Photo of Attorney Russell William Ray

Call For A Free Case Evaluation: 703-552-4028

Small Firm With Big Benefits

Call For A Free Case Evaluation: 703-552-4028

Positive Results Start With An Experienced Firm

Photo of Attorney Russell William Ray
  1. Home
  2.  » 
  3. Divorce
  4.  » How is Child Support Determined?

How is Child Support Determined?

On Behalf of | Dec 7, 2018 | Divorce |


Filling for child support is a crucial process, and it’s important that you work with the best child support lawyer. In this article, we look at how the child support you receive is determined and what you should do to ensure that you get the best for your children. It’s imperative that you work with the best family lawyers for the best outcome. Each state has a guideline on how child support should be determined, and it’s important to work with the best divorce lawyer and understand what you need to do.

What is Child Support?

Child support is the financial obligation you give to support your children. If you don’t live with your children, you provide the financial support to the custodial parent, and it’s paid until your children become grownups. If you have a special child, you will need to pay child support past childhood. Child support may be terminated if the two parents agree there is no need for child support.

How is Child Support Determined?

  • Income

The judge will take into consideration the income of both parents and determine what the parent should contribute. Work with a divorce lawyer and provide all the information required to ensure a fair child support determination. The more a parent earns, the more the parent is required to pay child support.

  • Deduction on the Parents’ income

The judge will consider whether the parent is already paying support or alimony from a previous divorce. The deduction on the parent’s income must have been sanctioned by the court for them to count as deductions

  • Child Expenses

The judge will consider the amount the child requires and make the deductions. If you are the custodial parent, make sure that you have detailed all the expenses to ensure that you get a fair share. The judge will consider the cost of living in the city you live, and if you live in a high-cost area, the non-custodial parent will be required to pay more. Provide the family lawyer with much details as possible to make the hearing successful and easier.

  • Health Expenses

The child support order will determine who pays for healthcare. The judge will increase support to cater to healthcare. In case your child has special needs, additional support may be required and it’s important to consider all the healthcare expenses needed.

  • Shared Custody and Visitation

The amount of time the children spend with each parent also determines child support. The more time they spend with the custodial parent, the more the non-custodial parent is required to pay. In the case of sole custody, the non-custodial parent will be required to pay more. In shared custody, the judge will consider other factors to determine the support

Additional Factors that Determine Child Support Allocation

  • Quality of Life, the children, were living before the split

The court will look at the quality of life before the parents divorced. The judge will ensure that the child’s standard of living is maintained.

  • Income and financial resources available for the custodial parent

The judge will also consider the resources available for the custodial parent. If the custodial parent has enough resources, the non-custodial parent may not have to pay a lot of money

Can you Change the child support Payments?

It will take legal action to change the child support payment. Several reasons may necessitate a modification of the child support payment. If you are the custodial parent and you require the change speak to the child support lawyer on the change. Below are some reasons that may require child support modification

  • If the amount of time the child spends with a parent increase
  • Job lose, and unemployment may cause reduced child support
  • In case of an emergency or short-term financial issue
How long does the child support order last?

You are required to pay child support until;

  • The children are no longer minors, and they don’t have special needs
  • The right to pay child support is terminated through a legal process such as adoption
  • If the children are declared self-supporting by the court if they can support themselves before they are of age
  • If the child joins a military
What Happens if Child Support is not paid?

The court will set the time for payment of child support and the schedule, failure to follow results in the below

  • Suspension of business license
  • Property being seized
  • Arrest and jail time
  • Interception of funds such as tax refunds
  • The state will send recovering agents to follow up on the child support

If you are unable to pay child support, make sure you inform your lawyer as soon as possible.

As a non-custodial parent paying the support, don’t fail to pay the child support in case of arising child support disagreements. If you have any disagreements talk to the divorce lawyer and ensure they are sorted. Failing to pay the support due to disagreement will lead to you to trouble.

Both parents have a financial duty towards their children and if you need child support work with the family lawyer to ensure that your children get the support they require. Keep a record of all the payments made and ensure the agreement is enforced.