Child Support Lawyers

Child support is a legal obligation in the form of regular payments made by a parent to benefit their child. This money is used for basic expenses and necessities such as food, housing, clothing, health care, and educational needs. Regardless of your fight to gain custody of your children, child support will be an issue in your case. You will either be paying it or receiving it.

Courts have little discretion in setting the amount of child support to be paid. This is because, as a condition of receiving federal aid, the states are required to follow certain standards in their child support statutes. Although the exact procedures and details vary from state to state, there is a certain basic pattern no matter where you live.

Child Support Calculation

Typically, child support is calculated in a very formulaic manner. In most states, the calculations are based on three main factors: the parents’ income, custody arrangements, and the number of children involved. The courts have constructed formulas in an attempt to eliminate subjectivity.

The court will review several factors when calculating child support amounts that are to be paid monthly. These can include:

• The child’s age and gender
• Any academic, physical, or medical special needs
• The income and educational level of each parent
• The number of children involved in the custody hearing
• The history each parent has with the child or children

Dispelling “Deadbeat Dad” Label

The oft-used term “deadbeat dad” conjures up an image of a father who neglects to support his children emotionally or financially. This is one of the many gendered stereotypes that are consistently present in the family court system. Not every dad who does not fulfill his child support obligation can be construed as a “deadbeat.”

The law recognizes this distinction. The inability to pay is a valid defense to a contempt action. Simply showing that you are unemployed, though, is not sufficient to establish an inability to pay. If you are a father who is falling behind on child support, contact a family law attorney in your area to see if anything else can be done to provide relief.

Related Article: Deconstructing The Myth Of The ‘Deadbeat Dad’

Father’s Rights

Historically, custody went to the mother, and fathers paid child support. However, due to several factors, custody and child support decisions have been shifted to the “in the best interests of the child” method. Reasons courts may order the father to have custody include:

• Joint custody
• Scheduling / work-related issues
• Financial situations
• Physical and emotional issues, including domestic violence
• The preference of the children, when they are old enough and mature enough to contribute their opinions
• Distance from family and community
• Substance abuse issues

What Does Child Support Cover?

Depending on the state, child support can cover:

• Basic Needs: Food, clothing, housing
• College Expenses: Depending on the state, the court can order you to pay for your adult child’s higher education.
• Childcare: Babysitters, daycare, afterschool programs, before-school programs
• Medical Expenses: Insurance premiums, uncovered medical expenses

If you have concerns about where your child support is going or, if you receive support, what you can use it for, child support lawyers for fathers can advise you on what child support includes.

What Does Child Support Not Cover?

Many families wonder what child support doesn’t cover. If your ex-spouse all of a sudden takes a vacation or buys a new car, you may be wondering where he or she got the money, especially if you couldn’t afford it when you were together.

Child support doesn’t cover unnecessary items such as vacations, new cars, entertainment, and other expenses that are not the child’s direct needs.

What If You Can’t Pay Child Support

There are a host of causes for financial hardship, but many of them will not entitle you to reduce your child support obligations. Simply losing a portion of your income may not be enough to reduce your child support obligation.

If you do lose a notable portion of your income, you will need to find out what the requirements are for modifying a child support order in your state. Consequences for nonpayment can include:

• Property seizure
• Driver’s license suspension
• Tax refund seizure
• Wage garnishment
• Jail time

The court sets the amount of child support and the payment schedule, so if making your payments becomes difficult, you need to let the court know as soon as possible to avoid legal issues. It’s imperative that you are honest about your circumstances so you don’t let the problem get out of control.

Related Article: Unemployed and Broke: How Can I Lower My Child Support?

Child Support and College Expenses

If you are divorced, depending on the state where you live, the court could order you to pay for your adult child’s college education – something a court could never order a married couple to do.

Some states require parents to pay for some college-related expenses, such as books and housing, while other states view these as conditional expenses and do not require payments and/or reimbursement.

Related Article: Does Child Support Cover College Expenses?

Modifying Child Support

When the judge in your case determines your original child support obligation, the considerations may be dictated by statute, determined by the circumstances of your case or a combination of factors. These initial considerations may affect how future evaluations of your child support obligation are reviewed.

You are entitled to modify the amount of your child support if the variables used in the initial calculation have changed or if other factors are no longer valid. Additionally, if an emergency strikes or if you are experiencing short-term financial hardships, the court may temporarily decrease your payments.

If the custodial parent starts experiencing financial problems, the non-custodial parent may experience a temporary increase in their child support payments. No matter what, however, any changes that need to be made must be heard in front of the court.

Parenting time changes can also affect primary custody and sole custody rulings and child support payments.

Related Article: 5 Things To Know About Child Support Modifications

Do I Have to Pay Child Support If I’m Unemployed?

This varies from state to state. However, in most states, you must pay child support if you become unemployed. You may ask for a modification of child support as long as you are not voluntarily unemployed.

Why Work With Cordell & Cordell

The Cordell & Cordell law firm works with fathers to guide them through the divorce process, including child custody and support matters. Our lawyers have experience dealing with even the most challenging child support and child custody cases, disputes, and other parental rights.

Client Experience

“[My attorney] was awesome! [He] kept telling me to keep my chin up. I’m not sure exactly how much I spent, it was expensive, it was worth every penny. I’ve got my life back on track. The communication from [my lawyer] was optimum. [He] was on the ball.” — Jeffrey C.

“[My lawyer] is a standout. He is responsive and attentive. He was good at giving input and feedback. When it comes to men’s divorces, [he] knows what he is doing and brought his experience to the table.” — Dolphus D.

“[My Attorney] was very attentive to my case and I feel I got a fair outcome.” — Karl S.

Get Your Voice Heard

If you are ready to file for divorce or if your spouse has served you with a divorce claim, contact a father’s rights attorney at Cordell & Cordell for a consultation. Give us a call today to learn what we can do for your family.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.