Today, this legal problem is one of the most common issues in our society. When a child is born it is an obligation to provide him with the best care possible. But, most often the mother is left alone in this obligation and the only option in order to get financial assistance from the father is to file for a petition for a child support.
This is based from the basic principle that every parent has the primary obligation to support his child. This applies to children of person who did not even live together as husband and wife. For as long as the paternity of a child is ascertained, the parents are compelled under the law to support the child. If the paternity of the child is contested, then it can be resolved in a court litigation.
The child support assessment is also crucial. This is a procedure to determine the capacity of the parents to render adequate support to a child. Under the law, a parent is obliged to take care of his offspring. If he refuses to comply with the court order for child support, then he can face fines or penalized for non-compliance of a court order.
Here are the basic facts on how to get a child support for your kid. It is a right which is protected by our laws since it involves minor children. First, you have to understand the basic legal background of child support. This law imposes on the care arrangement and other obligations of parents to their children.
In every family, the courts will always consider the unique features, which will affect the welfare arrangements of the minor children who are affected by the divorce. The courts takes into account the prevailing circumstances and renders a fair judgment which will be doable to the spouses concerned.
In the promulgation of the child support, the courts will always consider the facts such as the income of both spouses. The courts will also examine on the details of each situation.
For instance, if you are the guardian, relative of the grandparents of a child under your care, then you are allowed to file a petition in court for the support of the child under your custody. If both parents are living, then both parents may be obliged to give financial support to the person who takes care of the minor child.
The computation of the formula of the child support is based on the independent research conducted as to the cost of raising a minor child. Under this law, it is also mandated that children from the first and subsequent families should be treated fairly or in equal footing.
The courts also follows the so-called child support period of 15 months or even shorter. This means that the formula on the amount of child support to be granted can be reassessed depending on the need and the circumstances of your case. This is done in order to meet the cost of living in raising a child.
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