CHILD SUPPORT
For parents, child support can be the key issue in a divorce, marking the line between making it or going under. We'll explain how it is figured, how long it can last and when it can be cut off.
Who pays the taxes on child support?
Child support is not taxable to the one who receives it, nor is it tax deductible by the one who pays it.
How do we figure how much child support should be paid?
Most states now have Child Support Guidelines. These should be consulted by you and your attorney in your own state. These guidelines take into account the gross earnings of each party, the expenses they are paying for the children, how much time each child spends with the parent, etc.
How long is child support paid?
Child support, without an agreement or court order, usually ends at the child's 18th birthday, although a separation agreement or court order by consent may set a higher age, such as upon graduation from college or at age 21. If the child is disabled or handicapped, payment may be for life. Your attorney should explain this to you.
When my child is visiting the other parent, can he or she reduce child support paid to me?
Unless the court order or separation agreement specifically provides for a reduction, the child support payment should remain the same. Again, check with your attorney.
If I cannot see my child for visitation, can I stop paying child support?
In some states, denial of visitation is not legal justification for withholding child support. Neither is lack of child support a legal excuse for refusing the other parent visitation rights.
Can the other parent's paycheck be garnished for child support?
States vary in garnishment requirements and procedures and some states do not allow garnishment at all. Garnishment is a court proceeding that requires an attorney.
What if I need more child support in the future?
If the child support is set out in a court order, you may petition the court to increase child support if you can show that there has been a substantial change of circumstances.
What is a substantial change of circumstances?
Such a change usually consists of increased living expenses, inflation or an increase in the earnings of the other parent.
Can the child support increase each year to offset inflation?
Yes, if it is agreed to by the parents or written into the court order.
Can child support also be reduced?
Yes, if there has been a substantial change of circumstances. For example, a parent who just lost his job or has had a substantial reduction in pay could petition the court to reduce child support payments that he or she is making.
© Carol Ann Wilson, Certified Financial Planner, and Edwin Schilling, III, Attorney at Law, Authors of "Survival Manuals"
