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Child Support: A Legal Battle Worth The Fight

Posted in Child Support on 22nd February 2012

Child Support: A Legal Battle Worth The Fight
For some married couples, separation is inevitable. Whether they decide to file for a divorce, an annulment, or a legal separation, parting ways is sometimes seen by couples as their only option in order to move on with their lives. There are times when people give up on their marriage even if the law has already sealed it, and when this happens, they turn to a lawyer for legal advice.

Lawyers are consulted on how to make the separation smooth and beneficial for both parties. Making the separation legal is important, especially if one or both parties plan to marry again after their separation. Moreover, children may also be involved, so custody over them must be properly decided in court.

Child support has long been a problem for separating couples, and the issue affects their children as well. There are cases when the child suffers because both parents refuse to give money to support the child. This is why several cities in America have put up enforcement agencies and departments to ensure that no child goes unsupported, and Jacksonville is one of them.

When it comes to child support enforcement, Jacksonville, FL takes it seriously. The citys experienced attorneys are deemed to be dependable when it comes to issues in family law. The whole process of fighting for child support may be expensive and emotionally taxing, but in the end, it is all worth it when you know that your childs future will be taken care of.

For issues on child support enforcement, Jacksonville attorneys remind their clients that the court may have different considerations as to how much financial support a child will receive. The income of both parties is the main factor, but certain situations call for amendments in the amount. Even so, through a Jacksonville lawyer, your rights for custody remain defended and your name aggressively represented.

So if you are in need of child support enforcement, Jacksonville has lawyers you can definitely depend on. They do their best in helping their clients reach an agreement that is favorable for all concerned parties. Getting good legal advice is the first step that parents need to take to fulfill their responsibilities to their child when they decide to go their separate ways.

Child Support Laws-What Every Parent in a Child Custody Battle Should Know

Posted in Child Support on 1st January 2011

Child Support Laws-What Every Parent in a Child Custody Battle Should Know

A quick look at the history of how child support laws were enforced clearly illustrates the obvious short-comings of that system.

Simply put, judges considered basically two factors:

1) The parent’s ability to pay.

2) What the child would need.

It goes without saying, child custody and support, especially as a part of divorce settlements, are emotionally-charged situations. With the system as it existed, the parties were reluctant to come to amicable settlements or agreements prior to entering the court rooms for final dissolutions.

Thus, a lot of the details were left in the hands of the judges which led to great discrepancies and inconsistencies. There was also the inherent belief with most that it was almost always best for the children to remain with their mothers as custodial parents.

The result was there were many who left the court rooms with a great deal of hurt and resentment. Combined with support orders, visitation agreements and maybe the lack of cooperation, and perhaps a general lack of respect for the Law, many failed to comply.

When child support was not paid, many families were forced to become part of what was then referred to as the Federal Government’s Aid to Families with Dependent Children. As the federal expenses increased, the Aid For Dependent Children (AFDC) was established. This program obligated states to follow guidelines provided by the Secretary of Health and Human Services to step-up their enforcement practices.

In 1974, the FSA (Family Support Act) was enacted by the US Congress requiring states to establish agencies tasked to enforce child support orders. Compliance was to be determined by the Office of Child Support Enforcement.

Ten years later, the CSEA (Child Support Enforcement Amendment) was Congress’ way to standardize the way child support would be calculated. These guidelines were first presented to those in family law as a means of determining more fair and equitable child support orders.

In 1988 Congress Acted Once Again

The PRWORA (Personal Responsibility and Work Opportunity Reconciliation Act) set standards for the states to follow. The new Federal law required the states to set criteria for exceptions to those standards or when modifying custody or support payments.

The TANF (Temporary Assistance to Needy Families) program came to replace AFDC in 1996. The Federal Government made grants to the states and gave more enforcement power to follow up on delinquent child support payments.

They also set it up for paternity to be established through the state courts, so marital status became irreverent as to the welfare of the child. Enforcement measures could now include the placement of liens on professional licensing if one were found to be delinquent on support payments. It was also required that states worked together to follow-up with child support