Child Support Professional Advice FAQ

Child support payments are part of a long-term financial arrangement between parents not living in the same household. Usually the amount and frequency of these payments are determined as part of a divorce settlement or paternity hearing. Payments are made by the non-custodial parent to the custodial parent to assist in providing for the many expenses involved in raising a child.

Child support payments are a legal responsibility. If the paying parent does not make child support payments as set forth by the courts, he or she may have their wages garnished, liens placed on property, be found in contempt of court, have a driver’s license revoked, or even get arrested. Even if the paying parent has had access to their children limited or denied by the court, he or she still must make their court determined payments.

Here are the answers to some common questions about Child Support:

1. We were never married. Do I still have to pay child support?
Yes. Marriage is not a requirement for child support determination. The only requirement is being the mother or father of a child.

2. What if my financial circumstances change? Can I amend the child support agreement?
Usually, yes. It depends on the circumstances of your child support agreement and why your financial situation has changed. To amend a child support agreement, you must petition the court to review your current arrangement. In many states, child support agreements are routinely reviewed every three years.

3. Do we have to go to court, or can we just make an agreement ourselves?
No, you do not have to go to court, but it is advisable to consult a professional attorney. To protect your child, and your financial security, it is best for everyone involved to have a legal agreement defining everyone’s roles and responsibilities with respect to the care of your child.

4. When do child support payments stop?
Typically, child support ends when the child turns 18. Some colleges and universities, however, consider the income of both parents when calculating financial aid and tuition support. So realistically, you should be sure to include both parent’s responsibilities for contributing to college tuition when you first create your child support agreement.

5. How will my child support payments be calculated?
The court will use a computer program that considers the incomes of both parents, assets of both parents, medical expenses of the child, current and projected child care expenses, cost of current activities of the child, the amount of time the child spends with the non-custodial parent, how many children there are in each household, the age of the child or children, and other relevant factors.

6. On what can I spend the child support money I receive?
Child support money can be used to pay for housing, utilities, food, clothing, medical costs not covered by insurance, activities such as sports teams and music lessons, child care costs, special expenses of a disabled or chronically ill child, educational expenses such as tutoring and college tuition, and some other expenses at the discretion of the courts.

7. How do I know that the money I pay my ex will actually go to my child?
In many cases, you cannot really be sure. In some states, courts require an accounting of how child support is spent by the custodial parent. Keep in mind, that it is legal for the child support you pay to benefit your child indirectly, such as when it is used to pay for heating the home in which you child lives. Other people in the home benefit too, but so does your child, substantiating the use of child support for this use.

8. How is child support different from alimony?
Child support is money paid from one parent to another to help pay the expenses involved in raising a child. Alimony is money paid from one spouse to another to assist in living expenses. Child support is calculated by the court using a set of approved calculations and is a legal obligation. Alimony is also determined by the court, but there are no set calculations. Alimony is also not a legal obligation – collecting back alimony requires taking the non-paying spouse to small claims court whereas a parent not paying child support can get in serious legal trouble. Child support cannot be deducted from the paying parent’s taxes and is not claimed as income by the receiving parent. Alimony is deducted from the paying spouse’s taxes and must be claimed as income by the receiving spouse.

If you have questions about paying, receiving, or establishing child support, please contact a qualified Family Law or Divorce Attorney today.