| Divorce & Family Law |
| Child Custody |
| Child Support |
| Divorce |
| Domestic Violence |
| Guardianship |
| Paternity |
| Premarital Agreements |
Child Support
One of the issues that must be settled in a divorce or legal separation proceeding is child support. As a parent, you have a legal responsibility to support your children until they have reached the age of majority, or they go on active military duty, or the court declares that your children are emancipated, or your rights and responsibilities as parents are legally terminated such as when your child is placed in adoption. In certain cases, your responsibility doesn't stop even after your child has reached majority if he/she is disabled or still attending school.
To satisfy your support obligations to your children, you can be the primary caretaker where you have your children most of the time, or you can pay monthly support payments if you spend the least amount of time with the children. In case both of the parents spend more or less equal time with the children, the parent earning more is expected to pay some support to the parent earning less.
Calculation of Child Support Payments
Every state has its own formula on how to calculate the amount of child support to be paid by one parent to the other, after divorce or separation. Some factors include the amount of time that you spend caring for the children, your income, earning potential and necessary expenses, your eligibility for public benefits, and the number and ages of your children.
It may be possible to negotiate a support payment (higher or lower than the statutory amount). Most states also allow the family court to invalidate any agreement by parents that results in inadequate support for the children. A few states insist upon a minimum payment from the parent required to provide child support.
Laws in some states specify additional considerations in determining the amount of child support to be paid. These factors include provisions for health insurance, education, day care, and special needs of the child, and for the custodial parent's needs; the payer's ability to pay; and, the standard of living the children were used to before the divorce.
A family lawyer will be able to give you more details on how to calculate the payments of child support.