Child Support Overview
Child support can be a very controversial subject that can have a big impact on your divorce case. As divorce laws have evolved, it has become possible that either or both parents will have to pay child support in some form, which can include providing health insurance.
Since the divorce laws pertaining to child support are different in each state, it is a good idea to consult a divorce lawyer in your area about your state’s laws on child support. Total Divorce has developed our Web site to help you find a local attorney and learn more about child support issues, including:
- Child Support Guidelines: Find links to your state’s child support calculator, statues, guidelines and worksheets.
- Child Support Enforcement: Get useful information about child support enforcement in your state by checking out your state’s child support enforcement Web site.
- Child Support Calculator: Use this calculator as a guideline to input your information about the number of children, income and insurance to get an idea of how much you could owe.
- Child Support Resources: Explore additional child support resources Total Divorce has to offer on our Web site.
- Paternity Fraud: Figure out what paternity fraud is, who is affected by it and how to prevent it or fight it.
- State Child Support: Read about child support laws and enforcement in each state.
At Total Divorce, we can connect you with a local divorce lawyer who can examine the complex issue of child support with you in more detail. Simply fill out our divorce case review form or call 1 (877) 349-1310, and we’ll do the rest in placing you with a local divorce lawyer from our nationwide network of sponsoring divorce lawyers.
Once you take this action, be sure to read on below about other key child support issues, including how child support is calculated, penalties for missing child support payments, and when child support orders may be modified.
How Child Support Is Calculated
Child support is typically independent of other issues in a divorce case. While (to differing degrees in different states) issues of misconduct, dissipation of assets, and other lifestyle details may impact custody determinations, division of debts and assets, and even alimony, child support is generally fixed by a formula established by state law or court rules and flexible only to a very limited degree.
The child support guidelines have been established by each state in an effort to create a uniform system that accounts for the needs of the child, the ability of the non-custodial parent to support him or herself, the standard of living the child would have enjoyed had the parents not divorced, provision for additional children of the parties, and other factors.
In some states, the standard child support calculation is based only on the income of the paying spouse. For instance, the Indiana Child Support Guidelines factor in the income of both parents and assign each a proportionate share of living expenses as set forth by the guidelines, while the Massachusetts Child Support Guidelines consider only the income of the non-custodial parent in setting the base amount of child support. Different states also use different methods to address things like extraordinary living expenses, college tuition and expenses, and the necessity of supporting other children not of the marriage.
Penalties For The Refusal To Pay Child Support
In most states, child support orders are subject to automatic garnishment, so that as long as the non-custodial parent remains in the same job, non-payment does not become an issue. However, there are a number of reasons that a garnishment order might not be in effect. For instance, a couple may have divorced before garnishment orders were automatically entered and never have had an order entered, or may have divorced in a jurisdiction that makes garnishment discretionary. The paying spouse may have changed jobs or become unemployed. In those cases, the custodial parent typically has private recourse or can opt to ask a governmental agency to pursue delinquent child support on her behalf.
Failure to pay child support can result in jail time. A non-paying parent can be sentenced to jail for contempt of court, because failure to pay child support is in violation of the divorce decree or temporary support order. In many states, a seriously delinquent parent may also be charged with criminal non-support of a dependent.
Governmental agencies charged with child support enforcement have a variety of other enforcement tools at their disposal, including:
- The suspension of the non-paying parent's driver's license
- The revocation of any professional licenses the non-paying parent may hold, such as a medical license or license to practice law
- Seizure of income tax refunds
Modification Of Child Support Orders
If there are legitimate reasons behind your inability to pay child support, you shouldn't simply refuse to pay. Instead, you can petition the court for a modification of your obligations. Likewise, a custodial parent can petition the court to modify the child support order if circumstances warrant an increase in payments. Grounds for modification of child support are generally set forth in the statute governing divorce and child support orders, and may include:
- A significant reduction in your income.
- A serious illness or disability.
- A change in your child's circumstances (such as an inheritance or the attainment of the age of majority).
- A change in the financial circumstances of your ex-spouse
Many states also set statutory limits on how often child support orders can be modified.
If you have questions about the specific child support laws in your state, please review the state law section of our website. If you would like to speak to an experienced divorce attorney about your specific situation, we make it easy for you to do so. Simply fill out our divorce case review form or call 1 (877) 349-1310, and you will be connected with a participating divorce attorney in your area who will schedule an initial consultation with you.