Apoyo (financial) de Niños/Menores

What is Apoyo (financial) de Niños/Menores?

"Apoyo (financial) de Niños/Menores" is the amount of money a parent is required by law to pay to the spouse who retains primary custody of the child. Apoyo (financial) de Niños/Menores is intended for the benefit of the child, and usually pays for:

• Food, shelter, and clothing.
• Health and medical care
• Educational expenditures

Who is Obligated to Pay Apoyo (financial) de Niños/Menores?
All fathers and mothers can be required to pay Apoyo (financial) de Niños/Menores, regardless of whether they are married or not. If there is a dispute about who the child's father is, a Paternidad test can be ordered. Stepparents are not obligated by law to pay Apoyo (financial) de Niños/Menores unless the stepparent legally adopts the children.

How Do Courts Determine the Amount of Apoyo (financial) de Niños/Menores?
Courts generally require each parent to complete a financial statement before making a decision on Apoyo (financial) de Niños/Menores. In the financial statement, the parent must detail his or her monthly income and expenses. Based on the financial information and the amount of time each parent spends with the child, the Court uses a standard formula to determine the Apoyo (financial) de Niños/Menores amount.

Additional Factors in Determining Apoyo (financial) de Niños/Menores

• Most courts generally look at each parents' gross income, minus any mandatory deductions like taxes, Seguro Social, healthcare, mandatory union dues, and other Apoyo (financial) de Niños/Menores payments they may already be responsible for.
• Some courts may take into consideration a spouse's ability to earn versus actual earnings. Thus, if you have an income of $30,000 but have the earning potential to make $100,000, a court may hold you responsible for the higher amount.
• The courts may also deem relevant the standard of living of the child before Divorcio or separation.

How do I Enforce a Apoyo (financial) de Niños/Menores Award?
If you are not receiving Apoyo (financial) de Niños/Menores payments that are owed to you, the district attorney of each state can help by serving the delinquent parent with papers requiring him or her to pay. If the non-paying parent still does not contribute their Apoyo (financial) de Niños/Menores, the district attorney can take any of the following actions against the delinquent parent:

• Seize tax refunds
• Garnish wages
• Put liens on property
• Revoke driver's licenses
• Revoke passports

Can Apoyo (financial) de Niños/Menores Payments Be Modified?
Apoyo (financial) de Niños/Menores payments may be modified if warranted by the situation. Usually, modification requires a showing of a "change in circumstances." A change in circumstance may include:

• Job change of either party that increases or decreases income levels
• Child custody or visitation changes
• Temporary economic or medical hardship of the paying spouse (unemployment, illness, etc.)
• A child's medical emergency
• Needs of the child change (school, daycare, etc.)

Do I Need a Leyes de Familiayer to Assist Me in Establishing or Modifying Apoyo (financial) de Niños/Menores?
Unless both parents agree on a Apoyo (financial) de Niños/Menores amount, you will need to go into Court to establish or modify Apoyo (financial) de Niños/Menores. The Court procedure for establishing or modifying Apoyo (financial) de Niños/Menores can be very confusing, so it may be wise to consult with a lawyer experienced in Leyes de Familia to make sure your interests are protected.