Legal Terminology A-E. Legal Terminology F-Z. Child support can be court-ordered or administratively ordered, though parents can also establish agreements for the payment of child support between themselves.
Court-ordered child support payment amounts are determined by the income guidelines used by the state where the case is filed. Child support payments are neither tax deductible for the person who makes them nor included as taxable income for the person who receives them.
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Related Articles. Who Gets the Deductions and Credits? Partner Links. Related Terms Palimony Palimony refers to court-awarded financial support following the end of a nonmarital relationship. Learn what palimony is and how it works. Alimony Definition Alimony payments are legally mandated monetary transfers from one ex-spouse to another in order to provide financial support. Child and dependent care credit is a nonrefundable tax credit for unreimbursed childcare expenses paid by working taxpayers.
Dependent A dependent is a person who entitles a taxpayer to claim dependent-related tax benefits that reduce the amount of tax that the taxpayer owes. Power of Attorney POA Definition Power of attorney POA is legal authorization for a designated person to make decisions about another person's property, finances, or medical care.
Recurring Debt Definition Recurring debt is any payment used to service debt obligations that occur on a continuing basis, including alimony or child support, and loan payments. The other parent then makes a child support payment to fulfill their non-custodial parent financial responsibilities.
In most cases of joint custody , the amount of child support each parent is required to pay is normally calculated by the court. It takes into account the percentage that each parent contributes to the couple's joint income as well as the percentage of time each parent has physical custody of the children.
The obligation to support a child is not conditioned by marriage. If you are a parent, you have a responsibility to financially support any child that you parent. Your parental responsibilities are legally determined in one of two ways:.
State laws vary on the definition of a parent. If there is any doubt about your parentage, you will want to consult with a family law attorney in your state.
In some cases such as when the child's mother receives public assistance , any child support paid by the father will go directly toward the state where it is then split with the federal government. The government may also seek back payments from the father to reimburse them for any assistance payments that were paid to the mother prior to intercepting the child support.
Stepfathers are not usually financially liable for child support. The exception is when a stepfather legally adopts a child thus terminating the parental rights of the child's biological father , in which case he becomes liable for financially supporting the child. Each state in the United States is required by federal law to establish guidelines that are used to calculate child support due from parents.
These amounts are largely based on their income and expenses. Individual states have a fair amount of discretion in setting these guidelines, which means that child support payments required can vary widely between states even under the same circumstances. The court will consider several factors, such as a child's standard of living prior to divorce, a child's specific needs, the resources of the custodial parent, and the non-custodial parent's ability to pay.
In most states, judges are allowed wide discretion in setting these payments. It is important for a non-custodial father to provide information to the court up-front to make the payments are fair as possible. While it depends on the judge and the circumstances, a child support payment is usually not reduced if a father quits a full-time job and returns to school.
If a father becomes unemployed and then takes a lower-paying job, a reconsideration of the amount of child support due might be appropriate. Only the court can change a mandated child support payment. A parent's request for modification must be submitted to a judge. If both parents agree on a change, it is usually a simple process.
If parents do not agree, the request will be submitted by a family law attorney for a hearing. The parent who wants to make a change over the other's objection has the burden to show what has changed and why a different amount higher or lower should be required. Examples of temporary changes could be due to a medical emergency, a change in employment status, or a short-term economic hardship on the part of the receiving parent.
A common complaint of non-custodial fathers is that their ex refuses to honor custody or visitation orders. In this situation, there is a temptation to withhold child support, but this is not allowed. Every state has a formula for calculating child support, and judges use those formulas to determine how much child support will be paid in each case. The formulas themselves can be quite complicated, but it's pretty easy to estimate what your child support might be by using free online calculators.
Check for your own state's calculator by entering your state's name and "child support calculator" into a search engine, or use the simplified calculators at Alllaw. The biggest factor in calculating child support is how much the parents earn. Some states consider both parents' income, but others consider only the income of the noncustodial parent.
In most states, the percentage of time that each parent spends with the children is another important factor. Most courts believe that child support is more important than alimony and calculate child support first, and then evaluate what's left in setting alimony.
And states define "income" differently—some use gross income, some use net, and some include gifts, bonuses, and overtime while others do not. If a parent has significant investment income, it may be counted as income for purposes of calculating child support. If you think that the guidelines shouldn't apply for some reason but your spouse doesn't agree with you, you'll have to tell it to the judge. Judges are allowed to deviate from the guidelines if there are good reasons.
For example, if you're the paying parent, you might argue that because you are paying for your kids' private school and all of their uninsured medical expenses, the support payment should be less than the guideline amount. But even if you're providing some extras, the base amount of support has to be enough for the necessities. Why is it important to pay child support in the first place?
Child support can make a significant difference in your child's life as you transition into co-parenting. Here are just a few key reasons why child support payments matter. Raising a child is expensive, whether parents are still together or are living apart. Child support payments provide an avenue to ensure that children are supported financially, no matter the outcome of their parents' divorce. Each state has its own guidelines for calculating child support , and the court will likely have the final say regarding how parents will manage child support moving forward.
That said, courts are generally willing to approve arrangements that parents make between themselves. When courts consider a child support arrangement for a family, they will consider factors like each parent's income and how parenting time will be shared.
If parents come up with their own agreement, the court will review their agreement to see how it stands up against these same factors. In the end, what matters most to courts in every state is that the arrangements set for child support will uphold the well-being of the children involved and provide them a similar quality of life that they were used to before the divorce.
For those reasons, each time a parent pays child support, they are making an effort to maintain a sense of normalcy for their children. That said, financial support can only do so much to maintain a sense of "normal" for a child.
It's up to the parents to spend those funds responsibly and ensure that the money is allocated to their various needs first and foremost. More than just maintaining a sense of normal, these payments support a child's desire to explore the world around them and try new things.
Taking up an instrument, learning how to build computers, or cultivating an interest in cooking all cost money but are all examples of such valuable hobbies for a growing mind to explore. Child support payments help to support your child's desire to grow and expand their knowledge which could lead to life-long interests and even future careers.
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