Contrary to popular belief, both parents, rather than just the non-custodial parent, have a legal obligation to support their child financially that cannot be ignored. The final child support obligation allocated to each parent can vary widely and depends on several elements tied to each parent’s income and other factors.
Even if a fundamental change in circumstances makes a previous child support order untenable or insupportable, this does not mean a parent can stop paying child support. Doing so can open them up to serious legal and personal ramifications. A Milford child support enforcement lawyer can help you take legal action when your co-parent neglects their child support obligation. When necessary, a skilled attorney can help you seek back payments and file a motion for contempt.
While the total child support obligation assessed for either parent reflects several circumstance-specific factors, Connecticut follows relatively clear guidelines for calculating that amount. The net income of both parents is a key deciding factor. Connecticut’s child support formula includes each party’s gross income from all sources, including earned income from a job and passive investment income, while deducting certain mandatory expenses to arrive at each parent’s final net income amount.
Recurring costs that a court can deduct to calculate the net income of each party include costs such as spousal support and health insurance premiums. In addition to the net income of each party, how many children they have together will also factor into the ultimate calculation. It is important to note that variances in the child support amount can and do occur.
For example, if one parent’s net income is significantly higher than the other or the child has particular needs that will increase the cost of their daily care, such as special schooling, this could result in a deviation from the standard state child support formula. A Milford attorney can clarify the state’s child support guidelines and options for enforcement when one party fails to hold up their side of the agreement.
The law affords numerous avenues to enforce a child support order, and a Milford attorney can guide a parent as to which is appropriate for the situation. It can be possible to avoid the courts altogether. Sometimes, getting a lawyer involved can influence the non-complying parent to fulfill their obligations under the existing child support agreement.
In other cases, it may be necessary to seek judicial intervention. One option is to file a motion to hold the other party in contempt. The court will then order a hearing to assess the circumstances and determine the next steps. When the court decides to hold the non-compliant parent in contempt, a range of potential consequences can ensue.
These can range from fines to jail time. In a worst-case scenario, a court could charge the non-complying parent with a criminal offense. The court may also take enforcement measures ranging from wage garnishment to forfeiture of certain assets, benefits (i.e., Social Security), or licenses to recover any back payments the parent owes.
When you face an enforcement issue with your former partner or spouse about child support, you should not bear the brunt of exerting your legal voice alone. A Milford child support enforcement lawyer can represent your interests before the court. An attorney can seek every penny owed for the care of your child through all legal vehicles open to you. Call now to discuss your options with our team.
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