Understanding Child Support: A Guide for Parents and Family Law Solicitors

Child support is a critical issue that arises in many family law cases, particularly when parents are separating or divorcing. It is an important legal obligation that is designed to ensure that children are financially supported by both parents, regardless of whether the parents are living together or not. Child support is a complex issue that can be difficult for parents and family law solicitors to navigate. In this guide, we will provide an overview of the key concepts and considerations related to child support, and explain how parents and family law solicitors can ensure that children are adequately supported.

What is Child Support?

Child support is a legal obligation that requires parents to financially support their children, regardless of whether the parents are living together or not. This typically means that the parent who has primary physical custody of the child (known as the custodial parent) will receive financial support from the other parent (known as the non-custodial parent).

Child support is intended to cover the costs of raising a child, including basic necessities such as food, clothing, and shelter, as well as other expenses such as healthcare, education, and extracurricular activities. The amount of child support that is paid will depend on a variety of factors, such as the income of the parents, the number of children, and the cost of living in the area where the child is living.

How is Child Support Calculated?

Child support is typically calculated using a set of guidelines that are established by each state. These guidelines typically take into account the income of the parents, the number of children, and the cost of living in the area where the child is living. The guidelines may also consider other factors such as the age of the child, the child's special needs, and the amount of time that the child spends with each parent.

In most states, the non-custodial parent will be required to pay a percentage of their income to the custodial parent for child support. The percentage will vary depending on the state, but it is typically between 17% and 25% of the non-custodial parent's income.

Enforcing Child Support Orders

Once a child support order has been established, it is important that both parents adhere to it in order to ensure that the child is adequately supported. If a parent fails to make child support payments, the custodial parent can take steps to enforce the order. This may include filing a contempt of court action, which can result in fines or even jail time for the non-paying parent.

Additionally, the state can also take action to enforce child support orders by garnishing wages, intercepting tax refunds, or revoking driver's licenses, professional licenses, or passport.

Modifying Child Support Orders

Child support orders are not set in stone and can be modified if there is a change in circumstances. For example, if the non-custodial parent loses their job or the custodial parent's income increases, the child support order may be modified to reflect the new circumstances.

It's important to note that both parents must agree on the modification or one party must file a motion to the court for a review and modification of the order. This process can be difficult, and it may be helpful for both parents to have the assistance of a family law solicitor when pursuing a child support modification.

Conclusion

Child support is a critical issue that must be addressed in many family law cases. It is an important legal obligation that is designed to ensure that children are financially supported by both parents, regardless of whether the parents are living