Child Support

Child support is a payment by one parent (often the "non-custodial parent") to the other parent for the support of their common child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.

WHAT IS A CHILD SUPPORT ORDER?

A Child Support Order is a document from a court that states (a) when, (b) how often, and (c) how much a parent is to pay for child support. A Child Support Order is typically part of a divorce decree or paternity judgment.

WHO CAN BE ORDERED TO PAY IT?

A court can order either parent of a child to pay support to the other parent. The court order for support is usually payable on a monthly basis. May states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.

HOW IS THE AMOUNT OF CHILD SUPPORT DETERMINED?

Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.

WHAT INCOME ITEMS DO TYPICAL FORMULAS COVER?

The formula is based on the respective net incomes of the parents. Federal and state income taxes, Social Security and Medicare tax, health insurance, union dues and other mandatory expenses are subtracted from a parent's gross income (that is, income from all sources including, but not limited to, wages and investment) to arrive at his/her net income.

HOW DO YOU SHOW INCOME?

The court can require documentary evidence, such as pay statements, profit/loss statements of sole proprietorships, and tax returns, to be produced and certified as true under penalty of perjury. The intent is that all income received by a parent will be considered when his/her net income is being calculated.

If you suspect that a party is hiding income -- such as by not reporting "cash" or "off the books" income -- it may be difficult to prove, but an experienced lawyer usually is able to help you figure out how to do so.

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