Frequently Asked Questions About Child Support

Child support is a crucial aspect of confirming the well-being of children whose parents are separated or divorced. It’s a legal obligation designed to provide financial support for a child’s living expenses, healthcare, education, and overall welfare. Whether you're a parent paying child support or receiving it, the process can be confusing, especially when laws vary by state and circumstances change over time. To help clarify common concerns, our Louisiana child support lawyer has answered some of the most frequently asked questions we get about child support.

What Is Child Support?

Child support is a court-ordered payment made by one parent to the other for the purpose of providing financial support for their child or children. The non-custodial parent, typically the parent who doesn’t live with the child, is required to make regular payments to the custodial parent, who is responsible for the day-to-day care of the child.

The goal of child support is to assure that the child’s needs are met, regardless of the marital status of their parents. Child support can cover a range of expenses, including food, shelter, clothing, medical care, education, and extracurricular activities.

How Is Child Support Calculated?

The calculation of child support depends on state laws and varies from one jurisdiction to another. Most states use a formula that takes into account several factors, including:

• The income of both parents

• The number of children involved

• The custody arrangement (how much time the child spends with each parent)

• The child’s specific needs, such as healthcare, education, or special needs

Each state may have its own child support guidelines, but generally, the non-custodial parent is responsible for paying a percentage of their income toward child support. The more children involved, the higher the amount of support.

Some states use the "income shares model," which estimates how much parents would spend on their children if they were still living together. Others use the "percentage of income model," where the non-custodial parent pays a set percentage of their income based on the number of children they have to support.

Can Child Support Amounts Be Changed?

Yes, child support amounts can be modified, but only under certain circumstances. If there's a significant change in either parent’s financial situation, such as a job loss, promotion, or substantial increase in living expenses, either parent can request a modification of the child support order.

To request a modification, the parent seeking the change must typically file a formal petition with the court. The court will then review the new financial information and determine if a modification is warranted. It’s important to note that child support cannot be modified retroactively; the modification will only apply from the date of the request forward.

Changes in custody arrangements, such as if the child begins living with the non-custodial parent for a longer period, can also be a reason for adjusting child support payments.

What Happens If a Parent Doesn’t Pay Child Support?

Failure to pay child support can result in serious legal consequences. If a parent falls behind on child support payments, the custodial parent or state child support agency can take action to enforce the court order. Some common enforcement actions include wage garnishment, intercepting tax refunds, seizure of assets, suspension of driver’s licenses, and even contempt of court.

It’s crucial for non-custodial parents to communicate with the court if they're having trouble making payments, as it’s often better to seek a modification than to ignore the obligation.

Can Child Support Be Used for Anything?

Child support is intended to cover the basic needs of the child, including food, housing, clothing, medical care, and education. However, the custodial parent has the discretion to use the child support funds as they see fit, provided it benefits the child.

This may include paying for a portion of household expenses like rent or utilities, as these are necessary for providing a stable home environment for the child. Child support can also be used for extracurricular activities, child care, and other costs related to the child’s development and well-being. Courts assume that the custodial parent will use the child support in the child’s best interest.

How Long Does Child Support Last?

In most cases, child support continues until the child turns 18, which is considered the age of majority in most states. However, there are several exceptions to this general rule: high school graduation, disability, and college expenses.

It’s important to check the laws in your state to determine when child support obligations officially end.

Can Child Support Be Waived?

In general, parents cannot waive child support because it’s considered the right of the child, not the parents. Even if both parents agree that child support is unnecessary, the court has the final say in determining whether child support is appropriate.

In some cases, parents may agree to alternative arrangements for providing financial support, such as covering specific expenses directly (e.g., tuition or medical bills). However, these agreements must still be approved by the court to make sure that they're in the best interest of the child.

If a custodial parent wishes to waive child support, they must demonstrate to the court that they're financially capable of supporting the child on their own, and that the waiver will not negatively impact the child’s well-being.

How Does Child Support Affect Taxes?

Child support payments are neither taxable income to the recipient nor tax-deductible for the paying parent. This means that the custodial parent doesn’t have to report child support as income, and the non-custodial parent cannot deduct the payments on their tax return.

However, the parent who has primary custody of the child is typically the one who claims the child as a dependent on their tax return. In some cases, parents may agree to alternate claiming the child as a dependent each year. This arrangement must be clearly outlined in the child support agreement and approved by the court.

Parents who are responsible for covering medical expenses for the child, as part of their child support obligations, may be able to deduct those medical expenses from their taxes.

Can Child Support Be Paid Directly to the Child?

Child support is almost always paid directly to the custodial parent, not to the child, even if the child is old enough to handle their own money. This is because child support is intended to help cover the costs of raising the child, including housing, utilities, and other expenses that the child may not directly pay for themselves.

In some cases, particularly if the child is older and living away from home (such as attending college), parents may agree to pay certain expenses directly to the child or the institution (e.g., tuition payments). However, these arrangements must be approved by the court, and the primary child support payment is still typically made to the custodial parent.

Do Parents Have to Go to Court for Child Support?

While child support orders are usually established through a court process, parents do not always have to go to court to resolve child support issues. Many states offer alternative dispute resolution methods, such as mediation, to help parents come to an agreement on child support without the need for a contentious court battle.

If both parents can agree on the terms of child support, they can submit their agreement to the court for approval, and the court will issue a child support order based on that agreement. However, if parents cannot reach an agreement, the court will step in to determine the amount of child support based on state guidelines.

Even when parents reach an amicable agreement, it’s important to have the court issue a formal child support order. This assures that the agreement is legally binding and enforceable, which protects both parents and the child in the event of a dispute.

Contact Our Child Support Attorney

Child support is an essential part of confirming that children receive the financial support they need when parents are separated or divorced. Understanding how child support works, including how it's calculated, enforced, and modified, can help both custodial and non-custodial parents traverse this intricate area of family law. 

By knowing your rights and obligations, you can rest assured that your child’s best interests are prioritized and that their needs are met throughout their upbringing. Be sure to reach out to us here at Ivy L Graham Attorney at Law L.L.C. today for more information on the child support process. We serve clients throughout Louisiana, including Denham Springs, Livingston, Colyell, Holden, and Albany.