Understanding Child Support Obligations

Child support is one of those issues that is just about guaranteed to come up during divorce if you have children under the age of 18. Many people going into divorce are confused about what is owed and who must pay. You should know that the laws regarding this important issue are very specific, so read on to learn more.

Federal laws and state laws

This issue is perceived to be so important that both federal and state laws come into play. The federal government sets the overall rules, and the states are charged with enforcing those laws. Child support amounts can vary from state to state, but your obligation will follow you from state to state. Indeed, you may find yourself with serious federal charges if it can be shown that you moved just to avoid your child support obligation.

Why are these rules so important?

It's all about the children, at least from the court's perspective. They believe, and rightly so, that children are the innocent victims of their parents' actions when it comes to divorce; and, their efforts to impose strict guidelines on child support and punitive actions when a parent fails to support their child prove that.

How much is owed for child support

While there are several mitigating factors, those interested in estimating potential child support obligations can take a look and punch some of their own numbers into online support calculators. Be sure to use the correct state when doing these estimations.

Some other factors to consider

  • Not all states use the same income type; some use net and some use gross pay. Gross is your total amount of pay before any taxes or other deductions are taken out; net is your final paycheck amount with deductions taken out.
  • If you have a previously ordered child support obligation in place, you may be able to deduct that amount from your income, effectively lowering the amount of your new obligation. You should know that if you voluntarily give a certain amount to a child, whether ordered or not, you cannot use that for a deduction.
  • Daycare and babysitting is another major deduction that can be used to reduce how much you would pay since childcare would typically indicate that the custodial parent is working hours and, therefore, making money.
  • If you are ordered to pay for your child's health care insurance, which is often a done in a separate part of the divorce decree, you can deduct the premiums, the deductibles, the co-pays and any out-of-pocket medical expenses.

This issue can be complicated, so contact a professional at a family law firm to learn more.


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