When children are involved in a separation or divorce, custody and child support are among the biggest concerns for parents. Whether you are in the midst of a divorce, separated, or were never married, understanding child support is important for the well being of everyone involved.
Both parents are responsible for supporting their child, and the state will use guidelines to decide how much support each parent is going to be responsible for. Normally, the noncustodial parent will pay the custodial parent. The amount of child support is primarily based on parental income, but other factors are considered as well, such as the cost of daycare and health insurance, each parent’s other child support obligations, and the age and number of children. A judge will typically ask both parents to bring proof of their income.
No matter how healthy or contentious your separation was, you need a child support order. Your child has a legal right to financial support from both parents and each parent has a legal responsibility to support his or her children. Having a child support order protects both the parents and the child.
If your child spends 35% or more time with each parent, most courts will consider this to be shared physical custody and this will be taken into account when determining the amount of child support needed. If your incomes are similar and the child splits their time between both parents, it is possible that neither parent will pay or receive child support. However, you will still need to come to an agreement about the child’s expenses, such as healthcare and daycare. It is important to remember that the obligation to pay child support, once the order is in place, is a separate issue from custody and visitation.
Child support payments are often coordinated by the state to avoid problems that can arise when payments are made directly between the parents. The default method is usually withheld from the paying parent’s income, paid to the state agency, and the state will distribute the payment to the support recipient. There are cases where other methods for making payments can be utilized. Child support payments are usually monthly, but can be weekly, bi-weekly, or bi-monthly. Parents can ask for a certain schedule, but the schedule must be approved by the court.
The law requires that parents financially support their children until the child is emancipated, which typically means when the child turns 18. In some cases a child may be emancipated as young as 16, and in other cases you may be required to support your child through high school. If your parental rights are terminated, your responsibility to pay for the child will also terminate. You can consent to the termination to allow another adult to adopt your child, or termination may occur if the court finds you guilty of abuse or neglect. In most cases, you will need to formally ask the court to issue an order ending your child support obligations. It is never smart to simply assume you can stop paying. Even if your custody agreement changes, you cannot assume that your child support will change along with it.
If you are required to pay child support and you don’t pay, you will be in contempt of court. The judge can order you to pay a fine, garnish your wages, and even sentence you to jail time. However, non-payment of child support does not allow the other parent to withhold visitation. If one parent has not paid, the best way to handle it is to file a motion with the court.
If your financial circumstances change, you can file a motion that will modify the child support order. A judge will review the new information and can increase, decrease, or suspend child support based on the financial information you provide.
Understanding how child support is determined and handled by the court can be challenging for many newly separated parents. Speaking with a lawyer in your state who understands how child support laws work can help you navigate the process.
If you’re going through a divorce and need some guidance navigating your child custody case, contact my office today. It’s important to have someone in your corner to handle things in your best interest, and I can help you and your family move forward in a way that benefits everyone involved.