Child Support Facts
Child support settlement negotiations vary depending on the area you live. Ideally, the process will end in a successful situation to support your children and will be a fair agreement between you and the other parent of your child.
This is one of the most complicated parts of a divorce or legal separation and it is important that you understand what you are getting into. There is a lot of work involved.
What is Child Support?
Financial support for a child is a court-ordered payment granted to a parent who has custody of a child under the age of 18 (a minor) after a divorce or legal separation.
Most Common Factors for Determining Child Support:
Gross income of both parents
Spending costs of child-care
Medical and health care expenses
Number and age of children
General lifestyle costs available if the family were still intact
Who Receives Child Support?
Support is paid to the parent who has custody of a minor child after a divorce or legal separation. Payment generally does not go directly to the minor child.
Who Pays Child support?
The court will grant custodial rights to one or both parents. One parent might be required to pay support to maintain the quality of life for any children under the age of 18. Courts aim to determine a plan that is reasonable and fair for both parties.
How is Child Support Calculated?
Each state has its own laws and formulas for calculating support of a minor. Most states have a general calculation form available on the internet. The amount is usually based on the income of both parents, expenses of the custodial parent, number of children, and any special needs. It may also include medical insurance, education costs, and other expenses.
Child Support and Taxes
Support payments are not tax deductible for the parent who is responsible for payment and is not considered taxable income for the receiving parent. In other words, the receiving parent cannot claim child support as income on a tax return, and the paying parent cannot write off support payment as an expense on a tax return.
Bankruptcy and Child Support
Filing for bankruptcy does not absolve a parent of financial support obligations.
Failure to Pay Child Support
Each state has laws regarding non-payment of child support. It is important that you consult with your lawyer to make sure you stay within the guidelines of court ordered support. Most punishments are handed down for habitual missed payments and repeat violations. In some circumstances, a parent who crosses over a state line in order to avoid paying support may face a federal charge.
Risks for Not Paying Child Support:
Contempt-of-court charges
Fines
Wage withholding
Jail sentence
Modification of Child Support Orders
Divorced or legally separated parents set up separate households and may find their finances running thin. Often, child support funding seems inadequate to the custodial parent and is a burden to the paying parent. It may be possible to request a modification of the financial order.
Existing child support may be modified if the minors needs or the paying parents resources change. Back (or retroactive) support can be ordered if a modification or other situation delays payment.
Termination of Child Support
Child support generally ends when the child reaches the age of 18, which is legally considered an adult. Support can also cease if a minor marries before the age of 18. However, in some agreements child support may continue through high school and even college graduation.
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