments once again. The logic seems sound; if a parent is unconcerned about their child’s financial future, it stands to reason that he or she would also be uninterested in playing a role in that child’s life.
While it’s definitely frustrating when one parent does not contribute financially, you should keep in mind that child support and visitation are two separate issues according to the court. Both obligations are mandated by the court, and failure to follow the rules handed down can land you in trouble from a legal perspective. In some cases, withholding visitation rights may even be considered contempt of court.
If your spouse refuses to pay child support as ordered, the best course of action is to consult with a family law attorney. There are legal processes in place to help parents address non-payment of child support. A person’s wages can be garnished, professional licensing can be put on hold, or the person might face jail time. You can also request that the child support order is modified, which sometimes makes it easier to remit payment.
No matter what type of family law issue you’re facing in Santa Fe, our skilled team of attorneys at Roybal-Mack & Cordova, PC is poised and ready to help. Schedule a consultation today by calling 505.832.3411. You can also contact us online to get answers to child support questions.