Child support is very important because it is intended to provide for children even when they do not live with both of their parents. Raising a child can be very expensive and both parents are responsible for financially supporting their child.
Child support payments are intended cover the expenses involved in raising a child, such as:
- Food, shelter, and clothing;
- Medical care and health related expenses; and
- Educational expenses.
Mandatory child support is a way in which a court can ensure that a non-custodial parent is contributing to the needs of their child. A parent who is required to pay cannot escape this obligation and the parent who receives payment cannot refuse to accept it.
It is important to be aware that child support is not meant to cover the living expenses of a custodial parent. Employment changes of either parent, but especially the paying parent, may impact child support as well.
What Are Child Support Guidelines?
Every state has guidelines that are used to calculate specific child support payments. The court will determine the amount of support payments based upon the specific circumstances of the parent who will be paying.
Typically, the guidelines provide a range and the court can order an amount within the range. In some states, courts have a great deal of discretion when determining the amount but in other states, courts are required to follow strict guidelines.
In each case, there are certain factors that have to be considered when determining the child support amount, including:
- The specific needs of the child, including:
- healthcare needs and medical expenses;
- education;
- childcare; and
- other special needs;
- How many children the paying parent is responsible for supporting;
- The custodial parent’s income compared to the other parent’s income;
- The non-custodial parent’s ability to pay; and
- In a divorce case, the court may consider the child’s standard of living before the divorce or separation.
As part of this process, each of the parents will be required to submit financial information to the court. This is often in the form of a financial statement that outlines all of their monthly expenses and income.
The court will use the financial information along with the amount of time each of the parents spends with the child pursuant to a visitation schedule or custody arrangement and will use a child support calculator to determine the amount that will be owed each month.
In most cases, income from employment will be one of the main factors used to calculate child support, as that is where the majority of an individual’s income typically comes from.
What Is the Impact of Employment Changes on Child Support?
Employment changes can have a major impact on child support. In some situations, a paying parent may avoid working in order to try and avoid paying child support.
It is important to note that a court can impute income to a parent even if they are not earning that amount in order to ensure that the child’s needs are met and deter parents from ignoring their responsibilities.
Courts will examine three factors when determining whether to impute income to a parent, including:
- Ability to work;
- Opportunity to work and;
- Willingness to work;
The reason for the parent’s unemployment or underemployment is a major factor. If a parent suffers a job loss that is not their fault, they will not likely have income imputed immediately.
If the current earnings of the paying parent do not reflect their actual income or earning capacity, a court can review other factors to determine an appropriate amount of potential revenue, including:
- Historical earnings from the past five years;
- Education or vocational training;
- Employment history;
- Available employment opportunities in the community; and
- Reasons for leaving a previous job.
There are situations where a paying parent’s job or income may change for reasons other than trying to avoid paying child support. If an individual’s income fluctuates significantly from year-to-year, they may check with their local family law court to see if the court has documents for explaining this situation to the court.
Can a Child Support Order Be Modified?
Yes, if the financial situation of either of the parents changes significantly, a parent can file a petition for child support modification with the court. This will allow the parent to present evidence to support their request for an adjustment or modification.
For example, a parent may be able to show that the child is incurring additional expenses at school and requires more money for academic support. It is important to be aware that child support amounts are never automatically changed.
If a child support order was the result of a divorce proceeding, the parent seeking a change will need to file their petition in the court that issued the order. Changes in circumstances that may support a modification of a child support order include:
- A job change for either of the parents that decreases or increases their income;
- Changes to the custody arrangement or visitation schedule;
- Temporary economic hardship ;
- A child with a medical emergency; or
- A significant change related to other needs of the child, for example, an increase in educational expenses.
It is important to be aware that one parent cannot make a unilateral decision to incur a large expense for the child and then force the other parent to help pay for it, for example, sending the child to private school. A court will review each situation and determine what share, if any, of a new expense each parent will be responsible for paying.
If an individual believes they need to have a current child support order modified, it is important to consult with a lawyer to determine the proper venue, rules to follow, and best evidence to present.
How Can Parties Resolve Child Support Disputes?
Disputes may arise over child support but should be resolved as quickly as possible for the benefit of the child or children. It is important, whenever possible, that the parents have open communication regarding the child’s needs and the costs associated with those needs.
If a dispute arises that the parents cannot settle on their own, family mediation is an excellent resource that allows a professional to guide them towards an agreement, if possible. If the parties still cannot agree, they may have to present their arguments to a court and have the court make a determination.
A court will use the child’s best interest standard when making any decisions related to children in family law cases.
What Are Factors to Consider Related to Child Support?
There are many factors and issues related to child support that parents should be aware of. The failure to pay child support may result in various legal consequences, including an order finding the non-paying parent to be in contempt of court, or even criminal charges in serious cases.
In serious cases, the non-paying parent’s property and assets may be affected by outstanding child support debt. Their credit may also be affected.
A custodial parent can usually request services from local district attorney’s offices or other government agencies that are charged with collecting child support. Or, an individual may consult with a lawyer about collecting unpaid child support.
Government agencies do not charge a fee, but it may take longer to get the payments. Private collection agencies can pursue the unpaid support, but they will take a percentage of the money collected.
It is important for both paying and receiving parents to have a financial balance that ensures they can meet their commitments and care for their child as necessary.
What Are Some Important Lessons Related to Child Support?
The most important lesson related to child support is that the child is most important in the situation. Parents should not use their child or children as pawns to punish or get back at the other parent by making them pay more.
Children are very aware of what is going on around them and will likely be affected by these circumstances for many years. Modifications and changes to the support amount may be necessary and it is important for the parents to work together for the benefit of their children.
Should I Seek Professional Assistance?
It may be helpful to seek professional advice regarding child support in an individual’s state. For example, a lawyer can provide an individual with the exact formula for imputed income calculation and how much child support they may owe or may be provided.
If an individual needs to seek child support payments from the other parent outside of a divorce, they can contact their local Office of Child Support Enforcement, which is an agency of the federal Department of Health and Human Services (HHS) to file an application for child support with the required paperwork.
There are several ways to compel the a non-paying parent to contribute the required amount, such as:
- Wage garnishment, where the employer is required to withhold a certain amount from the non-paying parent’s paycheck and forward the money to the parent who is supposed to receive the support;
- Garnishing the delinquent parent’s tax refund;
- Placing a lien on their property;
- Revoking their driver’s or professional license;
- Denying or revoking a United States Passport if the parent owes more than $2,500; and
- In some cases, a parent behind on their child support payments may be held in contempt of court for failing to follow the court order and be required to serve time in jail.
Should I Consult with a Lawyer?
If you have any issues, questions, or concerns related to child support, it is very important to consult with a child support lawyer. If you need to negotiate the amount with the other parent, your lawyer can also assist.
If you need to request a modification, your lawyer will prepare the documents and represent you during the hearing or settlement meeting. If you are the paying parent and are considering changing employment or your employment has changed already, your lawyer can help you best explain your situation to the court.
