Child Support
Whether or not you have custody of your child or children after divorce, the issue of child support is sure to be an important issue in the proceedings. Before consulting with a divorce lawyer, it is a good idea to become familiar with the concept of child support and how it will be determined in your case.
What Is Child Support?
Child support refers to monthly, bi-monthly, or weekly payments made by the noncustodial parent to the custodial parent in order to help with the costs of raising the child. Regardless of the living and custody situation, both parents have a legal duty to financially support their child at least through the age of majority.
How Is Child Support Determined?
A child support agreement can be reached by the parties themselves and adopted by the court, or it can be drawn up entirely by the court and then imposed. The agreement may be part of a marital separation agreement (which can avoid legal fees) or as part of the divorce decree handed down by the judge.
Each state has its own guidelines embodied in the Child Support Calculator, which bases the amount of child support owed based on a percentage of each parent’s gross income. These guidelines are normally followed closely unless one of the parties can show that their application would be unfair in the case at hand.
Some of the major factors considered in the determination of child support awards include the following:
- Child’s age: older children are often more expensive to take care of than younger children.
- Child’s needs: special needs children require more financial support.
- Noncustodial parent’s ability to pay: income from all sources is considered.
- Custodial parent’s earning capacity: a new spouse’s income may also be considered.
- Other parental responsibilities: previous child support obligations and other expenses.
Remember that a child support order can be challenged at any time by either parent if there is a change in financial circumstances of either party.