Introduction
Child support is the financial contribution one parent pays to the custodial parent, who has physical custody of the child, to cover the child’s care. The payment amount is determined by the judge during the child support hearing or can be agreed upon in a custody agreement. Typically, child support is paid monthly and includes expenses for child care, health insurance, medical care, education, and extracurricular activities.
If circumstances change, such as a parent losing their job, they can apply for a modification of child support after a court order has been issued.
Both parents are obligated to provide child support, and if the father’s paternity is in question, the court may order a paternity test. Usually, the non-custodial parent is responsible for making the child support payments.
You are not legally required to hire a lawyer for your child support case, but it can be beneficial in many situations. The child support services agency can assist with child support enforcement and other related matters.
However, there are instances where hiring a private attorney is necessary, especially during a divorce or child custody dispute when you and your spouse cannot agree on custody or support terms. For example, disagreements about alimony or parenting time may arise.
A judge may need to intervene and make decisions when couples have disputes. Having a lawyer to represent you can increase the chances of achieving a favourable outcome.
The Supreme Court recently issued a six-month imprisonment sentence and a ₹25 lakhs fine to a non-resident Indian for contempt of court. The individual failed to comply with the court’s orders and undertakings, which required him to bring back his minor son to India, as specified by the court on various occasions.”
Purpose of a Child Support Lawyer Near Me
A child support lawyer in Chennai plays a crucial role in family law cases concerning child support matters. They provide assistance in understanding the legal aspects and state laws related to child support. Additionally, they offer guidance throughout the process, explaining what to anticipate at each stage. The lawyer evaluates your case and provides appropriate legal advice on how to proceed. They also calculate the expected child support payments and represent you in court hearings to safeguard your rights. Furthermore, they negotiate on your behalf during the legal proceedings.
Difference Between A Child Support Lawyer and A Child Custody Lawyer
| Aspect | Child Support Lawyer | Child Custody Lawyer |
| Focus | Financial support for children | Custody and visitation arrangements |
| Role | Calculate child support payments | Establish custody and visitation |
| Represent clients in court hearings | Negotiate parenting plans | |
| Modify child support orders | Address visitation rights | |
| Ensure children’s financial needs are met | Determine best interests of children |
Why Do I Need a Child Support Attorney in Chennai?
- Hiring a child support attorney is worth it, especially if your case is in court.
- An attorney can handle complex cases and convince the judge to rule in your favor.
- If the other parent has a lawyer, it’s essential to have one too to level the playing field.
- A lawyer knows how to calculate child support accurately.
- They help you gather the right documents for your case.
- Child custody issues often go hand-in-hand with child support cases, and an attorney can assist with both.
- Modifying child support becomes easier with a lawyer’s guidance.
Questions to Ask Before Child Support Case
You need to ask a few questions to yourself before hiring a child support attorney. Keep them in mind:
- Is the father’s paternity confirmed?
- Is there an ongoing custody case in court?
- Can you and your ex-partner agree on child support terms?
- Do you have the means to enforce child support after a court order?
- Are the child support obligations ending soon? Is your child reaching 18 or about to graduate high school?
- Will child support impact your finances or tax return?
- What amount of child support do you anticipate receiving?
Consequences of Not Paying Child Support and Spousal Support
- The Court decides the payment amounts and schedule.
- If you refuse to pay, your property may be seized.
- Your business license can be cancelled.
- Your driver’s license can be cancelled.
- Tax refunds may be revoked.
- Your salary might be garnished.
- You could face jail time.
Income Considerations for Child Support Payments
- Courts consider various types of earned income and payments when determining child support obligations.
- Earned income includes wages, salaries, shares of partnership, success and signing bonuses, deferral fees, and interest on company pensions.
- Recurrent passive income, such as dividends from investments, is also taken into account for child support calculations.
- The income of both parents is considered when determining child support payments.
Conclusion
If you’re dealing with child support matters in Chennai, hiring a child support lawyer can be highly beneficial. These legal professionals specialise in handling child support cases and can assist you in navigating the complexities of the legal system. A child support lawyer in Chennai will help you understand the various factors considered by the courts in determining child support payments, including earned income, wages, bonuses, and other financial elements. They will represent your interests, ensure the appropriate documentation is gathered, and work to achieve the best possible outcome for your child’s well-being.
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