How Court Determines Child Support During Divorce

Federal and state laws mandate that both the father and mother of a child are responsible for the support of their children. Court ordered child support is granted when a judge issues a custody order, either for sole custody or shared custody. If joint custody is not awarded, the non-custodial parent is responsible for making child support payments. Court determined child support amounts often vary depending on the following factors:

Income of each parent
Expenses and the child’s standard of living before divorce
Specific needs of the child, including health insurance and educational needs
Day care expenses

Child Support and Unmarried Parents

Child support can also be requested by a parent, even if no marital relationship exists. Once paternity has been established, the father can be ordered to pay support. This is often referred to as paternity child support.

How the Courts Can Help

Court enforced child payments can be ordered by a judge when one parent fails to live up to their child support obligations. A child support order is as enforceable as any other court judgment or decree. A parent who is not paid child support can use every legal tool available to enforce the order, including:

Wage garnishments
Contempt of court decree resulting in fines and/or jail time
Seizure of the non-payor’s property by writ of execution
Suspending the parent’s driver’s license
Revocation of any professional licenses

Repeat offenders will only be let off the hook when the entire amount in arrears has been paid in full.

Getting Legal Advice and How a Lawyer Can Help

When dealing with complex child support issues, it is recommended that you contact an experienced family law attorney who can provide assistance with your specific case.

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