While there are many issues that may need to be addressed when couples decide to get a divorce, some of the key concerns that can affect parents are related to child support. This issue may also arise in other family law cases, since child support orders may be established in situations where unmarried couples break up. By understanding the purpose of child support, who may be required to pay support, how payments may be calculated, and other issues that could affect these cases, parents might be able to resolve these concerns in a way that aligns with their circumstances. Consulting with a family law attorney could provide insight into the various steps that might be taken to meet their children’s ongoing needs.

Understanding the Purpose of Child Support

Child support payments generally consist of money that one parent may pay to the other to help cover the costs of raising their child. Child support is not necessarily meant to be a penalty or a reward. The goal is to help ensure that both parents are contributing to the costs of raising their children.

The payments that one parent makes to the other are intended to cover a broad range of daily needs, such as housing, food, clothing, transportation, and basic educational expenses. Other costs may also be addressed, including health insurance, medical care, and child care.

How Child Support May Be Calculated

Each state has laws that provide guidelines for calculating the amount of child support that might be appropriate in a family law case. In some instances, courts could deviate from these guidelines based on a family’s specific circumstances, but the guidelines are usually followed in most cases. Examples of how child support might be calculated include:

Income Shares Model

In states that use this approach, the court could estimate the amount that parents might have been likely to spend on child-related expenses if they were still together. That amount could then be allocated between the parents in proportion to their respective incomes. For example, if the combined child-rearing cost is estimated at $1,200 per month, and Parent A earns 60% of the couple’s combined income while Parent B earns 40%, Parent A’s share could be $720, and Parent B’s share might be $480. Other factors, such as the amount of time children spend living with each parent, might also be considered. One parent will generally be required to pay their portion of child support to the other parent.

Percentage-of-Income Model

In some states, child support might be calculated based on a specific percentage of the noncustodial parent’s income. The percentage is typically based on the number of children. For instance, a state’s laws could set percentages at 20% for one child, 25% for two children, and so on. The noncustodial parent may be required to pay this percentage of their income to the other parent.

Income Used to Calculate Child Support

All income earned by a parent is typically considered when determining the amount of child support that should be paid. Income might include wages, salaries, bonuses, commissions, tips, self-employment earnings, and certain benefits. Courts may “impute” income if a parent is voluntarily unemployed or underemployed, and that parent’s child support obligations could be based on the income they should be able to earn based on their recent work history, job skills, and local labor market data.

Because the methods used to calculate child support can sometimes be complicated, parents may need to take steps to learn about the specific laws and the procedures followed in family courts. A child support lawyer can help clarify these issues and assist with establishing child support orders.

Child-Related Expenses Addressed in Child Support Orders

In addition to the base amount of child support determined using the guidelines provided in state laws, parents may also need to address other expenses. These expenses may be divided between parents and added to child support orders. Expenses addressed in family law cases might include:

• Health Insurance Premiums: Parents may be required to ensure that children have health insurance coverage, such as by including them in one parent’s health plan. The costs of premiums required to provide coverage for children could be divided between parents.
• Unreimbursed Medical and Dental Expenses: Parents may be required to divide costs such as co-pays, deductibles, orthodontic treatment, mental health counseling, and vision care.
• Work-Related Child Care: The costs of daycare, before- and after-school programs, or babysitting that is needed so a parent can work or attend school may be divided between parents.
• Educational Costs: Parents may need to address expenses such as school activity fees, books, technology, or tutoring.
• Extracurricular Activities: Fees related to sports, music lessons, clubs, camps, or competitions may be addressed in a child support order.

When Child Support May Be Modified

Child support orders are typically based on a family’s circumstances at the time parents get divorced or when a child custody order is put in place. However, these circumstances can change, and child support orders might be modified as needed. Some of the reasons for child support modifications may include:

• Substantial Change in Income: A job loss or a reduction in hours might affect a parent’s ability to pay child support as required. In these cases, they may be able to request a decrease in the amount of child support payments.
• Changes in Parenting Time: If a new schedule will be put in place that will increase or decrease the amount of time children will spend with a parent, this could trigger a recalculation of child support.
• Child-Related Changes: When children experience changes in their lives, this may result in additional expenses. For example, major health issues affecting a child might require parents to determine how they will share the costs of medical treatment.

A parent who believes that a modification of child support is necessary may file a petition with the court requesting an adjustment in the amount that should be paid going forward. They may need to provide evidence showing that a significant change in circumstances has taken place. A child support attorney can provide guidance on how to request modifications, and they can assist with a petition and the related legal proceedings.

Child Support Enforcement

In some cases, a parent might need to take steps to ensure that child support is being paid correctly. When child support has not been paid, a parent may be able to ask the court to enforce the child support order. To ensure that ongoing payments will be made and recover past-due amounts, the court could issue a wage garnishment order or take other steps, such as placing a lien on a parent’s property. In some cases, a parent may even be held in contempt if they repeatedly refuse to pay child support. A child support lawyer can help a parent understand their options for child support enforcement.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. Child support laws and procedures can vary by jurisdiction, and individual circumstances may affect the outcomes of legal proceedings. For specific guidance regarding your situation, it is recommended that you consult with a qualified family law attorney.