Best Child Support Lawyers in Kaohsiung City

About Child Support Law in Kaohsiung City, Taiwan

Child support in Kaohsiung City, Taiwan is governed by the family law provisions outlined in Taiwan’s Civil Code. The law mandates that both parents are financially responsible for their children regardless of their marital status. Child support includes the obligation to cover necessary living expenses, education, healthcare, and other essential needs until the child reaches adulthood or becomes financially independent.

Why You May Need a Lawyer

There are numerous situations where you may need legal advice or representation regarding child support in Kaohsiung City:

• Divorce or Separation: Determining who is responsible for paying child support and how much should be paid.
• Modifying Existing Support Orders: Adjustments due to changes in financial circumstances or the needs of the child.
• Enforcement Issues: Addressing cases where the non-custodial parent is not fulfilling their financial obligations.
• Paternity Issues: Establishing paternity to confirm the responsibility for child support.
• Legal Guidance: Ensuring you understand your rights and obligations under Taiwanese law.

Local Laws Overview

The key aspects of child support laws in Kaohsiung City, Taiwan include:

• Parental Responsibility: Both parents are required to contribute to the upbringing and maintenance of their children.
• Calculation of Support: Child support is calculated based on the financial capacity of both parents and the needs of the child.
• Duration of Support: Typically, child support continues until the child reaches 20 years of age or until they become financially independent.
• Enforcement: Court orders can be enforced to ensure compliance, and delinquent parents may face legal consequences.
• Modification: Child support terms can be modified if there are significant changes in the circumstances of either parent or the child.

Frequently Asked Questions

1. Who is responsible for paying child support in Kaohsiung City?

Both parents are responsible for child support, regardless of their marital status. The non-custodial parent typically makes payments to the custodial parent to assist with child-rearing expenses.

2. How is the amount of child support determined?

The amount of child support is determined based on the financial resources of both parents and the needs of the child. Courts consider various factors, including income, expenses, and the standard of living of the child before the separation.

3. Can I modify a child support order?

Yes, modifications can be made if there has been a significant change in circumstances such as a change in income, employment status, or the needs of the child.

4. What happens if the other parent does not pay child support?

If a parent fails to pay child support, legal actions can be taken to enforce the court order. This may include wage garnishment, property liens, or, in extreme cases, criminal charges.

5. How long do I have to pay or receive child support?

Child support is generally required until the child reaches the age of 20 or becomes financially independent, whichever comes first.

6. Can child support be enforced if the other parent lives abroad?

Enforcement of child support can be more complex if a parent resides outside of Taiwan, but international agreements and cooperation can help in collecting payments.

7. Do I need to go to court to establish child support?

While not always necessary, going to court is often the most effective way to establish and enforce child support arrangements.

8. Can both parents agree on an amount for child support without going to court?

Yes, parents can agree on child support terms without court intervention, but it is advisable to have the agreement documented and approved by the court to ensure enforceability.

9. Are there any tax implications for paying or receiving child support?

In Taiwan, child support payments are generally not deductible for the payer, nor are they considered taxable income for the recipient.

10. What should I do if I am unable to pay the ordered child support?

If you are unable to meet your child support obligations, it is crucial to seek a modification from the court rather than simply not paying. Failure to pay can lead to serious legal consequences.

Additional Resources

For additional support, you can reach out to the following resources:

• Family Courts: These courts handle all matters related to child support and custody in Kaohsiung City.
• Legal Aid Foundation: Provides legal assistance and advice to those who cannot afford to hire a lawyer.
• Social Affairs Bureau: Offers various family assistance programs, including support for single parents and children.
• Ministry of Health and Welfare: Oversees child welfare and protection services in Taiwan.

Next Steps

If you need legal assistance with child support in Kaohsiung City, consider the following steps:

1. Collect all relevant documentation such as income statements, employment records, and previous court orders.
2. Consult with a qualified family law attorney to understand your rights and obligations.
3. Consider mediation as a first step to come to an agreement with the other parent.
4. If necessary, file a petition in family court to establish or modify a child support order.
5. Stay informed about your case and maintain open communication with your legal advisor.