How much should you pay for child support? What happens if you don’t pay child support? And what if you’re one day late in making the payment? In today’s blog, we answer these and other questions.
We Answer 5 Common Questions About Child Support
EBL Law Group Managing Partner Estefan Encarnacion appeared as a guest on the LA morning show Manaña Latina, where he answered some common questions about child support. Keep reading to learn more.
1. How Much Should You Pay for Child Support?
Encarnacion explains that there’s no single answer to this question, because the amount of money a parent pays in child support will vary depending on factors such as:
- The percentage of time you spend with the child
- The number of children
- The income of each parent
- The difference between the incomes of each parent
The attorney provides a general rule for how child support is determined: “The more time you spend with the children, the less money you have to pay, because you are paying with your time.”
2. What Happens When One of the Parents Is Unemployed?
“This is a tough question,” Encarnacion says. “Because the law is written in a way that requires parents to financially support their children.”
“If you’re not working, there has to be a valid reason that you can prove in court, such as a medical disability. It can’t be just the fact that you know that if you work, a part of your money will go to child support.”
3. If I Pay Child Support Can I Tell My Former Spouse How To Use the Money?
Even if the person who pays child support disagrees with how the other person spends the money, there’s very little they can do.
“You have to keep in mind that child support refers to all the things a child needs. That means putting a roof over their head. That means food, transportation. You cannot impose limits and say ‘This money is for my son’s food only or his clothes, nothing more.’ The person who pays child support has no right to tell the other person how to spend the money.”
4. What Happens if You Don’t Pay Child Support?
“When you neglect to pay child support, many things can happen, and none of them are good” quips Encarnacion.
First off, interests will begin to accrue, meaning that you will have to pay more money than the amount you originally owed. Other possible consequences include:
- Wage garnishment: The money you owe will be taken directly from your paycheck.
- Tax refund garnishment: Your tax refund is used to pay your child support debt.
- Bank levy: The child support you owe is taken directly from your bank account.
- Property lien: This prevents you from selling, transferring, or refinancing a property until your child support debt is paid.
- Revocation or suspension of professional licenses
5. What Happens if I’m a Day Late With Child Support? Is There a Fine?
“This is hard to determine because, at the end of day, the person in charge of enforcing the payments is the parent who receives the money.”
DISCLAIMER: The material on this website is for general information only and is not to be construed as legal advice or opinion, and does not constitute or create an attorney-client relationship between you and EBL Law Group.
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