Child support is the legal term that describes the court-ordered payments that are made by one parent to the other parent of a child for the benefit of their child or children. It is important to note that child support laws differ in each state.
However, all child support orders typically determine the amount of support based on the custody or possession of the child or children by each parent in accordance with the best interest of the child standard. The best interest of the child standard is the standard that is utilized by Hawaii family court judges.
In general, 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 the parent who is commonly ordered to make child support payments. This parent is often referred to as the noncustodial parent. In a child support order, the noncustodial parent will be ordered to be the “payor” and make child support payments to the custodial parent that receives the money as the “payee” for use in providing for the child.
The 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. In the eyes of the law and the state of Hawaii, both parents are responsible for the financial support of their children. As such, child support is necessary in order to ensure that both parents are fulfilling their legal financial obligations to their child.
Examples of common financial needs that are addressed by child support payments in Hawaii include, but may not be limited to:
- Food, shelter, and clothing for the child or children;
- Medical care and health-related expenses;
- Educational expenses, such as private school tuition or daycare expenses.
Mandatory child support is the legal means by which a Hawaii family law court can ensure that noncustodial parents are contributing to the needs of their child or children. The word mandatory means that the child support is required by law, and the parent who is required to pay cannot escape their support obligation. Similarly, the parent with primary physical custody of the children cannot refuse to accept the child support payments that the court has ordered for the child.
It is important to note that when both parents share custody of their child or children, then neither may be required to make child support payments. However, the family law courts in Hawaii may still order child support payments to be made if it is in the best interests of the child or children.
Importantly, if there is a dispute regarding who the biological father of the child is, the Hawaii family law court will generally order a paternity test to be performed to determine paternity before calculating and ordering child support. Further, in the state of Hawaii, adoptive parents are also subject to child support laws. However, absent a legal adoption taking place, step-parents are not obligated to pay child support to their step-children.
Who Needs to Pay Child Support?
As mentioned above, Hawaii law establishes child support to pay for the needs and maintenance of a child. Typically child support orders accompany custody orders, which are decided by a Hawaii family law court judge. Next, the judge typically determines the amount of child support payments to be paid by the noncustodial parent using the State of Hawaii Child Support Guidelines Worksheet created by the State.
As such, if only one parent gets custody, or if one parent obtains primary custody of the child, then the other parent normally has an obligation to pay child support.
How Do You Petition for Child Support?
In order to obtain an initial child support order in the state of Hawaii, you will first need to petition the family court for a child support order. The instructions, forms, and child support worksheets to help you petition for child support can be found on the Hawaii Child Support Enforcement Agency website. Additionally, each local family court in Hawaii will also typically have a copy of the forms on its website.
Any parent petitioning for child support will need to provide certain information to the court, including:
- The basic information about the non-petitioning parent (i.e., the parent whom the petitioning parent is requesting child support payments from), such as their name and current address.
- Importantly, this information will be used to serve the petition and accompanying documents on the non-petitioning parent;
- The name, address, and social security number of the petitioning parent;
- The name and address of the last known employer of each parent;
- Income information for both parents, including each parent’s assets;
- The birth certificate of the child for whom the child support is sought;
- A record of any previous child support order, especially if there was an order received in another state;
- Information about the child’s living expenses, including the cost of health care, daycare, or other special needs; and
- Any other documentation that may help the court determine the correct amount of child support or prove paternity if paternity is contested.
Once the petition is filed or the state initiates a child support action against the noncustodial parent, then the other parent will have an opportunity to respond to the petition. Then, after both parents have had an opportunity to be heard, a child support order will be entered by the Court.
What if You Don’t Pay Child Support?
If the parent ordered to make child support payments in Hawaii does not pay child support, then there may be severe legal consequences for that failure to timely make court-ordered child support payments. Examples of common legal penalties for failure to pay child support in Hawaii include:
- Reporting the failure to pay to credit agencies;
- Suspension of driving or professional licenses;
- Liens on personal property;
- Wage garnishment.
Additionally, if a Hawaii parent ordered to make child support payments does not timely make child support payments, the court may also issue a retroactive child support order. One action that a custodial parent may do is contact the Hawaii Child Support Enforcement Agency (“CSEA”). The CSEA will then pursue the parent that is not making timely child support payments and help the custodial parent enforce their child support order.
What Recourse Can the Other Parent Have if You Don’t Pay for Support?
In addition to the penalties listed above, say the paying parent misses payments and fails to get caught up on payments. In that case, the parent that is ordered to receive child support may obtain an order from the court that gives them the right to sue the parent obligated to make the payments.
Then, in order to get the unpaid child support that they are owed, the non-paying parent must file a complaint with the family court or initiate a claim with the CSEA to enforce their child support order.
How Can You Stop Paying Child Support?
In general, a parent that has child support requirements in the state of Hawaii is obligated to fulfill their requirements. However, child support in Hawaii ends when a child reaches the age of eighteen unless they are still attending high school. Child support payments may also last up to the age twenty three if the child is enrolled full-time in an accredited college or university or enrolled in a vocational or trade school.
The other conditions that may trigger a termination of a parent’s obligation to make child support payments are:
- Death of the child;
- Emancipation of the child;
- Marriage of the child;
- Adoption of the subject child.
Where Can You Find the Right Lawyer?
As can be seen, there is a wide range of laws that deal with the payment and collection of child support in the state of Hawaii. As such, if you have a case that involves a child or an existing child support order, it is in your best interest to immediately consult with an experienced Hawaii child support lawyer.
An experienced Hawaii family law attorney can help guide you through the child support process, whether that be obtaining the initial order, modifying an existing order, or terminating child support altogether. Finally, an experienced Hawaii family law attorney can also represent you in court, as needed.
