BREAKING is hard to do no matter how you slice it, but when there are kids involved, it can get even trickier.
Ensuring you get the right amount of child support takes a lot of work, but one divorce lawyer has recommended three things to do to help you maximize the amount you’re entitled to receive.
TikToker and divorce lawyer Divorcelawyerdenise shared her opinion on what needs to be done in a TikTok post that received over 54,000 views.
In her video, Denise described three things you can do to help your child support case.
1. Develop a strategy with a lawyer
Denise recommends working with a lawyer and not trying to negotiate the terms on your own.
She said it’s imperative to figure out how to prove your spouse’s total income.
This is because it is the key factor generally used to determine the amount of child support paid.
Some states consider the income of both parents, but others only consider the income of the non-custodial parent, according to divorcenet.com.
It also highlights that some states work on gross income, while others consider net income.
In most states, the percentage of time each parent spends with children is another important factor, according to the same site.
In addition to a salary, there are other assets a judge may consider, including stocks and bonds, according to Lawinfo.
Each state has its own formula for calculating child support, and judges adhere to those formulas when making a decision, according to divorcenet.com.
There are also limits to the maximum amounts that can be charged, depending on the state in which you live with the child or children of the marriage.
A 2019 study with data from the Pew Research Center compiled a state-by-state ranking, which listed Massachusetts as the state that taxed the highest child support payments, with an average of $1,187 per month .
Virginia mandated the least support at $402 per month.
“Investigate, investigate, investigate,” advised Denise.
The lawyer felt that people who pay a lot of things in cash could end up in a situation where they don’t report all of their income.
She says there should be a lot of receipts in this case and you have to be vigilant to find them.
If the spouse refuses to cooperate, the divorce attorney said another way to gather the required income information is to obtain a subpoena.
She said it would help access income and bills and get a clear idea of how much they are spending and on what.
His post received nearly 1,500 likes and more than 100 comments.
Not all were positive.
One user said, “why can’t lawyers encourage people to get the appropriate amount of child support instead of the maximum.”
Another, Fatima, wanted advice on her own situation. “My husband transfers all his income to a foreign country and his mother’s name. How should I do it ? »
Another user said what a lot of people think about divorce: “dividing families is sad.”
Besides @divorcelawyerdenise’s own advice, there are criteria to consider when calculating child support.
According to Divorcenet.com, most states consider at least some of these other factors:
- child support or alimony that either parent receives from a previous marriage
- whether either parent is paying child support or support from a previous marriage
- whether one parent is responsible for children from a previous (or subsequent) marriage
- which parent pays for health insurance, and the cost
- which parent pays for child care and cost
- whether either parent is required to pay union dues or have other amounts deducted from their paychecks
- children’s ages
- if either parent receives irregular income such as bonuses or incentive bonuses, or expects severance pay or other lump sum payments, and
- if either parent lives with a new partner or spouse who contributes to household expenses.
Here is a guide to child support laws by state.
Here’s more on three trends divorced or divorcing couples can expect this year.
Plus, a divorce lawyer says you should avoid marrying men with these five jobs.