Reserve Child Support Attorneys

Child support is a court-ordered payment that is made by one parent to the other for the benefit of their child. Child support laws differ in each state, but all outline the amount of the support based on custody (or how much time the child lives with each parent), as well as the parent’s income and finances. 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 generally the parent who is ordered to make child support payments.

The purpose of child support is to provide for the child’s financial needs, even in situations in which they do not live with both parents. Additionally, 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.

Some examples of such financial needs that are addressed by child support payments include, but may not be limited to:

• Food, shelter, and clothing;
• Medical care and health-related expenses; and
• Educational expenses, such as private school tuition.

Mandatory child support is the means by which the court can ensure that non-custodial parents are contributing to the needs of their children. Mandatory means that the support is required by law, and the parent who is required to pay cannot escape that obligation. Additionally, the parent with physical custody of the children cannot refuse to accept the child support payments that the court has ordered for the child.

When parents do not share physical custody 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 be required to pay child support. Any gender of parent can be ordered to pay child support, and it is not necessary that the parents were ever married in order for a parent to be ordered to pay child support.

When there is a dispute regarding who the biological father of the child is, the court will generally order a test in order to determine paternity before calculating and ordering child support. Adoptive parents will be subject to child support laws; however, absent a legal adoption, step-parents are not obligated to pay child support to their step-children.

How Is The Amount Of Child Support Payment Determined?

Each state has its own guidelines that are used to calculate the specific child support payment in each situation, but payments are generally based on the specific circumstances of the parents who will be paying. The support guidelines will generally give the court a range of options, and the judge can order an amount within that range. Some states give judges a considerable amount of discretion when determining the final amount, while other states require the court to adhere to strict guidelines.

Certain factors must be considered when figuring out the final child support obligation, regardless of the circumstances or the state. Examples include:

• The specific needs of the child, including healthcare needs and medical expenses, education, childcare, and other special needs;
• How many children the parent is responsible for supporting;
• The custodial parent’s income compared to that of the non-custodial parent;
• The ability of the non-custodial parent to pay child support; and
• In the case of divorce, the court considers the child’s standard of living before the divorce or separation.

Each parent will be required to submit their financial information to the court, generally in the form of a financial statement which outlines all monthly income and expenses. The court uses this financial information, as well as the amount of time that each parent spends with the child pursuant to any custody arrangement and visitation schedule, and uses a child support calculator to determine the amount that will be owed each month.

What Is A Reservation Of Child Support?

Either parent can request a reservation of child support in order to delay determination of child support amount. Reservation of child support generally means that the court puts off making a decision about child support payments, until the facts of the case change enough for them to make an informed decision regarding the payment amount and schedule.

Essentially, “reserved judgments” mean that the court recognizes that there is an issue that must be resolved, but will not resolve it at the time of judgment. As such, the issue will later be revisited, most likely when the custody arrangement is clarified.

Reservation of child support terminates when either party requests a decision on the issue of child support from the court. The process to repeal a reserve can take a considerable amount of time, and involves filing a petition and beginning a new legal process.

It is important to note that awards cannot be made retroactively; what this means is that you cannot receive child support for the time period prior to requesting the repeal of a reservation. This is why it is imperative that action is taken well in advance, before the issue becomes more complex.

Can I Choose Another Type Of Financial Support Instead Of Child Support?

The custodial parent may not want to receive child support payments. In such cases, there are other forms of financial support that they may choose instead. Some examples include:

• A Larger Portion Of the Marital Assets: Marital assets are associated with divorce and separation cases. Generally, it refers to any property that was obtained over the course of the marriage, regardless of who may own it or hold the title to it. Examples include homes and other real estate, vehicles, and stocks and bonds. Instead of receiving child support payments, the custodial parents may request to receive more of these assets;
• A Smaller Portion Of the Marital Debts: Marital debt refers to the amount of money that is owed by two people when they get a divorce. This generally includes lines of credit, such as auto loans or credit cards. The custodial parent might request less responsibility for these debts in lieu of child support; and
• More Spousal Support or Alimony: Alimony is a regular amount of money paid to a spouse during a divorce or separation, intended to provide financial assistance to the other spouse until they become self-supporting. This could be the best choice for a custodial parent whose own immediate expenses far outweigh those of the child.

Do I Need A Lawyer To Get A Reservation Of Child Support?

To reiterate, reserving child support requires a separate process in already complex circumstances. Additionally, determining whether to request the reservation of child support or request another form of financial support can considerably impact your parental rights. As such, reservation of child support is a decision that should be made after considerable education.

You should consult with a child support attorney who will ensure that you understand your rights and legal options according to your state’s specific family laws. Your lawyer can help you decide whether you should pursue a reservation, and assist you in requesting in such a way that will prevent you from losing any of your parental rights when the reserve is repealed.