Practice Area
Child Support
Financial Security for Your Children's Future
Ensuring children receive the financial support they deserve.
Overview
Understanding Child Support
Child support is a legal obligation that ensures both parents contribute financially to their children's upbringing, regardless of which parent the children live with primarily. Every state has guidelines that calculate child support based on the parents' incomes, the number of children, the custody arrangement, and additional factors such as healthcare costs, childcare expenses, and the children's special needs. The goal is to ensure that children maintain a standard of living reasonably consistent with what they would have experienced if the family had remained intact.
Child support obligations typically continue until a child reaches the age of majority (18 in most states), though they may extend longer if the child is still in high school, has special needs, or in some states, through college. The amount of support is not discretionary — it is calculated using established guidelines that both parents and the court must follow. However, courts do have the ability to deviate from the guidelines in certain circumstances, such as when a child has extraordinary medical needs or when the guidelines would produce an unjust result.
Whether you are seeking child support or being asked to pay it, understanding how the guidelines work and what expenses are covered is essential. Child support is intended to cover basic necessities — food, clothing, and shelter — as well as healthcare costs, educational expenses, and a proportionate share of childcare costs that enable the custodial parent to work. In high-income cases, support may also cover extracurricular activities, private school tuition, and other expenses consistent with the family's standard of living.
Child support cases require careful attention to financial detail. Both parents must provide full disclosure of their income, which includes not just wages but also bonuses, commissions, overtime, self-employment income, investment returns, and rental income. When a parent's income is unclear or appears artificially low, additional investigation may be necessary. We work with financial professionals when needed to ensure that support calculations are based on accurate income figures.
Key Considerations
What You Need to Know
Income Calculation and Disclosure
Accurate income calculation is the foundation of any child support determination. We ensure that all sources of income are identified and properly documented, including wages, self-employment income, bonuses, stock options, rental income, and trust distributions. When a parent is self-employed or has complex compensation structures, we work with forensic accountants to determine true income.
Deviations from Guidelines
While child support guidelines provide a calculated amount, courts can deviate upward or downward in certain circumstances. Grounds for deviation include extraordinary medical expenses, special educational needs, travel costs associated with long-distance parenting, and significant financial disparity between the households. We advocate for appropriate deviations when the guidelines do not adequately address your children's needs.
Healthcare and Childcare Costs
Child support orders typically address health insurance coverage, out-of-pocket medical expenses, and work-related childcare costs. These expenses are usually shared between the parents in proportion to their respective incomes. We ensure that these provisions are clearly defined in your order to prevent future disputes about which expenses are covered and how costs should be divided.
Enforcement Mechanisms
When a parent fails to pay court-ordered child support, a range of enforcement tools is available. These include wage garnishment, tax refund interception, driver's license suspension, passport denial, property liens, and contempt of court proceedings that can result in fines or jail time. We act swiftly to enforce support orders and protect your children's financial security.
Support for Children with Special Needs
Children with disabilities or special needs often require additional financial support beyond what standard guidelines provide. This may include therapy, specialized education, adaptive equipment, and extended support beyond the age of majority. We advocate for support orders that reflect the true costs of meeting your child's unique needs.
Our Process
What to Expect
We guide you through every step with clarity and care.
Financial Disclosure
Both parents provide complete financial information, including income, assets, debts, and existing financial obligations, to establish the basis for the support calculation.
Guideline Calculation
We run the support calculation using your state's guidelines, incorporating both parents' incomes, the custody arrangement, healthcare costs, childcare expenses, and any applicable deductions.
Deviation Analysis
We assess whether any factors warrant a deviation from the guideline amount and present evidence supporting any requested deviation to the court.
Negotiation or Hearing
Support amounts may be negotiated between the parties or determined by a judge at a hearing. We present your financial situation and your children's needs clearly and persuasively.
Order Entry and Enforcement
Once the support amount is determined, we ensure the order is properly entered and set up for enforcement, including income withholding orders directed to the paying parent's employer.
FAQ
Frequently Asked Questions
How is child support calculated?
Every state has guidelines that calculate support based primarily on both parents' incomes and the amount of time the child spends with each parent. Additional factors include the cost of health insurance for the child, work-related childcare costs, and any special needs. The specific formula varies by state — some use an income shares model (both parents' incomes), while others use a percentage of income model (based on the non-custodial parent's income).
Can child support be modified?
Yes. Child support can be modified when there is a substantial change in circumstances, such as a significant change in either parent's income, a change in the custody arrangement, or a change in the child's needs. Many states allow modification when the recalculated amount differs from the current order by a certain percentage (often 15-20%). Either parent can petition for modification.
What if the other parent is not paying child support?
If the other parent is not paying court-ordered child support, you have several enforcement options. You can work through your state's child support enforcement agency, which has tools including wage garnishment, tax refund interception, and license suspension. You can also file a contempt motion in court, which can result in fines or even incarceration for willful non-payment. We help clients pursue the most effective enforcement strategy.
Does child support cover college expenses?
This varies significantly by state. Some states allow courts to order parents to contribute to college expenses as part of child support, while others do not. In states where college support is available, the court considers factors such as the parents' financial resources, the child's academic ability, and the cost of the educational institution. Even in states that do not mandate college support, parents can agree to include college provisions in their divorce settlement.
Can I withhold visitation if child support is not being paid?
No. Child support and visitation are legally separate obligations. You cannot deny the other parent visitation because they have not paid support, just as the other parent cannot refuse to pay support because you have limited their visitation. Both obligations are enforceable independently through the court. Withholding visitation can result in contempt charges against you and may negatively impact future custody proceedings.
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