In simple terms, child support payments are court-ordered payments that are made by one parent to the other for the benefit of their biological or adopted child or children. Although child support laws differ in each state, all child support laws typically determine the amount of the support based on custody (i.e. how much time the child lives with each parent), the child’s best interest standard, and each parent’s income and financial obligations.
The parent who does not have primary physical custody of the child or who lives with a child less than half of the time is typically the parent that is ordered to make child support payments.
The intent and purpose of child support payments is to provide for a child’s financial needs, even in situations in which they do not live with both parents. Child support laws were built on the idea that both parents are responsible for the financial support of their children. As such, child support is necessary to ensure that both parents are fulfilling their legal financial obligations to their child or children.
Common examples of financial needs that are addressed by child support payments include, but may not be limited to:
- Food, shelter, and clothing for the child or children;
- Medical care and health-related expenses for the child or children; and
- Educational expenses, such as private school tuition for the child or children.
Mandatory child support is the means by which a court can ensure that non-custodial parents are contributing to the needs of their biological or adopted children via court order. The word mandatory means that the support is required by law, and any parent who is required to make payments cannot escape their obligation.
Additionally, the parent with physical custody of the child or children cannot refuse to accept the child support payments that the court has ordered the other parent to pay to them in order to provide for the needs of the child.
When Are Child Support Payments Ordered?
As mentioned above, when parents do not share physical custody of their child equally, or when the child lives with one parent more than half of the time, the parent that the child spends less time with will typically be required to pay some form of child support. Importantly, any gender of parent can be ordered to pay child support. Additionally, it is not necessary that the parents were ever married in order for a parent to be ordered to pay child support.
It is important to note that when there is a legal dispute regarding who the biological father of the child is, the court will generally order a paternity test before calculating and ordering child support. Adoptive parents are also subject to child support laws. However, absent a legal adoption, step-parents are not obligated to pay child support to their step-children.
What Is a Child Support Affidavit?
An affidavit is a type of legal and sworn document that states facts and other information that may be introduced in an upcoming trial. An affidavit is often sworn to under oath, and is commonly important evidence that may be used to determine the outcome of the case. Specifically, a child support affidavit is a written statement or declaration that a person swears to under oath declaring their financial information, including whether or not they currently receive child support.
As such, a child support affidavit is mainly used to provide information about an individual’s income and expenses related to the support of their child or children. Child support affidavits are also commonly utilized to provide information about other payments, income, and related expenses when creating or modifying child support awards.
The most common use of a child support affidavit is in a child support case. A child support affidavit will be utilized by a court in order to establish the necessity of child support and calculate the child support award. Child support affidavits are also utilized in other related family law settings such as a divorce or separation case where child support is also addressed in the proceedings.
How Do I Write Child Support Affidavits?
It is important to note that child support affidavits need to be drafted with the intent of providing a complete financial statement of the party writing the affidavit. As such, a child support affidavit will include information and statements verifying the finances required to perform a child support calculation.
As such, when writing an affidavit or filling out a child support affidavit form, the following financial information will likely be needed:
- An individual’s last three months of pay stubs;
- An individual’s tax returns for the past three years;
- Any recent bills that an individual may have paid regarding child expenses;
- Any recent bills that an individual may have not paid;
- A statement of all bank account and savings accounts;
- A statement of any stock or brokerage account;
- A statement regarding any work related benefits, health care expenses, or military payments;
- A statement regarding the value of significant property that is held under the individual’s name; and
- Any other documents related to the determination of child support, such as child support payments being made to another child.
After an individual fills out the affidavit form, they will then take it to a notary, a lawyer, or the court clerk. At that point, the individual that filled out the child support affidavit form will then have to swear under oath that the information you wrote on the form is true. After that, they will sign it and the person witnessing their signature will sign as their witness. Once the affidavit is signed, they should then make 3 copies and give a copy to all appropriate parties.
Do I Need to Provide My Income on Child Support Affidavits?
In short, yes. It is not an overstatement to say that the income section of a child support affidavit is the most important part of the affidavit. In fact, most child support calculations will be based on an individual’s net income, with appropriate deductions for child expenses. Almost all states will require a proof of income to be submitted to the court, along with recent pay stubs and tax returns for the past few years.
If an individual self-employed, then they will have to provide their business tax returns and any other proof of their income. If an individual is unemployed, then they will have to provide copies of their unemployment checks, if applicable. Child support affidavit guidelines will also commonly ask for any other sources of income, such as property income or income received from a third party source.
What Do Child Support Affidavits Contain?
As mentioned above, child support affidavits will contain information and statements that will be helpful in helping a court perform a child support amount calculation. Information contained in an affidavit of child support payments will typically include:
- The correct legal names and contact information of the parents;
- Stated income and earnings of each parent;
- Various financial statements regarding assets and estate property;
- Any and all information concerning the child’s needs, such as day care costs;
- Child expense calculations and estimates, including health care bills; and/or
- Any other financial information depending on the particular case that is requested by the court, such as military stipends or insurance information.
What Are Some Types of Child Support Affidavits?
There may be different types of child support affidavits dependent on the state and locality in which the child support affidavit form is presented. The type of child support affidavit will also depend on the type of proceeding involved, as well as the child’s and parent’s needs. Examples of some of the most common types of child support affidavits include:
Do I Need a Lawyer for Help With a Child Support Affidavit?
As can be seen, child support affidavits are a common occurrence in matters involving children. As such, if you are being asked to complete a child support affidavit, or are involved in a case that involves your biological child or children, it is important to consult with an experienced child support lawyer.
An experienced child support lawyer will be able to ensure that you properly complete any child support affidavit, or that the other party completes their affidavit. Finally, an experienced attorney will also be able to assist you in any child support proceeding.
