Frequently Asked Questions:
- Why do parents have to pay child support?
- Parents have a legal and moral obligation to provide their children with the necessities of life.
- Are both parents required to provide support?
- Yes. The non-custodial (non-residential) parent, regardless of sex, will normally have a cash obligation even if the custodial parent does not need the money. The custodial parent is expected to provide for the expenses of running a household in addition to clothing, transportation, etc. In determining the cash obligation, both parents' household incomes, earning capabilities and needs of the children are taken into consideration. U.S. law now requires all states to develop child support guidelines to promote uniformity of court orders.
- If physical custody is shared for long or frequent periods of time, how is support determined?
- Depending on the financial circumstances of the parents, the needs of the children, and the time actually spent with each parent, support payments may or may not be required and may be subject to state guidelines. Courts encourage mediated or negotiated agreements in these situations.
- Can child support be given directly to the children?
- No, except in very limited circumstances as determined by the court.
- Does support have to be spent directly on the children?
- No. Household expenses such as rent, mortgage and utilities are considered part of the costs of raising children.
- Are there child support obligations beyond the regular support payments?
- Yes. Such expenses might include medical insurance, medical and dental needs, education, child care, etc.
- Does child support automatically terminate if the children go to live with the other parent?
- No. It must be changed by the court.
- Are child support and visitation rights related?
- No. In most states they are considered separately. Children have a right to support as well as a right to a relationship with both parents. Denying the children access to a non-custodial parent who is not paying child support punishes the children for the behavior of the parent.
- Why do courts punish parents for non-payment of support but not for denial of visitation?
- Fortunately, courts in many areas are establishing more positive solutions to the problem of withholding visitation, including make-up time and referring the parties to mediation. Many judges feel that putting the custodial/residential parent in jail might have a harmful effect on the children and punish them as well.
- Are child support payments deductible for tax purposes?
- No, (and they are not taxed as income to the recipient), unless part of a court order which, under certain circumstances, includes spousal maintenance. Certain medical expenses may be deductible.
- Is the parent who pays support allowed to claim the children as dependents for tax purposes?
- The parent with more than one-half of the physical custody during the tax year may claim the children as an exemption unless a court order directs otherwise and/or the custodial parent executes IRS form 8332. CAUTION: The IRS changes these rules frequently.
- Does child support have to be paid for employed children?
- Each situation is different and considered individually. There is a difference between the income of a minor child working part-time versus full-time. Until changed, the existing support order has to be paid.
- What happens if a parent does not pay court-ordered support?
- The parent may be found in contempt of court. Depending on state law, the court can order money withheld from the parent's pay, put the parent in jail, or impose other enforcement remedies.
- Does the parent receiving child-support have to account for how the money is spent?
- No, except in the rare instance when the court might order it. However, keeping records may help determine the children's financial needs.
- How long must support be paid?
- State laws vary, but generally until the child reaches the age of majority (usually 18) and graduates from high school, or becomes emancipated. The judge determines emancipation as well as special circumstances requiring support beyond the age of majority, such as a child's disability or educational needs.
- Are support payments ever adjusted?
- Yes, but only if a parent can prove to the court that there has been a substantial change in circumstances or both parents agree. Changes in a child's needs or either parent's income could be the basis for modification. Generally, a change, if approved, will not be effective until formally requested.
- Does support have to be paid when the children stay with the non-custodial/nonresidential parent for more than a week at a time?
- Yes. Unless specified in the support order, support does have to be paid since the majority of child-related expenses continue whether or not the child is there. There are circumstances when an order may suspend or credit support for a period of time.
- Can purchases of clothing, food, or gifts for the children be deducted from the support payment?
- No. Only if both parents agree and credit is given. Court approval may be necessary.
- Does the amount of support change when there is a remarriage?
- Remarriage may be a factor in determining whether there has been a substantial change in financial circumstances. Generally, step-parents do not have a financial obligation to the step-children, although some states may impose an obligation under very limited circumstances.
- Is it necessary to continue to pay support if the custodial parent and the children disappear, leaving no current address?
- Yes, support must continue to be paid until a new court order is obtained. The court may require that payments be made into a special account until the children are found, at which time further direction should be requested.
- If the children are living with someone else, can the child support be paid to that person?
- Child support must be paid to the person named in the court order, until that order is changed by the court.
- If the custodial parent moves away, requiring a change in the visitation arrangements is there still an obligation to pay support?
- Yes, although a modification may be required since this is usually a substantial change of circumstances.
