Child support refers to the scheduled financial contributions made by the noncustodial parent to the custodial parent to help meet the needs of their child or children. These payments are typically made monthly and result from a court order when parents are separated, divorced, or no longer living together. The purpose of child support is to ensure that both parents contribute financially to the well-being of their children.
The court determines the child support amount in the context of a divorce or separation. The child support order outlines the payment amount, frequency, and schedule. Either parent could be responsible for making payments, as the custodial and noncustodial roles can apply to both parents.
Each state has different laws and guidelines for calculating child support; no federal guideline exists. Factors considered by each state when determining child support amounts include:
Specific Needs of the Child
When determining child support, courts consider the child’s unique needs, which may encompass various aspects of their well-being. Healthcare needs include regular doctor visits, dental care, vision care, and necessary medical treatments or therapies. Some children may require specialized medical care due to chronic illnesses, disabilities, or other health-related issues.
Educational expenses include the costs of public or private schooling, textbooks, uniforms, and school supplies. Additionally, expenses related to tutoring, special education services, or other educational support may be considered.
Daycare costs are considered, especially when both parents work and require childcare services for their children during work hours. This may also include after-school care or summer programs.
Special requirements refer to the child’s unique needs, such as adaptive equipment for children with disabilities, therapy or counseling services, or other support services that contribute to the child’s overall well-being and development.
Gross Monthly Income of Both Parents
Courts assess the financial capabilities of both parents by examining their gross monthly incomes. This includes salary, wages, bonuses, commissions, and other income sources, such as investments or rental properties. The parents’ incomes play a significant role in determining the amount of child support to be paid, as it establishes their financial capacity to contribute to the child’s upbringing.
Age and Status of the Child
The child’s age impacts the amount of child support, as younger children typically have different needs than older children. For example, younger children may require more daycare or supervision, while older children may incur higher educational or extracurricular expenses.
The child’s status (such as whether they have special needs or exceptional talents) can also affect the child support calculation, as these factors may necessitate additional expenses for care, education, or other support services.
Number of Children Needing Support
When multiple children require support, the amount of child support generally increases. Courts consider the needs of all the children involved, ensuring that each child receives adequate financial support from both parents. In cases involving large families, child support payments may be more substantial to cover the necessary expenses associated with raising multiple children.
The Child’s Standard of Living Before the Divorce
The court aims to maintain a consistent standard of living for the child following the parents’ separation or divorce. This involves examining the quality of life that the child experienced before the divorce, including the type of housing, neighborhood, schooling, and extracurricular activities they were accustomed to.
By considering the child’s pre-divorce standard of living, the court can establish a fair child support amount that helps maintain a similar quality of life for the child after the parents’ separation.
What Expenses are Covered by Child Support?
Child support payments are meant to assist with necessary and reasonable expenses for the child’s upbringing, not for the benefit of the receiving parent. Some typical expenses covered by child support include:
- Food;
- Housing;
- Clothing;
- Healthcare and medical expenses;
- Educational costs; and
- Some extracurricular expenses, such as after-school programs or sports.
Certain expenses fall into a gray area regarding child support. Examples of these expenses are:
- Cosmetic medical procedures, with varying opinions on orthodontic braces;
- Private school tuition; and
- College expenses.
Courts will decide on a case-by-case basis whether these gray-area expenses should be included in child support payments. Regional cost of living and available scholarships may influence the decision.
Some expenses should not be covered by child support payments, such as:
Items that Benefit the Parent, Not the Child
Child support payments are intended to provide for the child’s needs and well-being, not to fund the lifestyle or expenses of the custodial parent. Therefore, child support payments should not cover expenses that primarily benefit the parent rather than the child.
Examples include personal grooming or clothing for the parent, gym memberships, adult entertainment, or social outings that do not involve the child. The custodial parent should cover these costs separately without using child support funds.
Luxury Items
While child support payments aim to maintain the child’s standard of living, they are not meant to cover unnecessary luxury items beyond the child’s basic needs. Luxury items might include high-end clothing or accessories, expensive electronics, or extravagant toys and games.
Although it’s acceptable for parents to provide their children with occasional treats or rewards, consistently purchasing luxury items with child support funds is inappropriate. Instead, child support should prioritize essential expenses such as housing, food, healthcare, and education.
Extravagant Vacations
Child support payments should not be used to fund lavish vacations beyond the child’s typical standard of living. While children need to experience family vacations and create lasting memories, these trips should be reasonably priced and aligned with the family’s financial means.
Extravagant vacations may involve:
- Staying at luxury resorts.
- Engaging in costly recreational activities.
- Traveling to far-off, expensive destinations.
It’s crucial to remember that child support is meant to cover the child’s essential needs and maintain a consistent standard of living, not to finance excessive indulgences.
Illegal Activities
Child support payments must never be used to fund illegal activities or support unhealthy habits such as gambling. Using child support funds for illegal purposes is morally and ethically wrong and can lead to severe legal consequences for the custodial parent.
If it’s discovered that child support payments are being misused for illegal activities or to fuel a gambling addiction, the court may intervene, reevaluate the child support agreement, and potentially impose penalties on the offending parent. Sometimes, the court may reevaluate the custodial arrangement to ensure the child’s well-being and safety.
Submit questions or changes regarding child support to the court overseeing your case. The judge will assess whether the requests pertain to valid child support expenses.
How Can Child Support Orders Be Enforced?
Enforcing child support orders is crucial for the child’s well-being. Failure to comply with the order may result in legal consequences for the violating parent. If a parent refuses to make payments, the local district attorney may take actions such as:
- Seizing tax refunds;
- Garnishing wages;
- Placing property liens; or
- Revoking driver’s licenses and passports.
Courts can also hold the violating parent in contempt, potentially leading to additional attorney’s fees and court costs.
Do I Need an Attorney for Help with Child Support Issues?
Addressing child support issues promptly and correctly is essential for the child’s best interests. Consulting with an experienced child support attorney can help you navigate your state’s specific laws and requirements and provide representation in court if needed.
An attorney can offer valuable guidance and assistance in resolving child support questions or disputes.
