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Determining Child Support
If a divorcing couple has minor children, determining child support is required by law. Regardless of whether or not the other parent is employed or can be located, child support must be included in the petition for divorce.
Most state laws follow standard guidelines to determine the required amount of child support payments. The guidelines factor in wages of both parents and the amount of time each parent spends with the children. Additionally, the amount of child support payments can be increased by including the following:
- Cost of providing child care
- Medical costs and health insurance
- Providing for a special needs child
- Travel expenses for parental visitations
Parents do have control over the required amounts and whether or not they want to strictly follow the pre-determined state guidelines. They can raise or lower the child support payments as long as the following conditions are met:
- Both parents acknowledge that they know their rights outlined in state law and that they are choosing to break from the state guidelines for support payments, and are not being forced or coerced.
- Both parents legally declare that the child support amount agreed upon is in the children's best interest and will meet the needs of the children.
- In the case of welfare recipients, the right to support has not been transferred to the county and no public assistance application is pending on the case of either parent.
An order for child support can be adjusted at any time based on a change in financial situation of an individual parent. Either the parents can come to an agreement on their own and put it in writing, or the court can mandate a change. It's a good idea to use the help of an attorney if you would like to make any changes to your child support orders.
Within the order for child support, there must be a provision for the assignment of wages, filed with the spouse's employer. This can be avoided if it is agreed upon in writing that no assignment will be filed. The spouse must also be up to date with his or her payments and not be in arrears.
Even though there is usually a waiting period between when the court decides to dissolve the marriage and when both parties are legally divorced, there is no such period for child support. The first payment's due date is typically fixed for when the judgment of divorce will be signed by a judge. If this judgment is postponed for any reason, spouses can file an application to expedite the payment of child support. If you need to file this application, you should enlist the help of a lawyer.
If one parent does not pay child support or is significantly late in payments, this parent can be sued for contempt of court, have wages and tax refunds garnished, and get their driver's license suspended. Non-payment of support is a situation which should be taken care of by a lawyer.
For more information about divorce, visit our partner LegalZoom. Here, you'll find a free, online legal library providing all the information and resources you need when considering divorce. The Law Library Topics provide general divorce information, and FAQs answer some of the most common questions people ask. These features, combined with the Glossary and Useful Resources, allow you to make sure your divorce decisions are informed ones.
LegalZoom is not a lawfirm and can only provide self-help services at your specific direction. Information contained above is subject to change and is not applicable to every state. Visit LegalZoom.com for specific state-by state-documents.
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