Family law is a complex practice area that can involve various issues. These include determining child support amounts. Courts typically determine what it costs to raise a child and then split the total between the parents according to their incomes. Net monthly incomes must be accurately calculated. This includes wages, salaries, self-employment, bonuses, commissions, rental income and other sources.
Child Support Formulas
Generally speaking, parents share an equal legal responsibility to support their children. They fulfill this obligation by providing food, shelter, clothing, and medical and educational needs. Occasionally, when couples divorce or separate, the court will step in and direct one parent to pay the other a specific amount of money each month. Courts will use particular formulas to calculate the payment amount for child support. The process begins with figuring out how much it costs to raise one child in the parents’ jurisdiction. The cost is then divided by the parent’s combined net income. Certain items such as taxes, other support obligations, expenses related to running a business or alimony obligations may be deducted. The remaining figure is then multiplied by a specific percentage. The resulting number is then assigned to each parent. This percentage represents each parent’s pro-rata share of the basic child support obligation. Then, the non-custodial parent’s rate is added to the custodial parent’s proportional share of the total basic child support obligation.
However, even when a party must disclose all sources of income, obtaining an accurate picture of a person’s financial resources can be challenging. Many people lie about their income, and sometimes it is difficult for a court to determine the true gross income of a person. In such cases, the assistance of a skilled child support Red Bank NJ family law practitioner can be invaluable.
Custody
Under state law, both parents have a legal duty to support their children based on their ability. The court’s job is to determine a fair and accurate child support amount by following legal guidelines, such as the parties’ combined income, other children in the household that need financial support, parenting-time schedules and work-related daycare costs for the children.
The judge or support magistrate will ask both parents to prepare a financial declaration signed under penalty of perjury. The indications disclose the parties’ income, assets (including real estate and investments), liabilities and expenses. If either party experiences a substantial change in circumstances, the parent can ask for a modification of the child support order. The conversion must be filed in the Family or Supreme Court (divorce court). This may include the loss of a job, incarceration and changes in health insurance. If a parent does not follow the court’s custody or visitation orders, that parent can be found in contempt of court.
Visitation
In addition to child support, family lawyers also handle custody and visitation issues. These are typically emotionally charged cases, and the courts will decide based on what they consider to be in the children’s best interests. Family law practitioners must have strong negotiation skills to get their clients favorable court rulings. Aside from assisting with divorce, child custody, and visitation, family attorneys can also help with other transactional issues like pre-nuptial agreements and adoptions. Since each jurisdiction has slight nuances in its laws, family attorneys must stay current with their specific area’s laws. In addition, because of the emotional nature of these cases, family lawyers must have strong empathy skills to comfort their clients through stressful times. Whether it is a dramatic divorce or a joyous adoption, many people will be going through a lot of emotion and need a sympathetic ear.
Enforcement
Family lawyers also help their clients resolve disputes outside of court. For instance, they may assist a couple with a divorce by using alternative methods such as collaborative divorce. They might also help a client with a domestic violence case by filing for a restraining order or assisting them in other legal proceedings, such as guardianship. In addition, they might also act as a child advocate in court proceedings by helping the child comply with services and defending them against allegations of abuse or neglect. A family lawyer must have strong communication skills and be able to inspire trust in their clients. They must also be empathetic and genuinely interested in helping others, although they should remember that they are lawyers, not social workers or counselors. As a result, working in this area of law can be emotionally taxing. It is, therefore, important that a family lawyer has good stress management skills.
