Child Support
Each state has its own detailed guidelines regarding child support calculation. The best source of information about the child support guidelines in your state will be a local divorce attorney.
How Child Support Is Calculated
Typically, the court will require both parents of a minor child to contribute to that child's support (without regard to marital misconduct) until the child reaches adulthood. The age at which the obligation to support a child varies from state to state, and some states build in an obligation for support or tuition payments during college as well. Typically, the parent who has physical custody of the child provides support directly, while the non-custodial parent makes payments to the custodial parent.
Many states establish strict child support guidelines based on the percentage of net income and the number of children, or a formula incorporating the income of both parents. In some states, courts are allowed to deviate from these guidelines if it is in the best interest of the child. Courts consider these factors:
- The needs of the child and their financial resources
- The needs of the custodial parents and their financial resources
- The type of life the child would have enjoyed had the couple not divorced
- The child's physical and emotional condition
- The child's educational needs
- The needs of the non-custodial parent and their financial resources
To receive an estimate of how much child support you may be able to obtain or need to pay, use our Child Support Calculator.
Penalties For Refusal To Pay Child Support
If you have been ordered to pay child support and do not comply with the obligations, penalties can be very brutal:
- Suspension of your drivers license
- Publication of your name in "deadbeat" mom or dad list
- Automatic subtraction of your child support money from your paycheck, tax refund or even from public assistance check.
- Revocation of any professional licenses you may have (medical, law, etc.)
In most states, there are also two ways that you can be sentenced to jail for failure to pay child support: through a contempt citation for failure to comply with the court order, and through prosecution for criminal non-support. If you are supposed to be receiving child support payments from your former spouse and are not, there may be a variety of enforcement options available to you, and you'll want to discuss them with a divorce lawyer.
Modification of Child Support Orders
If you have a valid reason that you are temporarily unable to make your child support payments, you should not simply refuse to pay. Rather, ask the court for a modification of your amount of child support. It may not be easy to accomplish, however if you have the appropriate grounds (below) you may be able to do so:
- A significant drop in your income
- A serious sickness or disability
- A change in the child's condition (inheritance or age)
- A change in the condition of your former spouse (diminished living expenses or higher income)
