Child support can be a complex subject to tackle for some people. However, the best way to overcome mishaps is to arm yourself with knowledge and be prepared. If you will be a party to court-ordered child support, either on the giving or receiving end, there are a few things you should know.

Here, we'll break down what child support is, how it's established, modified, and enforced, and how the required payment amount is calculated.

What Is Child Support and How Can It Be Used?

Child support is an amount of money that a non-custodial parent is ordered, by the court, to pay to the other parent who has custody. The purpose is to ensure that both parents maintain their financial obligation in caring for their child or children.

The child support payment amount encompasses the costs of necessities, including food and clothing, housing, health care, and education-related expenses.

Suppose the custodial parent and child receive government assistance, like SNAP, ADC, Medicaid, or childcare assistance. In that case, the child support payment will be disbursed to the state to cover those costs.

Establishing, Modifying, and Terminating a Child Support Order

Let's assume you and your spouse have children together and are going through a divorce. Then, you can determine child support during divorce proceedings. The payment will be ordered in the final divorce decree.

If you are unmarried, have children, and paternity is verified, the custodial parent can obtain an order for child support in one of two common ways.

1. Privately hire an attorney to petition the court for child support.

2. Apply through the state's health and human services department, where the state's attorney would petition for an order.

The difference between the two is important. For example, private attorneys act on behalf of their clients. In contrast, state attorneys act in the state's best interest and, of course, the child's.

Can the amount of child support be changed?

Depending on the child's age when support was ordered, a change in the financial circumstance of either parent is not uncommon. So, your order for child support can be modified when necessary, and either parent can request such changes.

Upon entering a petition that justifies the need, courts will consider a modification. Specific circumstances that call for a modified payment include:

• Change in the income of either parent, including obtaining or losing a job
• The birth of an additional child for which the non-custodial parent is responsible for
• Change in custody arrangements
• Changes in costs for education, health, or childcare
• The parent becomes temporarily unable to pay; examples include temporary incarceration and disability

How can I end a child support order?

Child support is an optional legal means to ensure a child is financially provided for. If both parents agree on their own, they can terminate an existing child support order by petitioning the court. However, in many cases, the relationship between the custodial and non-custodial parent is not amicable. Thus, legal protection is necessary to ensure child support payments are made as agreed.

Beyond voluntary reasons, there are a few situations that call for the termination of a child support order, including:

• The child reached the age of majority or became emancipated.
• The child was adopted, or the non-custodial parent's rights were terminated.
• The non-custodial parent is unable to work due to a permanent disability.

In most cases, child support orders do not automatically terminate, and petitioning the court is required to prompt such action.

How Is Child Support Calculated?

Child support is determined by factoring the child's needs with the parent's income and ability to pay. The child support payment calculation follows specific state guidelines to ensure fairness and that the child is financially provided for based on basic living standards.

Determining a child support payment involves the complete calculation of income, assets, and expenses of both parents. Typically, parents will complete a worksheet that is submitted to the court along with the petition.

The following information is needed to determine a child support payment:

• Income and Assets – You will be required to show proof of income from employment or self-employment by way of W-2's, pay stubs, and/or tax returns. In addition, assets such as home equity, vehicles, or other property must be accounted for as well.
• Number of Dependents – Information on all dependents for which both parents are responsible, including those of previous relationships, must be submitted to the court.
• Health Care – Monthly health insurance premiums that cover the child directly factor into the payment amount.
• Childcare and Education Tuition – Daycare costs are considered in the formula when calculating the child support payment. In some cases, courts will consider education tuition and related expenses as well.
• Time Spent with the Child – Shared custody arrangements and overnight visits impact the amount of child support ordered by the court, giving credit to each parent for their time.
• Other Types of Support – Spousal support and child support for other children paid by either parent is also a factor.

While there is a set formula in place, not everyone's situation is the same. Therefore, in your petition, you can ask the court to consider any relevant information you believe is significant to the financial obligation in caring for your child.

What Happens If Child Support Is Not Paid?

Child support, which the court orders, is a legal obligation. If a parent does not comply with the court order by refusing to pay, child support enforcement agencies can take legal action to secure these funds. These actions include:

• Wage and bank garnishment
• Seizure of tax refunds, inheritance, or lottery winnings
• Suspension of driver's license or passport
• Jail time if held in contempt of court

Establishing and enforcing a child support order can be a complicated process. If you need help with your child support case, you don't have to go it alone. Hiring an experienced attorney can take the stress out of the situation, allowing you to focus on your child.

If you have questions about child support and want to connect with an attorney, contact us today.