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Child support is the obligation to make payments for the financial care and support of your child during and after a separation or divorce, or when parents aren't raising a child together. Generally, the non-custodial parent pays the custodial parent. A father may be required to pay the mother or the mother may be required to pay the father.
What Does Child Support Cover?
Child support covers a child's needs and everyday expenses. Courts may order one parent to pay a specific amount to the other parent to cover part of a child's expenses, such as:
- Food
- Clothing
- Housing
- Education
- Health insurance
- Medical care
- Activities
- Child care
- Special needs
Calculating Child Support
States use different guidelines to calculate how much a parent should pay for child support. You may want to look at one of the many child support calculators available online.
Items that may be important to your state's child support calculation include:
- Parents' incomes
- Parents' assets (property, investments and so forth)
- Child's medical expenses
- Daycare costs
- Time child spends with the non-custodial parent
- Children's ages
- Child support or alimony from a prior marriage
- Insurance costs
Making Child Support Payments
In most states, child support must be paid on a set day each month. You may be able to set this schedule according to when you are paid. Most states have child support "registries" you can pay into each month. The money is then forwarded on to the custodial parent.
Paying into a child support registry is a good option, because then you have a government record of what you paid.
If you pay the money directly to your child's other parent, make sure to pay by check or money order, so that you can prove you've paid. Never pay in cash, no matter how insistent the custodial parent is.
Child Support Enforcement
All states run a child support enforcement program. Child support can be taken out of a parent's paycheck. Any overdue child support can be collected from:
- Federal and state income tax refunds
- Liens placed on property
- Selling property
Modifying Child Support Orders
In some states, child support is recalculated on a regular basis. In these states, courts require parents to exchange tax return information to see if child support should be increased.
In all states, either parent may file a court motion to recalculate child support. State law may vary on when you can seek a change. You may have to wait a minimum time after the date of the last child support order, or be able to show a change in circumstances.
If you pay support, you may want to ask the court to recalculate it when:
- Your income goes down substantially or you lose your job
- The other parent's income increases
- Living expenses change in either household
If you're the parent receiving child support, you may want ask for recalculation when:
- The paying parent's income goes up or you find out not all income was disclosed
- It has been years since the last recalculation and your child's expenses have increased
When Do Child Support Payments Stop?
Child support payments usually stop when a child reaches the age of majority, which varies by state. Typically, it's age 18, or 19 if a child hasn't finished high school. A court can also order child support for a longer period of time, such as until the child graduates from college, or if he or she has special needs.
It's important to remember that child support is about your child, and not his or her other parent. Focus on your child's needs when managing child support issues, aim to keep conflicts to a minimum, and work with your lawyer for the best result in your case.
Questions for Your Attorney
- If I lose my job, may I stop making child support payments?
- Are child support payments required if custody is shared?
- How often can child support payments be modified?
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