If there is a pending divorce or child support case, the presiding judge has the ability to establish or adjust child support on a temporary basis. This is called pendente lite, and it can take place during litigation for another issue. Pendente lite allows the court to establish support for children while a case is pending so they do not have to wait until the final hearing or trial.
Determining a presumptive amount of child support typically involves compiling information about both parents’ income, how many children there are, who pays for certain expenses. Based on the amount of income and those expenses, a presumptive amount can be discussed during court proceedings. For help with understanding pendente lite child support guidelines in Atlanta, it is best to speak with a seasoned attorney who is familiar with this area of family law.
Temporary child support guidelines stay in effect until a judge orders otherwise. If litigating parties have a final trial, the judge or jury will determine their children’s support amount and make it permanent. Permanent support orders stay in effect until a modification is filed or a child ages out. Once a child reaches 18 years old and graduates from high school, support payments would cease.
Support payments would continue until the child reaches the age of 18, dies, marries, or otherwise becomes emancipated before age 18. However, an 18-year-old who is enrolled in and still attends high school would receive support until they graduate. Pendente lite child support guidelines in Atlanta cases can help a young adult who is trying to finish school receive payments as soon as possible while their parents work through their marital issues.
Child support is rarely paid in a lump sum, and payments are typically periodic. A parent who receives support in a lump sum may be deterred from avoiding child emancipation or encouraging a punctual high school graduation. Increment payments incentivize a recipient parent to raise their children in a healthy way that promotes their growth and well-being.
While the recipient may prefer a lump sum payment, judges will likely never order it that way. Doing so would run the risk of the recipient blowing through the money and failing to budget it properly. Calculating a lump sum payment is complicated and must consider discount rates, interest, and cost of living. For this reason, pendente lite child support guidelines in Atlanta are useful for making quick and important decisions about how children will be taken care of during litigation for other familial issues.
Child support might not be awarded by a court when one a parent is very wealthy and earns a substantial income. If one party earns $600,000 per year, and the other makes only $30,000 per year, the courts would not require the latter parent to provide child support. Otherwise, determining child support payments is relatively straightforward. Judges are typically eager to implement pendente lite child support guidelines in Atlanta family law cases to ensure that the involved children’s needs are met