Child Support Attorney Overview

Family Lawyers Can Ensure that Children Have Financial Support

Children have the right to receive financial support from both their parents, ensuring that their needs will be met. When parents are separated or divorced, one parent may be legally obligated to pay child support to the other parent that will address their daily needs, including food, clothing, and shelter, and depending on stay laws, they may also be required to contribute to costs related to medical care, education, and child care or daycare.

Each state has its own unique laws that determine when a parent will be required to pay child support and the amount of that support. Parents should work with an experienced family law attorney to ensure that their children receive the support they need.

Determining Child Support

State laws vary in how child support is calculated. In some states, the parent with physical custody of children always receives child support from the other parent, with the amount of child support being based on a percentage of the non-custodial parent’s income. Other states use formulas that take both parents’ incomes into account. In some states, each parent’s amount of parenting time may also affect the amount of child support they pay or receive.

Parents will typically be required to provide support until a child reaches the age of 18 or graduates from high school. In some states, parents may also be required to help pay for their child’s college expenses.

Child Support Enforcement

When a child support order is issued by a family court, parents are required by law to follow its terms. If a parent fails to pay their court-ordered child support, they can face serious consequences, including fines, driver’s license suspension, and even imprisonment. A parent will typically be required to pay any child support they owe, as well as interest for late payments. Courts can collect unpaid child support through a variety of methods, including garnishing wages, withholding tax refunds, or liens on property.

Modifying Child Support

If a parent is unable to pay child support, or if changes in the lives of the parents or children require changes to the amount of child support payments, a parent may petition the court to modify their child support order. For example, a parent may lose their job, they may receive a promotion and an increase in income, or their child custody agreement may be changed so that children spend more time with the non-custodial parent.

In order to modify a child support order, a parent will typically need to demonstrate that they, their spouse, or their children have experienced a substantial change in their circumstances that requires the modification. However, parents should be aware that child support is often based on a parent’s past income and earning ability, so quitting a job or accepting a demotion in an attempt to reduce the amount of one’s child support payments will likely be frowned upon by the court.

To ensure that children and parents’ rights and financial security are protected, it is important to work with an experienced attorney who understands how to correctly calculate child support according to the laws of your state.