Child support is financial assistance paid by the non-custodial parent to the custodial parent. Payments are for the care of the child, including housing, clothing, food, health care, etc. Penalties for non-payment of child support can include wage garnishing, license revoking and jail time.
Typically, the so-called “breadwinner” of the family will be required by the court to pay child support to the custodial parent for the care of the child after a divorce (this assumes that the “bread winner” of the family is not also the custodial parent).
As one of the many money issues involved in the ending of a marriage, it can be a rather touchy subject. But it’s important to remember that such payments are for the health and wellbeing of the child.
DETERMINING CHILD SUPPORT PAYMENTS
The Family Law Act of 1988 established numerical child support guidelines. The guidelines are designed to overcome three of the persistent problems in the award of child support: insufficient levels of support, inconsistency of criteria used by judges to fashion awards and inefficiency in the adjudication of child support. The formula attempts to balance the child's needs and the parents' ability to provide for those needs.
In most cases, the basic child support obligation is calculated by combining the parents incomes and multiplying that figure by the percentages set forth in the guidelines. These percentages vary according to the number of children. This number, the total child support obligation due, is then assigned to the parents according to the proportion of their individual contributions to the parents' total income.
Courts generally require each parent to complete a financial statement before making a decision on child support. In the financial statement, the parent must detail his or her monthly income and expenses. Based on the financial information and the amount of time each parent spends with the child, the court uses the state's standard formula to determine the child support amount.
OTHER FACTORS DETERMINING CHILD SUPPORT
Most courts generally look at each parents' gross income, minus any mandatory deductions like taxes, social security, healthcare, mandatory union dues and other child support payments they may already be responsible for.
Some courts may take into consideration a spouse's ability to earn versus actual earnings. Thus, if you have an income of $30,000 but have the earning potential to make $100,000, a court may hold you responsible for the higher amount.
The courts may also deem relevant the standard of living of the child before divorce or separation.
ENFORCING CHILD SUPPORT PAYMENTS
Because child support is so important, the Family Court has provisions for enforcement that include penalties for non-payment, such as wage garnishing, license revoking and even jail time.
If you are not receiving support payments that are owed to you, the district attorney of each State can help by serving the delinquent parent with papers requiring him or her to pay. If the non-paying parent still does not contribute their child support, the district attorney can take any of the following actions against the delinquent parent:
- Seize tax refunds
- Garnish wages
- Put liens on property
- Revoke driver's licenses
- Revoke passports
Child support payments may be modified if warranted by the situation. Usually, modification requires a showing of a "change in circumstances." A change in circumstance may include:
- Job change of either party that increases or decreases income levels
- Child custody or visitation changes
- Temporary economic or medical hardship of the paying spouse (unemployment, illness, etc.)
- Child's medical emergency
- Needs of the child change (school, daycare, etc.)
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