Child Support Payment

From LoveToKnow Divorce

The family court in your state will determine the amount of any child support payments after the parents file for a divorce. Child support payments are meant to provide for the basic living needs of minor children, or children over 18 years old who attend school. The court can require either parent, regardless of gender, to support their children.

Determining How Much is Owed

Each state has their own child support guidelines that the court uses to determine how much must be paid to support the children. Generally, these guidelines are based on each parents’ income, how much the child spends with each parent, and whether the parent is obligated to support other children.

Modifying Child Support Payments

The court will change the amount of child support payments when there is a change in the circumstances of the parents. If the non-custodial parent loses their job or becomes disabled, then the court will change the amount they are required to pay. Also, if the non-custodial parent receives an increase in income, the court may require that they pay additional child support. For example, the court will not allow you to advance in your career and make more money but continue to pay child support as if you are a poor college student.

Once a parent requests a modification of the child support payments, the court will hold a modification hearing. At this hearing, both parents must submit evidence that their circumstances have changed such that the modification is necessary. Parents will submit tax returns, termination letters, payroll check stubs, medical records of any disability, or evidence of receipt of government assistance such as unemployment benefits.

Only the judge or family support magistrate can order a change to a child support order. If the parents agree to modify child support payments without going to court, that agreement may not be enforceable in their state.

Joint Custody

Many states require that the parents share joint custody because it is usually in the best interest of a minor child. When the parents share joint custody they must work together and share in the right and responsibility to decide health, education, religious, and daily welfare issues. With joint custody, the children often spend half their time with their mother and half with their father.

When both parents share the custody of their minor children, the court will calculate child support payments differently then if only one parent has custody. The theory is that each parent is responsible for the child’s expenses when the child is in their physical custody, and since physical custody is shared, those expenses are also shared. But if one parent earns substantially more income than the other, the court may order child support payments. For example, if the child lives with one parent in a tiny apartment for part of the time and then lives with the other parent in a mansion for the rest of the time, the court may order that the wealthier parent contribute child support to allow the child to have a similar standard of living with both parents.

Special Circumstances

Children with special needs also have special child support needs. If your child is disabled or will need special care after they reach age 18, the court may order that both parents make child support payments to a "Special Needs Trust". Normally, child support payments belong to the child and the parent acts as a trustee to use the money for the benefit of the child, instead of the benefit of the parent. When there is a special needs child, the court may require parents to purchase additional insurance or make payments to the “Special Needs Trust” in addition to paying for regular monthly living expenses.

Children over the age of 18 who attend school may continue to receive child support payments. It used to be the law that child support payments and responsibility ended when the child reached the age of 18, but now that has changed in most states. Many states require parents to continue making child support payments while the child is getting an education after high school. Usually, these payments are made directly to the child instead of the custodial parent.