Child support is crucial for many families to meet children’s needs after parents separate. However, such an arrangement rarely goes without disputes over its amount, late or missed payments, and how it’s used, among other things. This often causes emotional stress for both parents and affects the kids and new partners involved, too.
In this family’s case, the conflict rose from the fact that the dad was late on payment due to their failing business. To resolve the situation, his ex suggested that his current wife pay it on his behalf, which didn’t sit right with his spouse, causing a quarrel between the parents.
Child support arrangements rarely go without disputes
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This family was no exception and it all started because the dad was late on his payment
Image credits: unsplash (not the actual photo)
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New partner isn’t legally responsible to financially support their stepkids
Image credits: unsplash (not the actual photo)
Quite a few things are causing tension in this family’s child support arrangement, which readers were quick to point out in the comments. One that is taking the front stage is the new partner that the ex-wife expects to pay child support instead of her husband. As most, and even the author herself, rightly mentioned, new partners aren’t responsible for financially contributing to their stepkids’ child support.
“Normally, if you remarry or live with a new partner, that won’t—in and of itself—affect an existing child support order. That’s because your new partner usually has no legal obligation to support your children from a prior relationship. And the child support guidelines in most states don’t use a new partner’s income when calculating child support,” explains legal encyclopedia Nolo.com.
Even if a blended family consists of divorced parents who both have children from their previous relationship, this doesn’t affect the child support agreements they have in place, as they’re legally both responsible for their own children. That said, this could change in case they have children together. Then their current support payments with ex-partners may be adjusted accordingly.
Another thing that readers were concerned about with this family’s child support agreement was that the dad paid child support even though the co-parents had a 50/50 custody agreement. That is a totally standard practice, as even with 50/50 custody, the parent who earns more may have to pay financial support.
Since the dad now earns less with the family’s business failing, it might seem that he should negotiate for smaller child support payments. However, the original poster, his current wife, clarified this, saying that their lawyers believe this factor doesn’t change anything, since in their state things operate differently.
“She has made more than us for about a year now but when we bring it up to lawyers, they all tell us the same thing. That it won’t change anything because they will go off of his “potential” for earning. This is why we have never gone back to court. We just see it as a waste of time and money if the courts won’t help him anyways,” she explained in the comments.
During child support disputes, it’s crucial to avoid involving children
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This family is far from being the only one whose child support agreement leads to quarrels. That’s why it could be useful to know how to handle and resolve them. The Law Offices of Robert A. Chapski suggests trying the following advice to address child support disputes:
Stay focused on the child: Parents should keep discussions centered on the child’s needs rather than personal grievances.
Be transparent: Both parties should keep and share detailed records of financial information, such as payments and expenses, and discuss concerns openly to avoid misunderstandings.
Review the child support agreement: Both parties should thoroughly understand their obligations and verify if their agreement complies with the legal child support guidelines in their jurisdiction.
Document everything: Parents should maintain records of payments, receipts and communication related to child support. These can serve as evidence in case legal action is necessary.
Consult an attorney: Parents may consult with an attorney for assistance in navigating disputes, ensuring compliance with child support laws and receiving representation in court if needed.
During child support disputes, it’s also crucial to avoid involving children in it and continue taking adequate care of them. The latter should involve open communication, focusing on the children’s needs, providing a stable and consistent environment, encouraging them to find healthy outlets, and seeking out professional help if needed. Disputes between parents can have a profound impact on children, so it’s important to minimize their consequences as much as possible.