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Changes to a child support order are possible with changes in life circumstances for both the parents and the children.
Child support is a payment ordered by the court that one of the co-parents has to make it to the other after the divorce or legal separation. The family law states that raising a child is both parents responsibility even if they are not living together anymore. These payments ensure the children have financial support from both parents to cover basic expenses for clothing, food, healthcare, and housing. Co-parents may also be required to share the cost of daycare, education, extra-curricular activities, and their teen's car insurance. A child support order is usually used in conjunction with the parenting plan.
A family court doesn't order child support automatically without considering the following:
The custodial parent usually gets the child support from the non-custodial parent, even if it is the shared custody. However, if both parents have approximately the same income and shared child custody, child support payments may not be required. In that case, co-parents share other expenses. On the other hand, if one parent has a substantially higher income, they have to make the child support payments to the other parent. The only exception would be that they also have their children's full custody.
During a divorce settlement child support is ordered by the family court. If the child was born out of a wedlock, a family court orders a child and custody settlement. Every state has a different rule for calculating child support. Below is a list of factors that can determine your child support payments.
While time spent with children by each parent is crucial in calculating the child support, income is the main consideration. There are two methods used to calculate the income based child support:
Income Contribution Model
Step: 1 The family court determines the total income from both parents based on the financial disclosures.
Step: 2 Calculate the total child support based on the number of children and the income.
Step: 3 Allocate the share of child support to each parent based on their share of the total income.
Step: 4 Allocate the same percentage to any additional expenses not covered by child support.
Income Percent Model
Step: 1 The family court determines the total income from both parents based on the financial disclosures.
Step: 2 Each parent is responsible for contributing a percentage of their income to the child support.
Step: 3 Non-custodial parent may have to pay more child support.
Step: 4 A parent with significantly higher may have to pay more or all of the child support.
Step: 5 The calculation method for steps 2, 3, and 4 is also applied to any additional expenses not coverd by child support.
The child support department in your state will collect and disburse child support payments to the recipient parent. Your employer will withhold the child support amount from your paycheck every pay period. If you are self-employed, you will need to make that payment directly by bank transfer, check, or online. Some states also allow the obligated parent to deposit cash at a child support payments kiosk. With a mutual agreement approved by a family court, parents may make payments to one another.
If the obligated parent is failing to make child support payments, the first step would be to contact the local child support office. They will help you track the parent and collect payments. In some cases, the recipient may need to file a complaint with the family court. The family court can take several actions to ensure compliance. These actions may include:
Yes, you can request an adjustment in child support based on the changes in financial and personal circumstances of both parents and their children. Either the parents or their lawyers can negotiate the changes in the child support. However, any changes will need to be approved by a family court. Another option is to file a request for change in the family court and a judge will determine the new amount based on the circumstances.
A child support adjustment can be requested for several reasons. Below is a list of the common reasons.
Change in income
The business or Job situation can change for either of the parents. It can lead to a decrease or an increase in income. If one parent has a substantial increase in income, the other parent may request the family court to increase the child support so that the child can have a living standard at par with the new income.
Similarly, if one parent loses their job or experiences a slowdown in business they can request a permanent or temporary reduction of child support. If the parent is in armed forces reserves or part of the National Guard and gets activated, they can also request a temporary reduction of the child support.
However, quitting your job will not result in a reduction in child support. A judge will not be convinced that you are a bum just because you have quit your job to avoid child support payments.
Changes in the cost of living
Over time, the cost of living increases with time. A Cost of Living Adjustment (COLA) clause in the child support agreement or the law can trigger an adjustment. A co-parent can also request the court to increase child support due to an increase in the cost of living.
Changes in children's expenses
As children grow their needs will change. That can decrease or increase expenses. This includes clothing, education, food, medical, and residential expenses. A child support adjustment can be requested based on the changes in expenses.
Change in custody
As children grow they may prefer to spend more time with one parent or the other. Or one parent may be too busy with the work that they choose to spend lesser time than before with children. A child support change request can be submitted based on the time spent with each parent.
New children for one or both of the parents
Finding new romantic partners is natural for both co-parents after a divorce or separation. As a result, one or both of the parents can possibly have children with their new partners. To ensure that he/she has adequate money to support all children, they can petition the family court for a reduction in child support payments.
Remarriage of a co-parent
Some states may increase the child support payments if one of the co-parents remarries and their new partner also works. In this case, it can be treated as an increase in income. On the other hand, if the recipient parent remarries their child support payments can decrease due to the income and resources of their new partner.
| Country | State | Increase | Decrease |
|---|---|---|---|
| USA | Alabama | Link | Link |
| Alaska | Link | Link | |
| Arizona | Link | Link | |
| Arkansas | Link | Link | |
| California | Link | Link | |
| Colorado | Link | Link | |
| Connecticut | Link | Link | |
| Delaware | Link | Link | |
| Florida | Link | Link | |
| Georgia | Link | Link | |
| Hawaii | Link | Link | |
| Idaho | Link | Link | |
| Illinois | Link | Link | |
| Indiana | Link | Link | |
| Iowa | Link | Link | |
| Kansas | Link | Link | |
| Kentucky | Link | Link | |
| Louisiana | Link | Link | |
| Maine | Link | Link | |
| Maryland | Link | Link | |
| Massachusetts | Link | Link | |
| Michigan | Link | Link | |
| Minnesota | Link | Link | |
| Mississippi | Link | Link | |
| Missouri | Link | Link | |
| Montana | Link | Link | |
| Nebraska | Link | Link | |
| Nevada | Link | Link | |
| New Hampshire | Link | Link | |
| New Jersey | Link | Link | |
| New Mexico | Link | Link | |
| New York | Link | Link | |
| North Carolina | Link | Link | |
| North Dakota | Link | Link | |
| Ohio | Link | Link | |
| Oklahoma | Link | Link | |
| Oregon | Link | Link | |
| Pennsylvania | Link | Link | |
| Rhode Island | Link | Link | |
| South Carolina | Link | Link | |
| South Dakota | Link | Link | |
| Tennessee | Link | Link | |
| Texas | Link | Link | |
| Utah | Link | Link | |
| Vermont | Link | Link | |
| Virginia | Link | Link | |
| Washington | Link | Link | |
| West Virginia | Link | Link | |
| Wisconsin | Link | Link | |
| Wyoming | Link | Link | |
| Puerto Rico | Link | Link | |
| Washington DC | Link | Link | |
| Canada | Alberta | Link | Link |
| British Columbia | Link | Link | |
| Manitoba | Link | Link | |
| New Brunswick | Link | Link | |
| Newfoundland and Labrador | Link | Link | |
| Northwest Territories | Link | Link | |
| Nova Scotia | Link | Link | |
| Nunavut | Link | Link | |
| Ontario | Link | Link | |
| Prince Edward Island | Link | Link | |
| Quebec | Link | Link | |
| Saskatchewan | Link | Link | |
| Yukon | Link | Link |
Warning: This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.