There are many instances wherein divorcing parents cannot come into an agreement concerning the amount of the child support. This is the reason why most of the parties seek for the aids of the court in settling the disputes. When it comes to deciding the case about child support, the judge will take into consideration a lot of factors.
First of all, the judge needs to adhere to the “best interests of the child” rule or principle. In a catena of cases, the Supreme Court ruled that the rights and interests of the kids involved must be made as the primary considerations in rendering a child support order. The needs of the children will be determined and given value in order for the court to have an estimate of the weekly or monthly expenses that should be provided to the kids. Some of the basic needs that must be included in the making of the estimation are education, extracurricular activities, food and clothing. The amount must be sufficient enough to answer for all the needs of the children.
Second, the court will also examine the financial capacity of the parents to provide for the support and maintenance of the children. It must be noted that there are certain allowable deductions from the gross income of the parent who is ordered to pay the child support. When we speak of deductions, this refers to the amount of expenses that a mother or father may have paid which shall not be included in the computation of the net income. This is important since it has an effect of indirectly decreasing the taxable income of the parent. Hence, the tax payable will be lesser.
If you are one of the parties to a child support case, make sure that you are in constant communication with your lawyer. The purpose for this is to ensure that you are well updated with all the happenings pertaining to your case. Discuss with your attorney the proper remedies that you can take in order to place yourself in a better position than the other party. Take note that you are allowed to present the testimonies of credible witnesses to support your claim. Always remember that when it comes to court proceedings, it is imperative to comply with all the provisions of the Rules of Court. Failure to follow a particular remedial law provision may prejudice your case. Hence, the choice of a legal counsel must be made thoroughly.