How to Financially Navigate a Divorce When You Have Children

How to Financially Navigate a Divorce When You Have Children

Divorce laws are dependent on where you are located, whether a prenup was involved, and a host of other factors. Alimony can be awarded even in cases where you weren’t married at all, under some common-law arrangements, but one thing that throws all of this into a loop is when children are involved.

Seek a Family Lawyer

It is imperative that you have a clear divorce that helps put your children first, which is why you need a highly qualified family law firm to help you with your divorce. All your questions should be answered, reasonable expectations should be set, and they should be there to guide you through the entire process so that your children get the support they need while you get your divorce.

Child Support in the UK

Understanding the rules where you live, whether this is the UK, the US, or India, is imperative. In the UK, for example, how much you pay in child support depends on what you earn and if you are the “non-resident parent”. If you earn less than £5 per week, you don’t have to pay anything, and if you earn between £5 to £100 per week, you pay a flat rate of £5 regardless of how many children are involved.

If you earn up to £200 per week, you pay 25% of your after-tax weekly income if you have one child, 35% if you have two children, and 45% for three children (or more) on top of that £5. If you earn over £200 per week, you pay 15% after-tax weekly income for one child, 20% for two children, and 25% for three or more.

Something else to note is that these costs can be reduced, depending on how much of the childcare the non-resident parent partakes in. If the time is split evenly between the two parents, each parent will only pay half of the childcare maintenance costs. If the kids stay at the non-resident parent’s home two nights a week, then the non-resident parent would only pay five-sevenths of the amount.

Child Support in the US

In the US, the rules vary by state, with some states assuming the noncustodial parent is working full time and setting the rate of child support regardless of income. Due to this, there is actually $113 billion in unpaid child support payments. The insistence of requiring pay, even when the noncustodial parent is out of work, has put many into debt that they have very little means to get out of. Understanding and coming up with an agreement that works with each parent’s situation is ideal to ensure the best situation for the child.

Child Support in India

In India, child maintenance law is recognised under Section 125 CrPC, as well as Section 26 of the Hindu Marriage Act. Where it differs in India, in particular, is that additional maintenance can be provided if the child is dependent on their parents, for example, if they are sick, have a disability, or are studying after they reach adulthood. However, these examples are awarded on a case-by-case basis.

Knowing what you will need to pay, and making a plan to support your children, is critical when handling a divorce. Always go through proper legal representation to ensure the fairest, supportive result.