When going through a divorce, having mutual children together can make things very complicated. Not only is there the issue of who will have primary custody of the child to deal with, but there's also the question of how much the other party should pay in child support. The best way to deal with family law matters like these is through the court system. If you plan on collecting or paying child support after your divorce, however, there are some myths that need to be debunked.
Myth: The Parents Have a Say in What's "Fair"
Some divorcing couples are under the assumption that they can agree on what's considered a "fair" monthly child support payment and not have to get the courts involved. However, this simply isn't how the legal system works. During the divorce proceedings, a judge will carefully calculate how much child support should be paid by the party without primary custody. This figure will be based on numerous factors, including the number of children being cared for, the payee's salary, and the amount of time the children spend with each parent.
Myth: Child Support Can be Discharged in Bankruptcy
Those going through a divorce should also understand that there's no way to get rid of the responsibility of paying child support if so ordered by the court. Some think that, if they file for bankruptcy, they can have their back child support discharged, but this isn't true. Child support is one of just a few types of debt that cannot be discharged in a bankruptcy (along with student loans). If you're experiencing hardship when it comes to paying child support, the best thing you can do is to consult with the court.
Myth: All Child Support Funds Must Be Spent Directly on the Child
Finally, the fact that you pay child support doesn't entitle you to knowing exactly how your child support funds are being spent. In fact, the person receiving the child support is under no legal obligation to disclose what the money is being spent on. As long as the children are being properly cared for, you don't have a say on how the money is spent. It can be used for rent, mortgage, groceries, fuel, toys for the children, or just about anything in between.
Now that you know the truth behind these common child support myths, you may be able to avoid problems down the road. If you need a divorce lawyer, contact Vega Acosta Law Firm.Share