July 27, 2022

Going through a divorce is difficult, and when children are involved, it can be even more complicated. Rather than just filing for divorce and going through the process of dividing assets and debts, parents will need to address a child custody agreement and child support, which ensures that the children are taken care of both during and after the process.

Is Child Support Mandatory?

In nearly every state the court says that both parents are responsible to contribute to their kids’ support and well-being, and each parent will pay for that support according to their ability. By this definition, for couples who are going through a divorce and have children, child support and a child custody agreement is a mandatory part of the divorce process. However, how support is calculated and what factors can influence the child custody agreement will vary based on the family situation. 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.

How is the Amount of Child Support Determined?

Both parents are responsible for supporting their child, and the state will use guidelines to decide how much support each parent is liable 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.

What if We Have Shared Physical Custody?

The time a child spends with each parent will be taken into account when determining the amount of child support. 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.

What Happens if Child Support isn’t Paid?

If you don’t pay your child support, 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 or attempt to “remedy” the situation on their own. If one parent has not paid, the other needs to file a motion with the court.

If your financial circumstances change and paying child support is a struggle, 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. When children are involved in a divorce, speaking with a lawyer who understands how child support laws work can help you navigate the process to make it easier on all involved. If you’re going through a divorce and have questions about your child custody agreement, contact my office today.