Child Support-The Basics

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Introduction

Since the late 1980s, the Federal Government has required each state to implement some form of guidelines to assist in establishing the amount of child support ordered to be paid in Dissolution of Marriage cases, or Paternity cases.

States throughout the country have adopted varying models to establish child support. Some use a percentage of the non-custodial parent's income; others base child support on each parent's percentage of their combined gross parental income.

The first step in establishing the appropriate amount of child support for your case is to learn what method your state, or the state of jurisdiction, uses. Obtain copies of the relevant child support charts and forms. You can usually get a copy of the guidelines from your county's Circuit Court Clerk, but may also be available on the state website. A review and modification of the guidelines are performed every 4 years, so make sure you have the current version.

As an example, Texas and Illinois use a percentage of the non-custodial parent's income, while both Missouri and Kansas establish the amount of child support by calculating each parent's percentage of their combined total gross monthly income. Both Missouri and Kansas have child support charts that are keyed to gross monthly income and the number of children in the family, though Kansas further refines their calculations based on the ages of the children.

The child support guidelines indicate the "basic" amount of child support; additional child related expenses are added to this figure to calculate the "total child care expense." This number is multiplied by each parent's percentage of the total combined income to determine the "presumed amount of child support".

It is presumed that the custodial parent will spend that amount of money on the children; and the non-custodial parent's child support is generally the amount indicated on the child support work sheet-which records all of the income, expenses and adjustments that are allowed by that state.

Disputes about child support amounts can arise regarding:

Each parent's correct gross monthly income;
The impact of other children or court ordered support obligations;
Day care and Health care costs for the children, including insurance premiums;
Extraordinary expenses, like private school tuition, etc;
Documentation regarding the children's real expenses;

Each of these factors are "fact" specific, which means it is difficult to generalize about the import or impact of any of them on a given case, other than to say the guidelines themselves have "Comments for Use" that may address how these issues should be handled when establishing child support. Other factors may also be considered by means of a "Rebuttable Presumption" argument, which could increase or decrease the final amount ordered.

The following will address these issues, beginning with what to do when handed that piece of paper that says you have a child that requires financial support, even when you didn't know you had a child. Worse, that you owe 18-years of retroactive Child Support.

Child Support Types

There are several forms of child support:

Basic
Intended to lessen the financial burden of raising a child with a roof over their head and clothes on their back, and belly's full of food.

Medical
Often the non custodial parent is required to pay for 100% of the child's insurance, some states deduct this off of the regular basic child support, some don't.

Out of Pocket Medical
This is where the parents are required to split the co-pays for the doctors, or any other medical item that is not covered by insurance such as braces, or eyeglasses. Typically this is a 50/50 split but if one person makes much more than the other it can be split according to income. For example if the dad makes 3 grand a month, and the mom makes 1 grand a month then the dad brings in 75% of the income so he is responsible for 75% of the out of pocket medical costs.

Daycare and/or School Tuition
This is treated much like out of pocket medical, it can be split 50/50 or on the sliding scale of income. Daycare is typically covered if the custodial parent has to work and that is why the child is placed in daycare. In addition, the private school tuition typically only works with a Judge if that is what the child would have had the two parents stayed together.

Extracurricular Fees
These are the fee's associated with ballet lessons, music lessons, sports fees, and I even saw an order once that detailed prom tickets to be split. College is usually not split by the parents. However, everything else is open for interpretation by the Judge. He can award all of these things in the order, or none of them...it all comes down to the Judge.

Initial Instructions

What The Feds Have To Say
Q&A On Child Support Enforcement
Begin here by reviewing this Handbook On Child Support provided by the Federal Office of Child Support Enforcement and the Federal Citizen Information Center of the U.S. General Services Administration.
Don't Get A Tax Refund
All states have programs to capture federal and state income tax refunds for recovering past due child support. If you owe past due child support the capturing of your income tax refunds may be a relatively painless way of paying your past due support.

Unfortunately, the computers that capture income tax refund payments are not always accurate resulting in people who DO NOT OWE past due child support getting their refunds captured. The only way to avoid this problem is not to get a refund.

Any good accountant will tell you that it is not wise to get tax refunds. Uncle Sam does not pay you interest for money that he keeps all year long, and only charges modest fees. if you have not paid in enough by the end of the year.

Increase the number of deductions on your "W-4 Form" with your employer. The IRS hardly even blinks if you take up to eight deductions on your W-4 Form.

You may have to pay in some extra taxes a couple of times per year, but then again you will get more money that is spendable from each paycheck.

If you already have a refund coming for the year, elect to have your refund go toward your next year's taxes. If you have remarried, make certain to have your spouse fill out Form 8379 (Injured Spouse Claim & Allocation) and send this form in with your taxes every time you file.
Keep Your Records Forever
You should keep copies of all your paycheck stubs showing child support deductions, child support receipts, and any agreements that you and the other side have made concerning child support, FOREVER.

It is a good idea to make multiple copies of these items and store them in separate places so that one fire does not wipe them out. Using a scanner to make PDF copies also helps. Fathers' Rights Groups cannot count the number of times members have been required repay some of their child support obligations because they threw away some of the above items and did not keep good records of their child support payments.
Don't Pay Mom - Pay The Courts
While the agencies that collect child support have a lot to be desired, it is generally a much better idea to pay through the court system than to pay the mother directly. Child Support Obligees have a way of conveniently forgetting that they have been paid child support, asking to be repaid support that has already been provided.

By paying through the court, you are much more likely to be able to document that you have made your support payments. Even so, you should get a printout from the court, or child support enforcement, every six months or so, to make certain that you are being properly credited for all your child support payments.

Check with your state (see links below) to see if this info is available online, or whether they send out regular statements of payments made.
Keep A Child Support Ledger
You should keep a Ledger of your Child Support Payments. If you have a computer, you can keep this ledger on a standard spreadsheet program, or in a program like Quicken. If you do not have a computer, buy some ledger paper and keep a ledger that way. This link will take you to a basic Child Support Ledger.
If You Lose Your Job, Request A Modification, Immediately!!!
One of the main reasons that fathers develop arrears in their child support is that they do not make motions to modify their child support immediately upon losing their employment.

If you are fired or laid off, you need to immediately file a motion to modify your child support payments. Most court systems have the necessary forms for you to make such motions if you cannot afford an attorney to assist you in modifying your support payments. However, Child Support Enforcement is required by Federal Law to provide help to EITHER PARENT upon request for a modification to increase OR DECREASE a child support order.

You will need to have documents from your job as to why you are no longer working. If you quit your job due to health reasons, you will need documentation from your doctor as to why you could not continue to perform your old job.

NOTE: You can only modify your child support back to the date that you filed your motion to modify the support so the longer you wait the more you may have to pay.
Hire An Accountant
If you are self-employed, it is a good idea to hire a certified public accountant to keep your financial records. Child support enforcement attorneys are always questioning the record keeping of self-employed persons, claiming that you are taking money under the table. Having an accountant prepare your financial documents will give them more credence in court. A good accountant may find ways to save you all of his or her fees anyway.

One thing you should consider doing if you are self-employed is to incorporate your business. By incorporating, you can be given a base salary by the company that often will smooth out arguments as to how much you are making for child support purposes.

Note: If you incorporate you will need to have other persons as shareholders in your company for it to be most effective.
Get A Copy Of Your State Child Support Guidelines
You can generally get a copy of these guidelines along with your local court rules concerning child support enforcement at your local courthouse, the local child support enforcement office, or online. See this page for links to your state agency.

NOTE: Many states have Child Support Calculators on the state web site.

Personal Incomes Tax Deduction For Children

Debt Management

In Troubled Times

Many of us are experiencing the squeeze of today's economic climate. We live in a society based on money-"you either have it or you don't". HOWEVER, if you married in good faith, worked hard at being a good spouse and parent - then had the courts step in and say "unless you spend ALL you can get on a lawyer to protect your Parental Rights, we are going to take them away from you", it makes it very difficult to be proud of paying all your bills on time WHILE YOU ARE LOSING YOUR CHILD IN THE PROCESS.

Most bill paying processes today are computerized. There are elaborate programs that detail your personal credit activity according to data entries from thousands of possible sources. If errors or misinterpretations are made on those out of ordinary problems (such as Family Court Rulings), the system responds only to those making entries.

The creditors definitely have the upper hand in understanding this system, but you do have some leverage. There are laws that attempt to equalize this situation; Fair Credit Billing Act, Federal Equal Credit Opportunity Act, and the Federal Consumer Credit Protection Agency are a few. These statutory laws and their case law rulings are recorded in the law library. The best way to protect your rights is to FIRST learn what they are.

You can go to any of the Credit Reporting companies to obtain a copy of your credit record. You can get an interpretation of it's meaning, AND you can have your reply of any dispute be part of the record. Act quickly and firmly to protect your credit record in these difficult times so you may enjoy the fruits of your labor with your children.

There are various sources of obtaining help (some are free) to formulate a budget and provide assistance to you as an alternative to bankruptcy or other legal action from creditors.

Q&A's

The following came from the Handbook of Child Support Enforcement For Non-Custodial Parents, available free as a hard copy from the Federal Citizens Info Center. It can be ordered by calling 1-888-8 PUEBLO (1-888-878-3256) and requesting Document 505W or by downloading the PDF file.

Department of Health and Human Services
Administration for Children and Families
Office of Child Support Enforcement

Both research and observation give clear and convincing evidence that children benefit greatly if both parents are actively involved in their lives. It is critical to children as they grow and develop.

Bringing a child into the world means making a commitment to care for him or her throughout childhood - ensuring the best possible environment to grow in. Children need safe places to live, nourishing food, education, and a solid foundation of values. Mothers and fathers bring different, but equally important, qualities to their children.

In a divorce or non-marital situation, either parent may be granted custody of the child -- or both may share equally in the physical custody and/or decision-making responsibilities.

Because traditionally men are less likely to have custody, and because the role of fathers is so important, the Department of Health and Human Services (HHS) has established a Fatherhood website at: http://fatherhood.hhs.gov/index.shtml

Q&A

I'm getting a divorce and my spouse wants me to pay child support directly to her. Can I insist on paying through the CSE office?

I'm the noncustodial parent. I love my kids. I pay my child support. About half the time when I go to pick them up for my weekend, my ex-wife has made other plans for them. It's not fair that the state will enforce my child support obligation but not do anything about my right to see my kids.

After I pay my child support, I don't even have enough money for decent food. When my child support order was set, I was making about $300 a month more than I am now. Can I get the order changed?

Is there a limit to the amount of money that can be taken from my paycheck for child support?

I can't find my child and the custodial parent. What can I do?

I just found out that I was named the father of a child I never even knew about. How can that happen and what can I do about it?

How long do I have to pay?

I pay child support every month. I buy extras like school clothes and pay for field trips. Why can't I claim my child as a dependent?

My current wife is working and when we filed our taxes, the whole refund was taken.

I tried to get a passport for a business trip abroad. The State Department denied it because of child support. I don't know which state said I owe child support.

I'm getting a divorce and my spouse wants me to pay child support directly to her. Can I insist on paying through the CSE office?
A noncustodial parent can apply for child support services if the case is not being enforced through the Child Support Enforcement (CSE) program, unless the support order requires you to pay her directly. Since January 1994, support orders must include a provision for income withholding unless both parents and the courts agree on another payment method.

If your order does not call for income withholding, you can request this service. If you do, you will have a record that you have made payments as required. If you are self-employed, you may be able to arrange for an automatic transfer of funds to the child support agency through electronic funds transfer (EFT). Either parent can apply for CSE services, which include collecting and distributing payments.

I'm the noncustodial parent. I love my kids. I pay my child support. About half the time when I go to pick them up for my weekend, my ex-wife has made other plans for them. It's not fair that the state will enforce my child support obligation but not do anything about my right to see my kids.
Although the CSE Program lacks authority to enforce visitation, many state or local governments have developed procedures for enforcing visitation orders. Also, the Federal government has made funding available to states for developing model programs to ensure that children will be able to have the continuing care and emotional support of both parents.

Check with your local CSE agency and clerk of court to see what resources are available to you and to find out about laws that address custody and visitation.

After I pay my child support, I don't even have enough money for decent food. When my child support order was set, I was making about $300 a month more than I am now. Can I get the order changed?
Either parent can request a review, and adjustment, if appropriate, of a child support obligation at least every 36 months, or sooner if there has been a substantial change in circumstances such as reduced income of the obligated parent or a change in medical support provisions. Check with your CSE office to see if your child support obligation is in line with state guidelines and ask how to request a review.

If your case does not meet the state's standards for review, either because the order has been reviewed within your state's review period or the change in income is smaller than would merit an adjustment under state standards, you may still be able to petition the courts for a hearing. In this case, it may be helpful to have the services of an attorney. Your local legal aid society may be able to advise you about finding low-cost counsel if you cannot afford a private attorney. Also, a number of states have information about how to handle your case pro se (a legal term for representing yourself) to have the courts determine if your support obligation should be changed. Contact your local CSE office or the clerk of the court for more information.

Is there a limit to the amount of money that can be taken from my paycheck for child support?
The amount that can be withheld from an employee's wages is limited by the Federal Consumer Credit Protection Act (FCCPA) to 50 percent of disposable income if an obligated parent has a second family and 60 percent if there is no second family. These limits are each increased by 5 percent (to 55% and 65%) if payments are in arrears for a period equal to 12 weeks or more. State law may further limit the amount that can be taken from a wage earner's paycheck.

I can't find my child and the custodial parent. What can I do?

One of the services of the Office of Child Support Enforcement is helping to locate children in parental kidnapping cases. Federal law allows the use of the Federal Parent Locator Service (FPLS) in parental kidnapping or child custody cases (including cases in which the custodial parent has hidden the child in violation of a visitation order) if:

a civil action to make or enforce a custody order has been filed in the state courts; or
a criminal custodial interference case is being investigated or prosecuted.

Requests for information from the FPLS in custody and parental kidnapping cases must come from a state CSE agency. State CSE agency web site links are available below.

States may collect a fee from people using the service to cover processing costs.

I just found out that I was named the father of a child I never even knew about. How can that happen and what can I do about it?
If you have received papers naming you as the father of a child, and providing information about attending a hearing, contacting the CSE agency or some other tribunal, or other action that you must take, it is very important to follow up as required by the document you received. Check with the CSE agency to see how to request genetic testing, or to learn about paternity establishment in your state.

There are cases in which a man can be determined to be the father of a child if he was "properly served" notice of a paternity hearing but did not go. What constitutes "proper service" is determined by the state - it may be in the form of a registered letter, a notice delivered to the person's legal residence, or even a notice published in the newspaper. Check with the CSE agency in the state where paternity was established to see what can be done. If the paternity was established by fraud, duress, or material mistake of fact, it may be possible, depending on state law, to challenge the paternity finding.

Also, there are cases in which the alleged father is misidentified - if names are closely similar, for example. There, too, your best information about resolving this will come from the state CSE agency. Contact information is at the end of this Handbook if it was not provided in the notice that you received about the paternity.

How long do I have to pay?
Emancipation and the age of majority for termination of child support are determined by the states. Some states have provision for child support payments while a child is in college.

For particular situations -- if a child leaves school before reaching the age of majority, is still in school but is emancipated, or is enrolled but not attending classes, for example -- check with the child support agency to see how the state handles them.

If a child is handicapped, parents may be required to pay support after that child becomes an adult. Also, if a child was determined to be disabled before reaching the age of majority, states can still collect arrearages through tax refund offset.

Check this link for a summary of the laws for each state on when child support stops: http://www.ChildSupportRights.org/WhenDoesItEnd

I pay child support every month. I buy extras like school clothes and pay for field trips. Why can't I claim my child as a dependent?
Under domestic relations tax provisions set forth by the Internal Revenue Code, for divorced or separated parents, the parent who has custody for a greater portion of the calendar year is entitled to the dependency exemption for the child (See 26 U.S.C. 152e). In some cases, a court or administrator will address the issue of who can claim the dependency. Also, the parent with custody can provide the other parent with a written statement that he/she may take the exemption for a given year. The noncustodial parent can then attach the statement to the income tax form, using IRS Form 8332, and claim the child(ren) as dependents for a given tax year. To obtain IRS Form 8332 and other IRS Forms and Publications, visit the IRS Web site at http://www.irs.gov/formspubs/index.html

In the case of parents who have never married, the IRS gives information about who can be claimed as a dependent in their Form 501: http://www.irs.gov/pub/irs-pdf/p501.pdf

Generally, that would be a child for whom you had provided more than 50% of the support over the year. For addition info on Child Support and Tax Deductions, see this link: http://ChildSupportRights.org/ChildTaxCredit.

My current wife is working and when we filed our taxes, the whole refund was taken.
If a couple filed a joint return and only one of them is liable for child support payments, in non-community property states the other spouse can file an amended return to receive his or her share of the tax refund. The person who is not responsible for the child support debt can file tax Form 8379, the Injured Spouse Claim and Allocation.

I tried to get a passport for a business trip abroad. The State Department denied it because of child support. I don't know which state said I owe child support.
If you do not know which state certified your case, or if you have never owed back child support, check the list provided with the Department of State denial letter for the contact information it gives for the state where you currently live. If you don't have the list, staff in the state agency can check with the Federal Office of Child Support Enforcement to see which state certified the case and can get you contact information for resolving any problem.

Writing Letters

Fathers are a frequent a target of the media, and politicians, in citing what they think is wrong with America.

They blame us for fatherless children, even though 40% of divorced/single mothers deny fathers access to their children.

They call us deadbeat dads, even though only 3% of those ordered to pay child support refuse to.

They claim that millions of single mothers are not getting child support, without mentioning that 75% of single mothers never applied for any, either due to them cohabiting with the father, or not knowing who the father is.

If we are to curb the negative picture presented about fathers, then fathers need to be expressing their opinions on it. You can be doing that by writing letters to your politicians, and to the Editorial Letter page of local and national newspapers.

These links will teach you how to do just that. Consider doing it at least once a month.

We cannot make our voices heard if we are not willing to speak up.

Reading Corner

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trperry Apr 6, 2012 @ 11:59 am | delete

GREAT LENS! My husband has three children with his exwife. I had none when we got together so this is totally new and honestly exhausting. Thank you for all of your helpful lenses. BOOKMARK!

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kfres39389 Feb 7, 2012 @ 6:09 pm | delete

This was a very helpful article! I'm struggling with child support and have never not paid it. It's ridiculous how high it is! I'm living with my parents because my ex wife takes a third of my income. Thanks to your article, I now know more about the topic and can attempt to change my life!

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George_McCasland Feb 7, 2012 @ 9:22 pm | delete

Check out the chapter on child support on the Manual.
http://childsupportrights.org/PayersNeed2Know

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