Child Support

Child Support

The worst affected victims of divorce are probably the children. The most traumatizing situation for a child is perhaps seeing his or her parents getting separated. Being the constant witness to fights and emotional turmoil among his or her parents is certainly an unfortunate circumstance for a child. A divorce results not only separation of spouses but also breakdown of an entire family. As for a child both of the parents are dear to him/her. Being away from one of them can hamper his emotional state of mind severely. Hence, child custody and child support is an important affair in divorce that should be dealt with care to ensure a bright future for the child.

Child support is one of the most important forms of alimony or spousal support post divorce. As child support is for the benefits of the child, both the parents are expected to take the initiation to make proper provisions on child support alimony. Incase if it is a mutual divorce, parents should consult the lawyer to help them in dealing with the child support prior to the filing of the divorce petition. In a contested divorce the receiving parent must make it a point to claim a handsome amount from his or her spouse as the sum of money for child support is solely concerned with the welfare of the child.

Child custody is well related to child support as the parent who is awarded with child custody is the one who receives child support from the other parent or the one who gets the visitation rights. Though alimony is the part of taxable income for the spouse who gets it, but on the contrary the child support is exempted from tax for the person who is granted with the child financial support. The spouse who is paying the child support already pays the tax levied on the support amount to the government.

Child support and visitation rights also have a positive effect on the child. Due to frequent meetings with the separated parent will make him or her believe that he or she is still close to the parent. On receiving both the emotional and financial support from the other parent will certainly lead to a feeling that his or her parent still loves and cares for him.

Terms of child custody and support are elaborately mentioned in the Hindu Marriage Act, 1955. If the child is a minor, the mother is the unanimous receiver of the child custody and support. Children who are above the age of five, generally it is the mother who is granted with the child custody and support in case the child is girl while the custody of the boy passes on to the father. Generally child support is provided to the parent who has won the right of child custody but is not that economically sound enough to carry on with the maintenance of the child alone. In practice, the mother claims the child support from the father, who is financially well off.