WHEN PARENTS DIVORCE IT IS NOT THE FAULT OF THE CHILD
In most cases the children are forgotten in the heated debate between the parents. The best way to help children to understand is through counseling. But if this is not an option in your case there are many good books that can they can read or have read to them.
THE COURTS MUST "ACT IN THE BEST INTEREST OF THE CHILD" IN CUSTODY DECISSION.
A Child has the CONSTITUTIONAL RIGHT to know both parent and be raised by them when possible.
FAMILY DEFINED BY THE U. S. COURT IS TO BE RELATED BY BLOOD OR MARRIAGE.
PLEASE REMEMBER it is not the grandparents and grandchildren being diviorced it is the parents. In most cases the relationship between the children and the grandparents is the only stable relationship they have at this time.
GRANDPRENTS RIGHTS
PLEASE CHECK YOUR STATE LAWS---FOR WV IT IS CODE 48
Child support is determined by a fomula created by the Federal Laws and must be adopted by each state.
PLEASE CHECK THE STATE CODE IN WHICH YOU LIVE FOR THE CORRECT FOMULA.
Child support belongs to the child, U.S. Supreme Court Bowen v. Gilliared, 483,U.S. 587 (1987)"custodial parent can not profit at the expense of the child"
PROPOSAL FOR CHANGE IN CHILD SUPPORT:
All child support due from both the Custodial and Non Custodial Parent as established by the Income share formula and the court will be owed and paryable for the benefit of the child.
The amount owed and payable for both the Custodial and Non Custodial Parent will fall under all the applicable laws for collection for child support and the payable amount of child support will be equally enforced and collected from both the Custodial and Non Custodial Parents.
A checking account mush be opened in the child's or children's name at a local bank. This information must be forwarded to the Non Cusrtodial Parent. All child support money will be deposited in the child's account. This will include all money owed by both the custodial and non custodial parents as set forth by the Income Shares Formula. This would also include any arrearage collected from any source. The money deposited would only be withdawn by writing a check for the needs of the child, there can be no cash withdrawals.
The Non Custodial Parent would receive a bank statement from the bank once a month. The Non Custodial Parent would have the right to audited the account every three months upon their written request. The Non Custodial Parent could examin the records themselves or they could have an accountant do the audit. If an accountant does the audit the requesting party of the audit would be obligated to pay the cost.
This process will help ensure the proper use of the child support money. If at any time through the audit process it can be shown that the money is not being used for the needs of the child the control of the account would go to the Non Custodial Parent. At that time the Custodial parent of the child would then have the right to have the account audited every three months.
The Circuit Court may also request an audit of the account to ensure that the money is being used for the needs of the child. If both the Custodial and Non Custodial parents have been shown to have misused the money then the Court would appoint a person to control the account.
The Bureau of Child Support Enforcement will only, collect child support upon the application of either party and both parties will be required to pay their share of the child support through the Bureau of Child Support Enforcement. The child support check will then be forwarded to the bank at which the checking account for the child has been established. If neither party makes application to the Bureau of Child Support Enforcement then the agency is not to interfere with the collection of the support. The Legislature through enacting the Income Shares Formula has said by combining both parents incomes and applying this amunt to the Income shares formula chart and arriving at a child support figure that the amount arrived at is the amount of support that should be available to the child for their needs. This legislation ensures that both parents are contributing their share of the child support money as set down by the court and that the money is being used for the purpose it was intended, which is for the care and needs of the child.
PLEASE CHECK YOUR STATE CODE---IN WV THE CODE IS CODE 48
The custodial parent may use a portion for expenses that are essential in providing a home.
PLEASE CHECK YOUR STATE CODE--IN WV IT IS CODE 48.
States are recieving money from the Fed Government to enforce child support and visitation for children.
Links to other sites on the Web
LEGAL TERMS
Dads Against Discrimination~
WEST VIRGINIA GRANDPARENTS HOME
BILL OF RIGHTS OF CHILDREN
Best Interest & 12 Factors for Custody
WV CASE SETTING STANDARDS for BEST INTEREST OF THE CHILD
WV Code 48 Child support
Rules of Practice and Procedure for Family Law
Custody Issues
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