Do you have children and considering filing for divorce? Is it likely to receive child support while the case is pending? Divorce has become all too common place in today’s society. In fact, half of all marriages end in divorce.
When two parties decide to get a divorce and children are involved, the court will make the non-custodial parent pay child support to the custodial parent. Therefore, if you are awarded custody of your child, then your ex-spouse will be ordered by the court to pay you child support.
The amount of money that the court orders the other spouse to pay in child support is determined by two factors: (1) How much the spouse owing the child support to the custodial parent is currently earning; and (2) the number of children to be provided for.
Recently, Congress has mandated that all courts receiving grants by the government are required that the non-custodial parent pays the custodial parent child support based on its guidelines. Only in rare occasions does a non-custodial parent not pay child support.
In the case of Yokley v. Yokley, a wife was awarded primary physical custody of her two children. The husband was required to pay $759.78 per month in child support. However, while the divorce action was pending, the father did not make any child support payments.
The appellate court decided that the trial court should have required that the father pay retroactive child support payments during the pendency of the divorce action. The Alabama Court of Civil Appeals noted that “parental support is a fundamental right of all children and that the failure to require a noncustodial parent to pay child support while a divorce action is pending is or to make a child support obligation retroactive is reversible error.”
If you have children and you find yourself contemplating divorce, then it is important to consult with a knowledgeable family law attorney who will help guide you through the process.
If you have children and seeking a divorce lawyer, contact Ingram Law LLC at (205) 335-2640.