Child Support

When a couple divorces or splits up and they share children the law requires that both parents continue to support their children. The non-custodial parent usually must pay child support to help the custodial parent for the child’s living, medical, and educational expenses. Each state has very strict laws and regulations regarding child support to make sure that the child doesn’t go without the things they need and to ensure that the custodial parent doesn’t get plunged into a financial hardship trying to pay for everything the child needs alone.

Parents need to understand when they get a divorce or split up that the welfare of the child is what matters to the state. It’s always best if the parents can negotiate a parenting plan that includes child support and agree to it without having to get a judge involved. But a judge can and will issue a court order for support if necessary.

How Is Child Support Determined?

Both of a child’s parents have a legal obligation to support that child until they are 18, and in some states they must pay child support until the child is 21. It doesn’t matter if the parents were married and are now divorced or getting a divorce or if they were never married. Parents are legally and financially responsible for meeting all of the child’s needs. A change in relationship status between the parents doesn’t end that obligation.

It’s always best if the parents can work out a parenting plan that includes child support, but that’s not always possible. If it’s not possible for the parents to come to an agreement then a parent can petition for a support order from a judge. Or, if the couple is getting divorced child support will be included in the divorce settlement.

If the court needs to calculate child support payments they will do so based on state laws and regulations. But in most cases when a judge is calculating child support awards they will look at many different factors to make sure that the paying parent isn’t put into financial hardship and that the custodial parent gets enough help with the child’s expenses. Some of the factors that will influence the judge’s decision about child support include:

• Income of both parents - if both parents work.
• Custodial arrangements and parenting time - The non-custodial parent is usually expected to contribute more financially to the child’s upkeep since the custodial parent is providing the physical care for the child most of the time.
• Child's financial needs and expenses - These costs include living expenses like a portion of the rent or the mortgage, a portion of the utilities and so on. The child’s living expenses aren’t just items like clothing and food. All of the child’s expenses are considered.
• Healthcare and educational costs - If the non-custodial parent gets insurance for the child through their job the child support award may be less as long as the parent maintains full health insurance for the child.
• Extraordinary expenses and special circumstances - If the child needs special accommodations due to disability or other issues the parents are expected to share equally in those costs.
• When a couple is getting divorced and the custodial parent doesn’t yet have a job the amount of child support awarded can be modified later on to reflect the contribution of that parent after they are working.

Child Support Guidelines

Every state has unique laws and regulations regarding child support and the calculation of child support. But most states operate on the income shares model. The income shares model is based on the idea that the child should be receiving the same amount of parental income that they would be benefiting from if the parents lived together. In some cases that means that the non-custodial parent should contribute more of their income because if the parents lived together the child would be receiving more of that income in the form of things like sports leagues, lessons, and other extras.

A family law attorney is a great resource to help you figure out what the child support regulations are in your state. Whether you are getting ready to file for divorce or just splitting up from your child’s other parent, make sure that you understand what your child is entitled to according to the state.

Can You Modify Child Support Orders?

Child support orders can be modified if either parent’s circumstances change. But in order to request a modification a parent will need to petition the court and explain why the support order needs to be modified. In most cases a judge won’t change the support order without a compelling reason. Some of the reasons why parents may ask for a modification of the child support order are:

• The paying parent loses a job or has to take a pay cut and can’t afford the current amount of support.
• The paying parent has another child and can’t afford the current ordered amount of support.
• The receiving parent gets a better paying job.
• The receiving parent loses their job.
• Daycare costs increase.
• Cost of living increases.
• The child develops a serious medical condition or has a serious accident requiring extra care.

Each state has their own guidelines for child support modifications. Typically though a modification won’t be granted unless one spouse’s income changes by at least 15%. If there are extenuating circumstances though a parent can always file a petition to ask for a modification. If there is a good reason a judge may grant the medication.

Who Enforces Child Support Payments?

There are laws in place to make sure that the non-custodial parent doesn’t just stop paying child support. It’s a very serious crime to stop paying child support and ignore a court order of support. The non-custodial parent also can’t simply quit their job to avoid paying support. If there is a support order it must be paid. During the times when the paying parent isn’t working a balance will accrue and that parent will face fines and penalties. They may also face harsher punishments.

If a parent stops paying child support the custodial parent can file a motion with the court to force the parent to pay. If the parent still refuses to pay they could have their assets or tax returns seized. They would have to pay hefty fines. And they could have their driver’s license or passport suspended. In most states a parent that doesn’t pay court-ordered support could find their driver’s license suspended after just four months of not paying. Not paying support also can affect a parent’s credit rating. Parents who are ordered to a court hearing and don’t show up and don’t pay support may even have a warrant put out for their arrest.

Role of Government Agencies in Child Support

The Federal Office of Child Support Services is an agency set up to help custodial parents collect child support after an order has been issued. The OCSS can do things like:

• Help state and tribal child support programs follow federal law
• Provide technical assistance and training in using tools to
• Locate parents
• Establish parentage
• Set child support orders
• Collect payments
• Assess how well states and tribes are processing cases and collecting payments
• Answer public inquiries
• Provide outreach materials for parents, child support professionals, and employers
• Gather and share information about promising practices in child support
• Fund grant opportunities for research in program improvement
• Serve as the central authority for international child support cases

The OCSS can be a big help to custodial parents.

Co-Parenting and Child Support

The best thing that parents can do to make the splitting up process non-traumatic for their child or children is to co-parent effectively, especially in support matters. In order to do that both parents need to practice transparency and effective communication. Conflicts will arise, but when conflicts come up it’s important to never put the child in the middle of them. Addressing disputes related to child support can be done with mediators, counselors, or in the court if there’s no other way to resolve the dispute. But parents should never involve their children in disputes over support or say negative things about the other parent and the support they provide. Even when you’re no longer a couple you are both still parents who should be putting the child’s needs first.

How Is Child Support Impacted By Taxes?

When it comes to taxes the parent that is receiving the child support does not need to declare child support as income. The amount of child support that the paying parent pays isn’t deducted from their total income for tax purposes.

Get Help With Your Child Support Claim

Parents who are in the early stages of divorce or splitting up should work with a family law attorney to negotiate a child support agreement. If you’re a custodial parent struggling to pay for everything that your child needs you are not alone. An experienced family law attorney can fight for you to make sure that your child gets the support they need. And if you have a support order but need to have it enforced a family law attorney can help with that too. Fill out the Free Case Evaluation form now to get connected to an independent family law attorney.