The divorce of a couple is a difficult and stressful situation for both parties. This situation is made even more difficult when children are involved. The needs and interests of the children should be of the utmost importance when any decisions are made regarding the divorce, including the right to receive child support.
A man was recently ordered by a court to provide financial support for two children. The children were both conceived by the man's wife through the use of a friend's sperm. The court ruled, however, that both of the children are considered a child of the marriage. When the man filed for divorce he stated that two children were born to his wife during the marriage, but they were not his biological children and he should have no obligation to support them. The wife claimed that the man encouraged the use of the friend's sperm and treated both children as if they were his biological children. She also claimed that after they separated, he had frequent contact and visits with the children. The court felt that he acknowledged and supported the children, and they were both children of the marriage, thus both parents should support the children. The court ordered him to pay $119 every week as child support.
When parents divorce or separate, the non-custodial parent may be required to pay a portion of their income for child support. The right to child support is possessed by the child for his or her care and upbringing. Orders for child support are made by the court based the state's child support guidelines, which define the amount to be paid. The factors involved in such a determination include the incomes of the paying and receiving parent, the number of children and the needs of the children. The amount can deviate from the guidelines if circumstances dictate, such as a change in income or cost of living. The state of Georgia applies a shared income approach, which uses a rate guideline table that applies the factors mentioned above in determining the amount of child support to be granted.
Supporting and caring for the children involved is a necessity in any divorce. Therefore, it is important that both parents are aware of their rights and responsibilities in providing or receiving child support awards.
Source: USA Today, "Court: Ind. man must support kids by sperm donor," Douglas Walker, Jan. 16, 2013