Best Child Support Lawyers in Taiwan

About Child Support Law in Taiwan, Taiwan

In Taiwan, the child support law seeks to ensure that the child's financial needs are met by both parents. As per the law, both parents have a responsibility to provide for their child irrespective of whether they live together or separately. Ensuing divorces, split-ups, or instances where one parent has custody, child support may be ordered by the court to ensure the non-custodial parent continues to contribute to their child's wellbeing. Child support typically includes daily expenses, educational fees, and medical costs depending on the child’s circumstances and needs.

Why You May Need a Lawyer

Legal representation can be of exceptional help in cases of child support. Lawyers who specialize in this area can assist you in understanding your legal rights and obligations. If you're a non-custodial parent, a lawyer can help you determine the amount you are required to pay. If you're the custodial parent, a lawyer can help ensure you receive an appropriate amount to care for the child. Additionally, lawyers can help in negotiating agreements and represent you in court if there are disputes over support amount, late payments, or enforcement of payments.

Local Laws Overview

Taiwanese child support law is established under the Civil Code of Taiwan. The focus is to ensure that the best interests of the child are met. According to the law, child support continues until the child is 20 years old. In some cases, such as disability or ongoing education, the support can be extended. The amount of child support is dependent on several factors, including the income of the parents, the needs of the child, and any special circumstances. Non-payment of child support can lead to legal penalties, including wage garnishment and property seizure.

Frequently Asked Questions

1. What if the non-custodial parent refuses to pay child support?

If the non-custodial parent refuses to pay court-ordered child support, they can be held legally accountable. This can eventually lead to wage garnishment, property seizure, fines, or even imprisonment in extreme cases.

2. Can child support be altered?

Yes, child support can be altered in certain cases. Changes in income, life circumstances, or the needs of the child are instances when the court could consider adjusting the child support amount.

3. Until what age does child support have to be paid?

In Taiwan, child support generally continues until the child reaches the age of 20. However, it can be extended in cases of disability or ongoing education.

4. Who determines the amount of child support to be paid?

The court typically determines the amount of child support based on the income of both parents, the needs of the child, and any special circumstances that may apply.

5. Can child support cover more than day-to-day expenses?

Yes, child support can also be used to cover special needs such as health care expenses and education fees apart from day-to-day living cost.

6. What happens to the custody if the custodial parent dies?

If the custodial parent dies, the custody of the child is generally transferred to the other parent unless it is not in the best interest of the child.

7. Can a parent refuse to allow the other parent visitation rights if they don’t pay child support?

No, child support and visitation rights are two separate issues. Failure to pay child support does not eliminate the parent’s visitation rights.

8. What happens if the custodial parent wants to move to another city or country?

If the custodial parent wants to move to another city or country, they may require permission from the court, particularly if the move may affect the visitation rights or the lifestyle of the non-custodial parent.

9. What can be done if the non-custodial parent refuses to get a job to escape child support payment?

The court may impute income on a parent who refuses to work in order to avoid child support. Meaning, they determine an amount the parent should be capable of earning based on their skills, education, and job market, and calculate child support on that basis.

10. Can child support debts be discharged through bankruptcy?

No, child support payments are considered a priority debt. They cannot be discharged through bankruptcy filings.

Additional Resources

Law firms and nonprofit organizations often offer free legal advice clinics where individuals can get preliminary advice about child support laws. Books on Taiwan's family law can also be helpful. Additionally, government departments, such as the Family Court or Child Support Agency, provide guidance and assistance. Online forums and legal webpages can also provide an understanding of different cases and their outcomes.

Next Steps

If you find yourself in a situation needing legal assistance with child support, your first step should be to find a lawyer specializing in family law. They will help you understand your legal obligations and rights, aid in negotiation processes and represent you in court if necessary. Remember, it’s crucial to ensure all communications with your lawyer are clear and honest to guarantee the best support and outcomes.