Common Questions Couples Have About Child Support During Divorce

Find answers to common questions couples have about child support during divorce, including calculations and responsibilities.

Common Questions Couples Have About Child Support During Divorce

When two partners are separating or divorcing, there are often questions regarding child support. Common questions include how child support is calculated, who is responsible for paying it, how long a parent must pay, and what expenses it covers. 

If you are looking for general information about child support, you can find guidance in a child support FAQ and resource guide. The FAQ will offer answers to common questions, such as how a parent’s child support obligation is calculated, how to modify an existing child support obligation, how to enforce a child support obligation, and how additional expenses are handled by the court. 

How Is Child Support Calculated?

Most calculating methods for child support are based on state regulations. These laws have been created to help provide fairness and meet the child’s needs. When the courts are attempting to determine what amount of child support to award, they will consider the following:

• Each parent’s gross income
• The number of children who require child support
• The type of custody arrangement and level of parenting time each parent has

Other costs that may be associated with a child resulting from health care, child care, or special needs.

Are Child Support Payments Modifiable?

Child support is temporary; it can be modified based on changed circumstances.

For example, you may be eligible to modify child support payments if:

• Parents’ earnings change (unemployment/raise)
• Additional expenses relating to the child’s care (medical/educational)
• Change to custody/parenting time

To request a modification to your child support payments, you must file a written motion (request) with the court and provide documentation supporting your request. The judge will review the supporting evidence presented and may adjust child support payments accordingly.

 

What Are the Results if the Parent Doesn’t Provide Financial Support?

The negative consequences for the parent that fails to fulfill their financial responsibility towards their child can include the following:

• Wage garnishments or withholding tax refunds 
• Suspension of the parent’s driver’s license/professional license/passport 
• Court-imposed fines/in some extreme cases imprisonment 

All of the above are aimed at ensuring children have access to the financial support that the courts mandated the parents to provide. 

Are Parents Both Liable for Additional Expenses?

Typically child support can be used for just basic living costs; however, there may also be shared parent liabilities for additional expenses, such as

• Medical insurance/medical expenses
• Tuition fees/school supplies
• Extracurricular activities (sports, lessons, etc.)

It is essential that all of the parental obligations regarding these kinds of expenditures are detailed in the divorce agreement so as to eliminate confusion and ensure that the child’s needs are being met.

How Long Is Child Support Paid?

Typically, child support payments terminate when the child is of legal age (18 years old); however, in some instances, payments can extend if the child:

• Is still going to high school
• Has a disability that will require continued support
• Is attending college/university

Conclusion

• To sum up, child support provides parents with peace of mind knowing that they can offer financial assistance to their children after a divorce or separation.
• Child support payments are based on several factors, such as the parents’ respective incomes, physical custody arrangements, and the needs of the child.
• If there are changes to any of those factors after the payment amount was established, then the payment amount can be modified through modification proceedings.
• If a parent fails to pay child support, they may be subject to various legal remedies, including wage garnishments, fines, imprisonment, etc.
• Both parents can share responsibility for paying health care costs, education expenses, and extracurricular activity expenses for their children.
• Having a clear child support agreement and understanding each parent’s child support obligation will minimize conflict between parents and protect the child.