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Child Support

Child support is how courts try to ensure that the parent with custody of the child (custodial parent) is financially able to take care of the child. Child support primarily takes the form of monthly payments from the parent without custody (non-custodial parent) to the custodial parent. Since a child support order is an order of the court, it is enforceable through wage garnishments, wage assignments, contempt of court and seizure of property. In addition to money payments, child support can take the form of medical insurance, childcare bills, costs of travel and payment of other costs that the court deems to be in the best interest of the children.

To determine the amount of child support payments, the court takes into consideration the needs of the child, the age of the child, the ability of the non-custodial parent to pay, the earning capacity of the custodial parent, and other responsibilities of the parents such as previous obligations for child support for other children. In an uncontested divorce, parents will decide on an acceptable child support agreement that is then submitted to the court for approval. If the divorce is contested and the parents cannot agree on child support, the matter will be presented to the court in a hearing. During the hearing, both sides have the opportunity to present evidence and argue in support of the child support amount that they feel is appropriate. Once the court hears both sides, it will hand down a child support order that details the type and amount of support to be paid.

Once the child support has been determined, the court still has authority to modify the support order as conditions warrant. However, this modification must be formally requested by one of the parents. Changing child support orders can only be done when there are sufficient grounds to make the change, which requires a showing of a change in circumstances from when child support was last determined. Examples of changes in circumstance that warrant a modification of child support are changes in the child's needs, a substantial increase or decrease in the income of one of the parents, and sometimes the mere passage of enough time.