A “support order” is an order created and issued by a family court judge or magistrate that tells one party they must pay money to the other party. The most common examples are child and spousal support (alimony) orders. These orders are most often made during a lawsuit for divorce, legal separation, or paternity cases. In most instances, the support order is issued as part of the final judgment ruling in a formal divorce case.
However, the parties can file for a support order before the divorce is done or after it’s completed, but it requires follow-up to determine the amount of a support order. Of course, if there is a paternity case, the court will determine whether the alleged parent is the child’s biological parent and then determine how much the parent should be ordered to pay.
A support order will contain the following information:
- Names and contact information of all the parties involved (both spouses and the children)
- The amount of support to be paid
- How long the support is to be paid
- When support should be paid (typically on the first of each month)
- What types of measures will occur if the support payment isn’t made
- How to modify or adjust the support order
What Are the Advantages of a Formal Support Order?
Court orders can be made orally, but there are generally more advantages than disadvantages to getting a formal, written support order.
A written support order is easier to enforce since the terms are clear and the consequences for failure to pay are established. An oral order requires a copy of a transcript of the trial or other court hearings to be generated, which can take a lot of time and money.
Also, an oral support order is usually trickier to nail down since one party can argue that the oral order was modified at a later date, and so now the parties have to examine the complete case record to verify whether there was or was not a later order. A written court order is easier to enforce than an informal, out-of-court support agreement.
In addition, a formal support order usually provides a record of the court’s method of calculating the amount of money to be paid, as well as the history until that point in time of what payments have been made (e.g., the order might say “on the basis of calculations done on the Minnesota Child Support Calculator, the Respondent is ordered to pay the Petitioner child support of $1,100 per month, due on the first of the month.” When calculating adjustments in the future, the court can refer to a previous support order to determine the amount of previous support payments.
How Can I Get a Support Order? What if the Order Is Breached or Violated?
If it is a matter of determining the child’s biological parent, then a paternity case will have to be prepared and filed. Calculating support will be a natural part of that proceeding.
Every final divorce or legal separation decree will state how much child support will be paid and spousal support (if any). If you need an order while the divorce or legal separation is pending or after the divorce has been finalized, you can obtain a support order by filing a motion with the court requesting one. This will likely require you to submit additional information and documents for proof of your income and monetary needs, as well as your spouse’s income and household expenses.
If a support order is violated or breached, you can file a motion with the court asking it to enforce the order. Remedies may include:
How Are the Provisions of a Child Support Order Determined?
The amount of child support ordered to be paid is generally calculated based on a formula outlined in the state’s laws. Determination of the amount of child support and who will pay whom incorporates several factors, including:
- Each parent’s gross monthly income
- How many children each parent has
- The monthly cost of medical and dental coverage
- The amount of childcare costs
- Any child support orders already in place
- Any spousal maintenance orders for either parent
- The amount of any benefits the child(ren) receives from Social Security or the U.S. Department of Veterans Affairs because of a parent’s disability or retirement
- The amount of parenting time each parent will get with the child(ren). Typically, the parent who has the child for the greatest number of days/hours will receive child support, and the other will pay it
- Any special needs a child has. A parent being ordered to pay support for a child with significant special needs will likely have a much higher child support payment than would otherwise be ordered, especially if the child needs around-the-clock medical supervision.
If you want to know the exact formula and how much child support you may owe or will be, you should contact a local family law attorney for the most accurate and complete answer.
Parents can decide on their own to modify the official state calculations based on the details of their own case. For example, when parents mutually agree to enroll their child in an expensive private school, the parties might agree that one parent or the other should bear the burden of that expense. This would be part of the child’s support and could be enforced by the court.
How Long is Child Support Due?
Typically child support lasts until the child reaches the age of 18 or the child graduates from high school, whichever event occurs later. However, parties may agree to extend all or part of the child support obligations for a longer period. For example, the parties could agree to maintain and split the cost of health insurance on their child until that child reaches the age of 26.
It is also important to note that child support obligations may never be discharged or stopped unless declared by court order. This means that if financial circumstances change for the party paying child support, that party must request a modification of the order by the court. The party cannot file bankruptcy or try to be rid of their child support obligation through any other means.
Spousal Support (Alimony)
Alimony used to be awarded in many divorce cases. That is not the case anymore. Now, alimony is usually granted only in cases where spouses have unequal earning power and have long been married. The duration of the marriage is crucial in some cases.
Factors used in determining the amount of spousal support include:
- The age, physical condition, emotional state, and financial condition of each spouse
- The length of time the recipient of the support is expected to need to acquire education or training to become self-sufficient
- The couple’s standard of living during the marriage
- The length of the marriage
Alimony can be a lump-sum payment, a property transfer, or periodic monthly payments. A monthly payment typically ends when the supported spouse remarries, or the judge determines support is no longer needed.
Do I Need a Lawyer for Help with a Support Order?
Support orders are crucial for the proper functioning of various parties in a divorce, especially if children are involved. You may wish to contact a qualified alimony lawyer in your area if you need legal assistance. Your attorney can provide legal representation during the proceedings and help you file the necessary paperwork to obtain a support order.
