Child Support Guidelines

From LoveToKnow Divorce

Under United States federal law, each state is directed to develop its own child support guidelines. This way of providing for dependent children is not without its faults, even though the guidelines were developed as a way to protect the welfare of children when their parents' relationship breaks down.

Child Support Guidelines Overview

Under the provisions of the Family Support Act of 1988, all judges in all states can make child support awards to give the custodial parent the means to provide for the care and maintenance of minor children. Legal judgments handed down set precedents for not including alimony as part of the amount ordered for child support payments. In ruling on this issue, the Oregon Supreme Court declared, "the money is for the support and welfare of the children, not for the enrichment of the custodial parent." (In re Marriage of Hering, 84 Or App 360, 733 P2d 956 (1987).

Child Support and Alimony

Lawyers in family law cases were able to successfully argue that child support could not be used to equalize the income levels between the spouses. The reasoning is that alimony can be used to bring each household to a similar standard of living. Divorcing spouses are not automatically entitled to alimony; the decision of whether to award spousal support is made by judges, who need to consider the length of the marriage, recipient's ability to become self-supporting, and other factors when determining if alimony is appropriate.

No Upper Limit for Child Support

The "More is Better" School of Thought looks at the issue of child support from the point of view that the more money that is available to provide for dependent children, the better level of care they will receive. This point of view also supports the idea that children should continue live in the same style they were enjoying before their parents separated.

Child Support Guidelines Issues

One problem with using general child support guidelines to determine how much a non-custodial parent should pay is that they don't take into account the non-custodial parent's ability to pay. Simply directing that a certain percentage of the non-custodial parent's income should be directed toward child support payments doesn't take into account the other financial responsibilities that person has.

Taking a specific figure and using it for child support guidelines may also be flawed. Deciding that a non-custodial parent who has two children owes $[X] dollars per month for child support also doesn't consider the person's ability to pay or whether the child who needs support has special needs that would require a larger financial contribution.

Cost of Raising Children vs. What Parents Spend on Children

A problem that comes up when considering what is appropriate for child support guidelines is the issue of what the cost of raising children "should" be, as opposed to what individual parents choose to spend when providing for their children. Parents can choose to shop at a discount department store for their children's clothing needs, but if they have the means, they could also decide to outfit their youngsters at an upscale boutique that carries only premium brands.

Judges were put in the position of having to interpret the law to determine what constitutes a "reasonable" amount for child support payments. When listing household expenses, the custodial parent may have been tempted in some cases to adjust the amount they were spending on expenses relating to the children to get a larger award. Using the example of children's clothing, the non-custodial parent may have taken the opportunity to argue that since discount stores carry clothing for kids that is presentable, it's not reasonable to expect him or her to pay for the increased cost of high-end items.