Child Support - Providing Financial Stability for the Children

Navigating child support during divorce can be complex, but having a clear understanding of its various elements is crucial for ensuring the financial well-being of your children.

Child Support Overview

Child support is financial assistance provided by one parent to the other for the benefit of their children following divorce or separation. Its primary purpose is to ensure that children receive the financial support they need to meet their basic needs, including food, shelter, clothing, education, healthcare, and other essential expenses. Child support aims to maintain the standard of living the children enjoyed during the marriage and minimize the impact of divorce on their well-being. Child support is intended to help with the inherent expenses you have in your household based on the time you have your children. It helps with your housing expenses, food, gas for transporting the kids, clothes and other necessary expense for the kids. Child support is supposed to help with extra expenses you have based on your time with the children. Child support also typically includes some of the other necessary expenses for children like childcare and medical, dental and vision insurance premiums.  And many state child support calculations include terms for sharing out-of-pocket medical expenses incurred by the children.

Child support calculations vary by jurisdiction but generally consider factors such as each parent's income, the number of children, custody/parenting arrangements, and the children's needs. Many jurisdictions use guidelines or formulas to determine the amount of child support owed, taking into account the income of both parents and allocating a proportionate share of child-rearing expenses to each parent. Other factors, such as childcare costs, healthcare expenses, and extracurricular activities, may also be considered in the calculation. Before reaching any support obligations, including spousal support or payment of any direct expenses for the kids, you should understand the child support calculations or requirements in your jurisdiction.

Key Considerations

Child support calculations typically involve several key factors aimed at determining the financial contribution each parent should make towards the upbringing of their children. These calculations often utilize established guidelines or formulas set forth by state laws to ensure consistency and fairness. Many states have calculators or specific rules to determine the child support amount. Generally, the primary factors considered include the income of both parents, the number of children requiring support, and the parenting schedule arrangement. The income of each parent is a fundamental component, with the paying parent typically contributing a percentage of their income towards child support. Overall, the goal is to ensure that children receive adequate financial support to meet their needs and maintain a standard of living similar to that enjoyed during the marriage, while also considering the financial circumstances of both parents.

Balance of Income and Parenting Time. One way of thinking about child support is a balancing of income and time.  For example, if both parents make the same income and have equal parenting time, there might be no need for support.  Both parties have the same income available to them to cover half the kids’ expenses.  If there is a difference in income or parenting time, then there is often a child support requirement to help balance these factors.  The more time you have with the children, the more of their expenses you will incur based on that time.

Other Expenses for the Children. Then the differences in income are commonly also considered in the sharing of other expenses for the children – like medical, dental and insurance premiums, childcare, and out-of-pocket expenses.  Because these expenses aren’t impacted by parenting time, they are often shared based on percentages of income.  It often makes sense, if parents make the same income, they share expenses equally.  If one parent makes $60,000 and the other $40,000, then they share these expenses 60%-40%.  

Mandatory v. Discretionary Expenses. When agreements are reached on how to share children’s expenses, it is important to understand the difference between discretionary and mandatory children’s expenses.  Out-of-pocket medical, dental and vision expenses for the children and childcare for children when parents work are typically mandatory expenses that are shared pursuant to the child support rules.  Sometimes these expenses are built into the monthly child support amounts. Other expenses, like extra-curriculars or private school tuition may be considered discretionary and be shared differently.  For example, even if the parties have unequal incomes, they may agree to equally share private school tuition if it is important to them both. Discretionary kids’ expenses are often dealt with differently based upon the financial circumstances of the parties or the parent’s interest in the particular expense.

Child Support Agreements. Once a child support order is established by the court or in an agreed upon stipulation between you, it becomes legally binding, and both parents are required to comply with its terms. If the paying parent fails to make child support payments as ordered, enforcement mechanisms may be employed to ensure compliance. These mechanisms can include wage garnishment, interception of tax refunds, suspension of driver's licenses or professional licenses, and even contempt of court proceedings, which could result in fines or imprisonment for the non-compliant parent.

Modifiability. Child support orders are not set in stone and can be modified under certain circumstances.   States have an ongoing obligation to ensure children are taken care of financially.  So if there is a significant change in either parent's financial situation, such as job loss, increase in income, or change in parenting schedule or custody arrangements, a modification of child support may be warranted. It's essential to follow the proper legal procedures to request a modification through the family court, as informal agreements or adjustments made outside of the court's jurisdiction may not be enforceable. Some states have requirements to exchange income information in set increments (like annually or every other year) and obligations to notify each other of changes in income so child support can be recalculated.

Termination. Child support typically ends upon a child’s emancipation.  This may be when the child turns 18 or graduates from high school.  Every jurisdiction has different rules on the duration of child support so you should understand those rules so you can plan accordingly. If you have more than one child, the support is often recalculated when a child emancipates to then only include the remaining minor child(ren) in the calculation. Child support does not typically extend into college years.

Finally, note that you do not have to implement child support. While it is typically required that you understand how child support works in your jurisdiction and understand the calculations, you can choose to reserve child support and not pay it.  There may be reasons why you don’t need the support or the financial needs for the children may be met in other ways. You cannot permanently waive child support because the courts have an ongoing interest in making sure the kids’ financial needs are met. If circumstances change, support may be needed so the option for child support cannot be waived forever. But there are times when child support is not paid by agreement.

By comprehensively understanding child support and its various elements, you can navigate the divorce process more effectively prioritize the well-being of your children.