Divorce Help 101
Child Support
Child support at its root is a basic concept. Such support is an amount of financial contribution paid from one parent to the other parent for the support of a child or children. While that sounds straight forward, the concept of child support frequently causes a great deal of difficulty for not only the paying parent but also the one receiving the support.
Generally most states have a predetermined method for calculating child support. In other words it is not as simple as one parent deciding that a certain amount of support will do; however, it is generally always possible for one party to pay an amount in excess of the recommended amount.
Typically the method for determining the amount of child support considers the income of the two parents (generally only their income and not the income of a new spouse or significant other). Most formulas also consider the number of children to be supported and other expenses related to the children such as health care or work related day care. Generally reductions to the net child support are not allowed with few exceptions such as other children that are in the home of the parent paying support or other children that are supported by prior orders.
The calculation methods, while varying from state to state, use one of several approaches such as a percentage of the paying parent’s income, a sliding scale based upon an aggregate of the factors addressed above, or from a predetermined guideline where a base amount is determined based upon aggregate income and the number of children to which amounts are added to or subtracted from based upon other factors.
While there is a requirement that non-custodial parents pay child support, even in joint custodial situations one parent may be required to pay child support to the other parent as the amount of time the parents spend with their children is a factor, but will not alone generally mitigate or relive a parent from paying support.
Child support also does not generally count as income meaning that the parent paying child support does not get to take a deduction for the support paid nor does the parent receiving child support have to claim the support as income.
It is also a general misconception that the parent paying child support will be entitled to receive a breakdown on how the support is paid. While child support covers and includes expenses such as clothes for the children, extracurricular activities and other expenses directly for the benefit of the children, the child support can also be used for indirect or “soft” expenses for the children such as rent, mortgages, gas money, utility payments or car related expenses.
Child support is also never final meaning that it can be revisited from time to time and can be revised if there is a substantial change of circumstances that develop following the time the child support is initially set. Mainly this means that if there is a substantial increase then the party receiving the support may be increased. While child support can be decreased, for such to occur, there must be a substantial decrease that is not brought about solely by the paying party.
In situations where a parent who is receiving child support pursuant to an order fails to receive the support the Courts offer assistance in collecting this support. As well, most states offer a service to establish child support pursuant to a court order at no cost to the custodial parent.
Many times child support can be a sticking point in a domestic case where parties attempt to hinge custody or visitation on support being paid at a certain level. Other times a parent with a requirement to pay support will simply not want to pay. However, parents need to realize that this not an obligation that can simply be brushed under the rug.
Disclaimer
Generally most states have a predetermined method for calculating child support. In other words it is not as simple as one parent deciding that a certain amount of support will do; however, it is generally always possible for one party to pay an amount in excess of the recommended amount.
Typically the method for determining the amount of child support considers the income of the two parents (generally only their income and not the income of a new spouse or significant other). Most formulas also consider the number of children to be supported and other expenses related to the children such as health care or work related day care. Generally reductions to the net child support are not allowed with few exceptions such as other children that are in the home of the parent paying support or other children that are supported by prior orders.
The calculation methods, while varying from state to state, use one of several approaches such as a percentage of the paying parent’s income, a sliding scale based upon an aggregate of the factors addressed above, or from a predetermined guideline where a base amount is determined based upon aggregate income and the number of children to which amounts are added to or subtracted from based upon other factors.
While there is a requirement that non-custodial parents pay child support, even in joint custodial situations one parent may be required to pay child support to the other parent as the amount of time the parents spend with their children is a factor, but will not alone generally mitigate or relive a parent from paying support.
Child support also does not generally count as income meaning that the parent paying child support does not get to take a deduction for the support paid nor does the parent receiving child support have to claim the support as income.
It is also a general misconception that the parent paying child support will be entitled to receive a breakdown on how the support is paid. While child support covers and includes expenses such as clothes for the children, extracurricular activities and other expenses directly for the benefit of the children, the child support can also be used for indirect or “soft” expenses for the children such as rent, mortgages, gas money, utility payments or car related expenses.
Child support is also never final meaning that it can be revisited from time to time and can be revised if there is a substantial change of circumstances that develop following the time the child support is initially set. Mainly this means that if there is a substantial increase then the party receiving the support may be increased. While child support can be decreased, for such to occur, there must be a substantial decrease that is not brought about solely by the paying party.
In situations where a parent who is receiving child support pursuant to an order fails to receive the support the Courts offer assistance in collecting this support. As well, most states offer a service to establish child support pursuant to a court order at no cost to the custodial parent.
Many times child support can be a sticking point in a domestic case where parties attempt to hinge custody or visitation on support being paid at a certain level. Other times a parent with a requirement to pay support will simply not want to pay. However, parents need to realize that this not an obligation that can simply be brushed under the rug.
Disclaimer
