Child Support

There is a guideline calculator for child support , which the court uses to set orders for support. That being said, there are many reasons to ask the court to deviate from the guideline calculations. A child support attorney assists the client in discerning if it is appropriate to ask the court to deviate from guideline, producing either a below guideline or above guideline support order.

Many people request that child support be “non-modifiable,” which means that the court would make an order for an amount of support that could never be modified up or down. Child support cannot be made non-modifiable under any circumstance. Child support is the child’s right, and the right to the appropriate guideline child support order based upon current circumstances cannot be waived by a parent or anyone else.

Many people also believe that child support is only meant to be spent for the child, e.g. the child’s food, clothing, educational needs and extracurricular activities; this is incorrect. Child support can be spent by the receiving parent on any household expenses, including rent, food for the household, or for almost any use the receiving parent chooses. This can be upsetting for the parent paying the support, but it is the law.

Children are meant to be, and should be, supported commensurate with the financial and social circumstances of both parents. Child support is meant to equalize the economical circumstances in the households in which the child resides, so that one household is not a mansion, while the other is a shack. This type of experience is not good for the parents either. The child can hold resentment for a parent who leaves the other parent on food stamps, while living a lavish lifestyle. Conversely, the child could prefer the home of a parent with more resources to indulge the child. Either way, both parents lose. The best possible outcome for a child of divorce is that the child continues to love and respect both parents. The goal should be to get your child through the divorce and into adulthood as happy and psychologically healthy as possible. Believe it or not, supporting your child while he or she is in the other parent’s home is critical to this result.

On the other hand, the refusal of the supported parent to find meaningful employment can also be damaging to children of divorce. These children want and need both parents to move forward with their lives, modeling proactive and financially responsible behavior. There should be a reasonable balance between being financially supported and contributing to the financial support of your children. In a perfect world, parents work together to produce this outcome. When they cannot, a child support attorney and the court are there to guide parents and order a guideline amount of child support that will equalize financial resources in both households.