Frequently Asked Questions on Child Support
How does child support work when you do joint (50/50) custody?
In Kenya, child support is determined based on the child's
needs and the parents' ability to provide financial support, rather than on the
amount of parenting time each parent has. Therefore, if you have a joint (50/50)
custody arrangement, it does not necessarily mean that you will not be required
to pay child support.
In a 50/50 custody arrangement, each parent is responsible
for providing for the child during the time they are in their care. However,
the court may order one parent to pay child support to the other parent based
on factors such as the child's expenses, each parent's income, and the child's
standard of living before the separation.
If one parent earns significantly more than the other, they
may be required to pay child support to ensure that the child's needs are
adequately met. The amount of child support will be based on the child's needs
and the paying parent's income.
It's important to remember that child support is meant to
ensure that the child's basic needs, such as food, clothing, and education, are
met regardless of the parenting time arrangement. Therefore, even if you have a
50/50 custody arrangement, you may still be required to pay child support if
the court determines that it is necessary to meet your child's needs.
It's advisable to seek the guidance of a family lawyer in
Kenya to help you understand your rights and obligations regarding child
support in a 50/50 custody arrangement.
Source: PinterestIf we have joint (50/50) parenting time, do I have to pay child support?
Child support is determined based on the child's needs and
the parents' ability to provide financial support, rather than on the amount of
parenting time each parent has. Therefore, if you have a 50/50 parenting
arrangement, it does not necessarily mean that you will not be required to pay
child support.
If one parent earns significantly more than the other, they
may be required to pay child support to ensure that the child's needs are
adequately met. The court will take into consideration factors such as the
child's expenses, each parent's income, and the child's standard of living
before the separation.
Ultimately, the court will make a determination on child support based on what is deemed to be in the best interest of the child. It is advisable to seek the guidance of a family lawyer in Kenya to help you understand your rights and obligations regarding child support.
My ex-partner is not letting me see the kids. Can I just stop paying child support?
No, you cannot just stop paying child support because your
ex-wife is not letting you see the children. Child support and parenting time
are separate legal issues in Kenya, and one cannot be used to punish the other.
Child support is meant to ensure that the child's basic
needs, such as food, clothing, and education, are met regardless of whether or
not you have parenting time. Therefore, failing to pay child support can lead
to legal consequences such as court orders, wage garnishments, or even
imprisonment.
If your ex-wife is not allowing you to see the children, you
can seek the assistance of the court to enforce your parenting time rights. You
may need to file a petition in court, seeking an order that grants you
parenting time. The court may also order mediation or counseling to help
resolve the dispute.
It's important to remember that your child's well-being should always come first. Therefore, it's advisable to seek the guidance of a family lawyer in Kenya who can help you understand your rights and responsibilities regarding child support and parenting time.
My orders say 50/50 custody and no child support, but my 14-year-old has moved in full-time with my ex-wife. Does that change my child support?
If your 14-year-old child has moved in full-time with your
ex-wife, that can be considered a change in circumstances that may affect your
child support obligations.
Even if your court order says that there is no child support
to be paid, if your child is living with your ex-wife full-time, you may need
to revisit the child support arrangement. In Kenya, child support is based on
the child's needs, and the amount of support can change depending on the
child's living arrangements.
To change your child support obligation, you will need to
file a petition with the court requesting a modification. You will need to
provide evidence to show that there has been a significant change in circumstances
that affects your child support obligation. This may include information about
your child's new living arrangements, such as the increased costs of living
with your ex-wife full-time.
It's important to note that child support is meant to ensure
that the child's basic needs are met, regardless of which parent the child
lives with. Therefore, it's important to prioritize your child's best interests
when pursuing any modifications to child support or custody arrangements.
You may want to consult with a family lawyer in Kenya to help you understand your options and the legal process for modifying child support obligations.
Do you have to pay child support if you have sole custody?
In Kenya, child support is determined based on the child's
needs and the parents' ability to provide financial support, regardless of the custody
arrangement. Therefore, if you have sole custody of your child, it does not
necessarily mean that you will not be required to pay child support.
If the other parent has a legal obligation to provide
financial support for the child, such as through a court order, then they may
still be required to pay child support even if you have sole custody. The
amount of child support will be based on the child's needs and the paying
parent's income.
It's important to note that child support is meant to ensure
that the child's basic needs, such as food, clothing, and education, are met.
Therefore, even if you have sole custody of your child, you may still be
required to pay child support if the court determines that it is necessary to
meet your child's needs.
It's advisable to seek the guidance of a family lawyer in
Kenya to help you understand your rights and obligations regarding child
support in a sole custody arrangement. They can help you navigate the legal
process and ensure that your child's best interests are protected
What does joint custody mean for child support?
In Kenya, joint custody generally means that both parents
have equal decision-making authority regarding the child's upbringing, but it
does not necessarily mean that both parents will have equal parenting time.
Therefore, child support obligations can still apply in joint custody
arrangements.
If there is a court order for joint custody, the court will
usually consider the income and financial resources of each parent, as well as
the needs of the child, when deciding child support obligations. The court may
order one parent to pay child support to the other parent based on factors such
as the child's expenses, each parent's income, and the child's standard of
living before the separation.
In a joint custody arrangement, the court may take into account
the amount of parenting time each parent has with the child when determining
child support obligations. The parent who spends less time with the child may
be ordered to pay child support to the other parent. Therefore, even if you
have joint custody, you may still be required to pay child support if the court
determines that it is necessary to meet your child's needs.
If you have questions about child support in a joint custody
arrangement, it's advisable to seek the guidance of a family lawyer in Kenya.
They can help you understand your rights and obligations and guide you through
the legal process.
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