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Child Support
Establishment, enforcement, and modification of child support orders to reflect true income and meet your child's needs.
Establishment, enforcement, and modification of child support orders to reflect true income and meet your child's needs.
The court usually calculates the amount of child support based on the income of both parents, unless someone can prove that the standard is unfair or not applicable in their case. Normally, the party with the main responsibility to take care of the child (the custodial parent) receives child support, while the party without the guardianship of the child's life (non-custodial parent) should pay the child support. But it may also change due to the income situation of both parties.
Child support exists for one purpose: to ensure the child's standard of living does not decline because of divorce. Both parents have a legal obligation to support their children financially. Child support obligations are determined alongside child custody decisions and are a critical part of divorce settlements.
Child custody is divided into physical custody and legal custody. Physical custody is self-explanatory: the parent with whom the child resides most of the time has physical custody, another parent has visitation rights. Legal custody is the ability to make important decisions for one's children, such as where they go to school, whether to expose them to religion, health-related decisions, etc.
Child support is not necessarily permanent or unchangeable. If either parent's income changes significantly - through job loss, promotion, disability, or other major life changes - the support obligation can be modified. Courts will adjust support if there has been a material change in circumstances.
Enforcement matters too. If a parent fails to pay court-ordered child support, the receiving parent can pursue enforcement through wage garnishment, bank account levies, license suspension, or even criminal charges in extreme cases. Conversely, if you are struggling to pay, seeking modification early is far better than falling behind and facing enforcement action.
Child support typically continues until the child reaches the age of majority (usually 18-21 depending on the state), though it may extend longer if the child is still in school or has special needs.
Child support calculations can be complex, especially when income is variable, self-employment is involved, or bonuses and benefits are at play. An experienced attorney ensures the support amount reflects the true financial picture and protects your child's interests.
Contact us to discuss your child support matter confidentially.