The answer is yes. In a divorce or child custody situation, a court may order economic support for the child with the expectation that the custodial parent will use the money to pay for materials and services the child will need to live. Child support is used to cover such things as food and shelter, clothing, health care, and education costs.
If you are ordered to pay child support and do not pay it, it can be taken directly out of your income.
Parents are legally responsible for financially providing for their children, and failure can result in serious legal consequences. When the two parents are no longer together, whether through separation or divorce, child support may be ordered to ensure the child continues to receive economic support from both parents.
A court could order either or both parents to support a child, but it usually falls on the parent who spends the least time with the child (the non-custodial parent). Even if physical custody is equally split, one parent may have to pay child support if they make more than the other parent. The most important factors in determining a child support order are the child’s best interest and actual needs.
The court applies the best-interest-of-the-child-standard formula in ordering support and determining the award amount. Typically, this will include a review of the financial circumstances of each parent, honing in on various factors as determined by individual states. Most states use a formula to calculate the assumed amount of child support that will be due. The formulas can be found on the state’s website.
While not exhaustive, some common factors that a court may consider in determining the amount of child support include:
When calculating the non-custodial parent’s income, the court will sometimes use a figure for potential income rather than actual income. If the non-custodial parent made $15,000 a month and then took a position that only pays $1,500 a month, they cannot expect their child support order to be based on the lower salary. The court will impute to them monthly earnings of $15,000 rather than $1,500 because it knows the parent could be earning that figure.
Sometimes, the parent ordered to pay child support may disagree about the payment amount or whether support should be paid. In the case of a non-complying parent, the custodial parent may seek the enforcement of the award.
The federal and state governments can be quite helpful in assisting in collecting child support from the non-complying parent through various enforcement options, including wage garnishment, tax fund seizure, and placement of liens on property. Moreover, the non-custodial parent can be subjected to jail time or to having their driver’s license suspended.
If a parent refuses to provide ordered child support, the other parent can seek an order to automatically have the non-complying parent’s child support withheld automatically by the employer. When issued, the order requires that the employer withhold a specific amount of money as contained in the order, which is then made available to the custodial parent.
If an employer receives an income withholding order, the employer must immediately withhold the payment as ordered. Failure to do so can subject the employer to civil penalties and liability for the amount of the income the employer failed to withhold.
The Uniform Interstate Family Support Act (UIFSA) requires that the out-of-state employer must still comply if an employee is employed in a state different from where the income withholding order is issued.
It is not unusual for wage garnishment to be at issue even with an automatic income withholding order in place. If both are at issue, the income withholding will prioritize the wage garnishment.
The child support payments must be deducted from the disposable earnings before the wage garnishment. However, outstanding federal tax liens in existence before the child support order have priority over the child support payment order.
A child support order can be modified if there is a change in circumstances warranting the modification. Examples of changes in circumstances include:
If the support-paying parent doesn’t want to pay child support anymore because the families’ situations have changed, they should go to court and get the child support modified to avoid having the original amount of child support taken from their paycheck.
If you believe you should not be making child support payments, you must speak with a lawyer and go through the court system to end child support. Just stopping payments on your own can lead to serious consequences for you.
Child support automatically ends if:
As mentioned, child support may sometimes be terminated if the parents reach an agreement. The agreement needs approval by the court – legal termination of child support does not occur until the court gives its blessing.
The most common reason for ending child support is if the noncustodial parent shows they are not the biological parent. This typically happens when a couple is married, and the husband is the presumed father, but it is discovered that the wife became pregnant by another man. You can ask for a paternity test if you think you are not the father.
Family law is very complicated and high-stakes. It’s wise to speak with an experienced and licensed child support lawyer.
They can help you better understand child support laws, how child support payments are calculated, understand your options, and generally navigate the complicated legal system. In addition, a lawyer may be able to help you weigh in your circumstances to either increase or decrease the child support from the formulaic equation provided by state guidelines.
Income withholding for the purpose of satisfying a child support order and child recovery efforts will vary according to each state. To ensure you are protecting your rights to recover child support payment, consult with a local child support attorney.
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