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 Child Support

 

Child support refers to the payments made from one spouse to the other for the support and upbringing of their children.  Parents have a legal obligation to make sure their child is taken care of financially, regardless of their divorce or never having been married.  Child support payments are normally made by the non-custodial parent.  Parents may request a paternity test prior to paying support payments.  Child support payments do not have to be decided by the courts.  Parents can come to their own agreement, but will want to have it legally documented.  Parents who are able to reach an agreement out of court, normally with the help of their lawyer, typically have more success with paying and receiving payments. 

 

Child Support payments are based on many factors which are different in each state and can even vary from situation to situation.  The federal Family Support Act of 1988 required states to establish guidelines on how to formulate payments.  States still allow judges some leeway in deciding the actual payment of support, as long as state and federal guidelines are followed.  Some states require both parents to complete a financial statement regarding all of their assets and debts.  Most support payment decisions are based on some of the following factors:

 

·         Number of children and their ages

·         Parents income, employee benefits

·         Parents financial needs and their ability to pay support

·         Children’s standard of living prior to a divorce

·         Healthcare expenses, special needs expenses

·         Education expenses

·         Child care expenses

·         Other documented child support payments being consistently made

·         Type of custody arrangements

 

Medical Insurance is not always a part of child support payments.  This is sometimes the responsibility of the custodial parent or parent receiving the support payments.  Parents and judges sometimes evaluate which parent has the lower cost and better plan for medical insurance.

 

Child support payments can be made directly to the payee or through the individual’s state enforcement agency.  It is important that precise documentation be made by both the payee and the payer for all child support payments made directly to the payee.  When parents have an arrangement between them regarding paying child support and that agreement is not being honored, you may need to go before the courts and seek an order for payment of owed support.  For parents who have court ordered support, they merely need to file a motion with the courts informing them of non-payment of child support. State support enforcement agencies can often be useful in collecting child support payments.

 

The duration of child support payments continues until the child is legally emancipated, reaches a certain age, becomes self-supporting or goes on active military duty.  However, child support may be needed longer if the child goes to college or requires special needs.  Although duration of payments varies between states, most states do agree that both parents are legally required to be financially responsible for their children from birth until the end of high school. 

 

Support payments are intended to be used to support the child.  The payor, person paying support, does not normally have any control on how the support money is being used.  It may be of benefit for the payee to keep a written account of how support payments are being used.  This could be helpful if the payor or courts question your need for support.

 

Child support payments are not taxable for the payee, person receiving the payments. Child support payments are not deductible by the payor, person making the payment.

 

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Child Support Topics: (click on each for description)

 

How Child Support is Calculated

Non-Payment of Child Support

Child Support Modification

Establishing Paternity

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