Beyond the Basics: Understanding the Complexities of Child Support
Going through a divorce is a difficult situation, but it is only made more complicated when child support is involved. For those unfamiliar with it, child support is a legal obligation that requires one parent to financially contribute to supporting their child or children. This support plays a crucial role in ensuring children have access to basic needs such as food, shelter, clothing, education, and healthcare. In most cases, child support is paid when one parent doesn’t have the ability or doesn’t currently have a stable enough job to afford such items. In this guide, we will provide a comprehensive understanding of the various factors that affect and influence child support calculations.
Primary Factors Influencing Child Support Calculations
Given that child support typically ends sometime between 18-26 years old, it’s important to understand all the factors that go into paying this long-term cost. Generally speaking, there are three primary categories which are used to determine the specific amount of child support that will be received:
1. Income Level
Naturally, the first factor that will be considered is the income level of both parents. Child support is based on something known as net disposable income. This refers to the income a parent is left with after all taxes and necessary deductions have been paid. For example, if you have a gross monthly salary of $9,000, yet pay $3,000 in taxes and $500 in deductions such as for your medical, union dues, etc., then your net disposable income would be $5,500.
Additional income sources such as an annual bonus or gains on investments are still considered to be a part of total income, meaning child support calculations will factor them in.
2. Custody Arrangements
The second factor taken into account during child support calculations is the custody arrangements in the situation. Generally, in a sole-custody situation, the non-custodial parent is the one who pays for the child support. In a joint-custody situation, though, the amount of time spent with each parent along with the income of each will determine the payment amounts.
During shared custody situations where the child’s time is spent 50% with one parent and 50% with the other, the courts will almost always use finances are the primary determining factor for who will be paying child support costs.
3. Extraordinary Expenses
While primary income is the main determining factor for child support-related payments, extraordinary expenses one or either partner has can also come into play. These costs can be things such as medical bills, existing childcare costs, educational expenses, and other non-necessary expenses. These expenses must typically be documented with receipts and verified for authenticity though. Depending on the size of these expenses and their justification, the court may allocate the disbursement of funds from one parent differently than normal.
Child Support Guidelines and Deviation
The median amount of child support received every month is $1,800 which goes to show the size of child support. This amount can fluctuate drastically on a state-by-state basis, though, as each state has its own rules and guidelines regarding child support. For example, some states don’t take custodial levels into account when factoring in child support payments, though all states look at income levels. These guidelines are reviewed and updated in accordance with the current cost of living, average income levels, and more to ensure accuracy.
There are cases where states will deviate from the standard guidelines that they follow. One common example is when one partner lives in a rent-free or mortgage-free home. Given the lack of living expenses, child support payments are often higher than they otherwise would be. Another example is if one parent has a job which results in their income fluctuating on a seasonal basis, as this can result in child support payments which also fluctuate as a result.
How Child Support is Enforced
Refusing to pay child support can have serious consequences including jail time due to being considered in contempt of court. Before it gets to that point, though, the courts have a variety of ways to enforce child support:
- Wage Garnishment: The parent’s employer withholds a portion of the non-custodial parent’s wages.
- Income Tax Intercept: The IRS intercepts the non-custodial parent’s tax refund for re-distribution.
- Property Liens: The court places a lien on the non-custodial parent’s property.
- Bank Account Levy: The court freezes the non-custodial parent’s bank account until they pay.
- Driver’s License Suspension: The court suspends the non-custodial parent’s driver’s license.
Not making child support payments is simply not an option. In addition to jail time, you may potentially be hit with fines or lasting damage to your credit score. This can further affect your ability to obtain employment, housing, and a variety of other benefits.
Pursuing Child Support Modifications: Special Circumstances
Child support payments can be re-evaluated in the event there is a significant change to one of the parents’ living situations. The most common of these situations include:
- Changes in Income: If either parent’s income significantly increases or decreases, it may be grounds for modifying the child support order, such as due to a job promotion, job loss, or disability that could affect income.
- Changes in Custody Arrangements: If the amount of time a child spends with each parent changes, the child support order may need to be adjusted. For instance, if the child spends more time with the non-custodial parent, the custodial parent may be entitled to a reduced child support payment.
- Relocation: If either parent moves to a different location, the court may need to adjust the child support order to account for factors such as the cost of living in the new location and the impact of the move on visitation arrangements.
- Emancipation: When a child reaches the age of majority or becomes self-supporting, the child support order may be terminated, even potentially early.
Meet your childcare obligations promptly
Childcare is a very important concept that can arise during a divorce and knowing the ins and outs can help you to ensure your child gets all the care they need. Child support laws and regulations can vary from state to state so developing an understanding of your responsibilities wherever you live is critical. If you are ever unsure of your obligations or have questions regarding child support, don’t hesitate to seek out legal advice from professionals who can address your questions or concerns.