The Basics of Child Support
Both parents have a duty to support their children, whether they remain together, breakup, or divorce. But in the past, determining each parent’s obligation for child support could be problematic. In fact, it wasn’t that long ago when the amount of child support a parent paid depended on what judge was hearing the case. As a result, support awards were all over the map. States ultimately realized that this was fundamentally unfair, and developed child support guidelines for judges to follow. Note, however, that the guidelines can vary from state to state.
The vast majority of states look at both parents’ income and the amount of time each child spends with each parent in reaching a support figure.
As important as income is in determining child support, other factors also come into play. These elements of support relate to the day-to-day realities that impact a child’s life. We’ll look at some of the more prominent ones, below.
A Child’s Medical Needs as an Element of Child Support
There are certain health care issues that have to be considered when determining child support. The two most common are: health insurance and medical expenses not covered by insurance. How the child support guidelines address these expenditures depends on the law in each state.
Courts will typically order one or both parents to provide health coverage for their children. There can be exceptions to this requirement, such as where the coverage might not be available at a reasonable cost, or providing it would impose an “undue hardship” on the parent. It’s up to the court to determine whether those exceptions exist in a particular case.
As for uninsured medical expenses, some states will include an amount in the child support figure to cover these costs if they are “predictable and recurring” (meaning they exist at the time the court issues the support order, and are likely to continue into the future). Other states choose to have the parents share these expenses as they accrue, usually with the parents splitting the cost based on their pro rata share of their combined income.
The Childcare Cost Factor
The cost of childcare can be added to the expenses the court considers when assessing child support. The guidelines normally permit this when the care is work-related, meaning it’s necessary in order for a parent to maintain employment.
Parenting Time and Child Support
Parenting time is an important element in the child support calculation. When non-custodial parents have overnight parenting time with their children, they are spending money on the children’s behalf. This also reduces to some extent the amount of money the custodial parent is spending during the time the children are away. So in order to balance the scales, child support guidelines incorporate the parenting time factor into the formula used to calculate the final child support amount.
Can a Court Deviate From the Child Support Guidelines?
Yes, depending on the particular state’s laws. In states that permit a judge to deviate from the guidelines, the judge will almost always need a good reason, because many—if not all—state child support laws establish a presumption that, barring extenuating circumstances, the support figure reached by applying the guidelines is correct. When judges do deviate from the guidelines, they’re usually required to explain the reasons for their decision.
There could be any number of reasons why a judge believes adhering to the guidelines wouldn’t be fair. Significant expenses involving a child’s special needs might be an example. The bottom line is that the court’s actions must be guided by what is in the child’s best interest.
Although each state may provide its own factors for a judge to consider when deciding whether to deviate from the guidelines, certain items are fairly standard. Some of them are:
- the child's needs
- each parent’s standard of living and economic circumstances
- each parent’s earning capacity, including educational background, employment skills, and work experience
- the child’s and parents’ age and health
- the parents’ income and assets
- the child’s income, assets, and earning ability, and
- each parent’s responsibility for the court-ordered support of others (like children from a different relationship).
Can a Court Change a Child Support Order?
A judge will consider changing a child support order if either of the parents files a motion (written request) with the court. However, the parent will have to prove to the judge that there’s been a substantial change of circumstances since the date of the current order. Situations such as a loss of employment, or a parent suffering a long-term disability, are examples of changes of status that might warrant a modification of the existing order.
Something else to note is that some support orders may include a cost of living adjustment (COLA). This would increase the support amount annually, if the cost of living has gone up. These adjustments are tied into certain economic indicators, such as the Consumer Price Index. A COLA would obviate the need for a parent to petition the court for a support increase based solely on an uptick in the cost of living.
A Word About Imputing Income
Occasionally, people try to avoid or lower their child support obligation by voluntarily decreasing their income. If the court believes you purposely made a change that decreased your income in an attempt to impact your child support obligation, the law almost invariably allows the court to base the child support figure on what you could be earning, not what you’re actually making at the time. This is called “imputing” income, and it can very well put you firmly behind the proverbial eight-ball financially.
Be sure to consult with an experienced divorce lawyer in your area to learn more about child support.