Child Support
A Child Advocacy Company
Bringing Support to Parents
Building Strength to Children
Bringing Support to Parents
Building Strength to Children
FREQUENTLY ASKED CHILD SUPPORT QUESTIONS
1. How is Child Support Calculated?
The amount the obligor parent will pay for the support of his or her children is arrived at by used of
a statutory formula(each state has their own), which considers the number of children to be
supported as well as the adjusted income of each parent after taking certain allowable deductions.
2. What is the minimum amount of child support that the Court would order?
Where the obligor parent’s gross income is less that what the Child Support Guidelines allows as a
“self-support reserve” the obligor parent is found not to be voluntarily unemployed or
underemployed, the child support payable will be each state’s minimum requirement per month.
3. Is there any way to pay an amount different than what the Child Support Guidelines calls for?
The Child support statute sets forth certain situations in which the Court may deviate from the
amount of Child Support Guidelines calls for. Some of these deviations may include (see your local
state for specific listings):
• Ongoing extraordinary medical, dental or educational expenses for your children.
• Significantly high or low income of a party
• The presence of stepparents or stepchildren
• Extraordinary travel expenses for visitation
• Economic consequences to either party of the disposition of the marital home made for the benefit
of the child
• Optimizing both parties after-tax income by taking into account federal tax consequences of an
order of support
• State tax obligations
• Split or shared custody
• Other special circumstances.
4. Once a child support order is entered, can it later be changed?
The child support statute allows for review of the amount of child support being paid once every
three years (in NH, check your local state guidelines) Child support may be reviewed at any time
based upon a “substantial change of circumstances.
Basic Child Support Facts to Remember
Divorce will never end the legal obligation for support. Each parent, although the bond of marriage has been
broken, still retains a legal responsibility to provide adequate support until the child reaches the age of
emancipation. The legal duties of support are based upon the needs of the child in conjunction with the
abilities of the parents as dictated by income and assets owned.
The courts generally focus on income after taxes, and support is rarely the sole responsibility of the non-
custodial parent, because it is understood that the premiere job of the custodial parent is to provide a
sufficient household.
Child Support is a combined effort to obtain a fair distribution of financial responsibility, so the child may live
in a manner similar to that which existed before the divorce. There are many different variables to be taken
into consideration, and it must be remembered that all situations are unique.
The one common denominator all parents should have is the desire to provide for "the best interests of the
child." As in a custody battle, the court will have the final say in all matters. Thus, again, an out of court
agreement is often the best measure to guard against the unexpected. The court makes the final decision,
thus assumes full responsibility in order to permanently safeguard the child against acute or chronic feelings
of guilt.
And this too:
Child Support Decisions?
Child support, like many other elements in divorce, does not have to be decided by the court. Pretrial
agreement is not uncommon, and is often the arrangment that is awarded by the court. Otherwise typically
the court will refer to state guidlines to determine the amount of support.
It is each parent's responsibility to explain any and all circumstantiating unique situations to the respective
attorneys. If this does not take place the needs of the child are not reached, and the child becomes a victim.
It is the job of the parents, with the help of their attorneys, to iron out a reasonable agreement. An agreement
reached prior to trial is almost always a more successful one, because it is the parents who best understand
the specific needs and capabilities of the family members.
When negotiating child support issues with your attorney and/or opposing party, keep in mind these factors
that the judicial system takes into consideration:
The quality of lifestyle the child would have most likely experienced had the divorce not taken place.
The financial resources of each parent and that of the child's.
The age and health of each parent.
The income and earning capabilities of each parent.
The willingness both parents demonstrate to allow visitation.
The impact on each parent maintaining two households.
The child's educational needs, higher education not withstanding.
The age and health of the child.
The possibility of the child obtaining employment.
The tax liabilities of each parent.
The desire on the part of each parent to have sole or joint custody.
The employment stability and potential of each parent.
You may want to add a separate title called Child Support Modification and include this:
Child Support Modification
Child support may be modified at any time in which there has been a drastic change in circumstances.
In order to have a modification take place the party moving for modification must file an order with the court,
showing evidence of the change in circumstances. Typically, the evidence must be completely new to the
court. Any issues addressed previously in the child support arrangements are not means for modification.
Here are some of the factors generally considered for modification:
The parent's income and earning capacities.
The assets that are available for support.
The employee benefits of each parent.
The income of a new spouse or cohabitant.
The new family responsibilities of each spouse.
The increase in the cost of living.
The change in cost of rearing the child.
The heath conditions of parents and child.
The modification of custody arrangement.
You may also want to add: Child Support Enforcement and include this:
Child Support Enforcment
Child support payment is the one thing that is most often ignored post-divorce. Analysis of support has
proven that the level of income does not influence the delinquency of payment. The resulting conclusion has
shown that child support has become a power tool for the non-custodial parent. Quite often, this support
delinquency is applied out of revenge or punishment directed to the custodial parent.
The custodial parent and his or her attorney should take precautionary measures to protect against the
possibility of delinquency:
"Friend of the Court"
This organization is a publicly supported collection system which maintains vigilance over parents who are
responsible for child support payments.
(The custodial parent never needs to file a complaint of payment delinquency. The payment check is sent to
the "Friend of the Court" first, and immediately distributed to the custodial parent. This has proven to be the
most effective form of deterrence, as the court always has an accurate and up-to-date record of the entire
support process.)
Automatic Wage Deduction
Under this method the non-custodial parent has the legally declared monthly support payment deducted from
his or her paycheck and the amount is immediately sent to the custodial parent.
(Typically, the parent will never miss what he/she actually never had, and the temptation to spend the money
or refuse to make payment is eliminated. This has proven to be very effective for parents who have re-
married or are cohabitating with someone new, because new spouses, boyfriends, or girlfriends have been
known to disrupt the payment process for selfish purposes.)
Wage Withholding System
If one or more support payments have been missed or are overdue this system will withhold the non-custodial
parent's wages or other income.
(The supporter is notified of this action, and can not be relieved of the penalty unless a formal written
agreement stating an alternate arrangement exists or a reasonable explanation of delinquency is delivered.)
Bonds and Other Securities or Assets
Most states provide enforcement procedures that protect against delinquent payments by having the non-
custodial parent post a bond or asset to secure payment when overdue.
1. How is Child Support Calculated?
The amount the obligor parent will pay for the support of his or her children is arrived at by used of
a statutory formula(each state has their own), which considers the number of children to be
supported as well as the adjusted income of each parent after taking certain allowable deductions.
2. What is the minimum amount of child support that the Court would order?
Where the obligor parent’s gross income is less that what the Child Support Guidelines allows as a
“self-support reserve” the obligor parent is found not to be voluntarily unemployed or
underemployed, the child support payable will be each state’s minimum requirement per month.
3. Is there any way to pay an amount different than what the Child Support Guidelines calls for?
The Child support statute sets forth certain situations in which the Court may deviate from the
amount of Child Support Guidelines calls for. Some of these deviations may include (see your local
state for specific listings):
• Ongoing extraordinary medical, dental or educational expenses for your children.
• Significantly high or low income of a party
• The presence of stepparents or stepchildren
• Extraordinary travel expenses for visitation
• Economic consequences to either party of the disposition of the marital home made for the benefit
of the child
• Optimizing both parties after-tax income by taking into account federal tax consequences of an
order of support
• State tax obligations
• Split or shared custody
• Other special circumstances.
4. Once a child support order is entered, can it later be changed?
The child support statute allows for review of the amount of child support being paid once every
three years (in NH, check your local state guidelines) Child support may be reviewed at any time
based upon a “substantial change of circumstances.
Basic Child Support Facts to Remember
Divorce will never end the legal obligation for support. Each parent, although the bond of marriage has been
broken, still retains a legal responsibility to provide adequate support until the child reaches the age of
emancipation. The legal duties of support are based upon the needs of the child in conjunction with the
abilities of the parents as dictated by income and assets owned.
The courts generally focus on income after taxes, and support is rarely the sole responsibility of the non-
custodial parent, because it is understood that the premiere job of the custodial parent is to provide a
sufficient household.
Child Support is a combined effort to obtain a fair distribution of financial responsibility, so the child may live
in a manner similar to that which existed before the divorce. There are many different variables to be taken
into consideration, and it must be remembered that all situations are unique.
The one common denominator all parents should have is the desire to provide for "the best interests of the
child." As in a custody battle, the court will have the final say in all matters. Thus, again, an out of court
agreement is often the best measure to guard against the unexpected. The court makes the final decision,
thus assumes full responsibility in order to permanently safeguard the child against acute or chronic feelings
of guilt.
And this too:
Child Support Decisions?
Child support, like many other elements in divorce, does not have to be decided by the court. Pretrial
agreement is not uncommon, and is often the arrangment that is awarded by the court. Otherwise typically
the court will refer to state guidlines to determine the amount of support.
It is each parent's responsibility to explain any and all circumstantiating unique situations to the respective
attorneys. If this does not take place the needs of the child are not reached, and the child becomes a victim.
It is the job of the parents, with the help of their attorneys, to iron out a reasonable agreement. An agreement
reached prior to trial is almost always a more successful one, because it is the parents who best understand
the specific needs and capabilities of the family members.
When negotiating child support issues with your attorney and/or opposing party, keep in mind these factors
that the judicial system takes into consideration:
The quality of lifestyle the child would have most likely experienced had the divorce not taken place.
The financial resources of each parent and that of the child's.
The age and health of each parent.
The income and earning capabilities of each parent.
The willingness both parents demonstrate to allow visitation.
The impact on each parent maintaining two households.
The child's educational needs, higher education not withstanding.
The age and health of the child.
The possibility of the child obtaining employment.
The tax liabilities of each parent.
The desire on the part of each parent to have sole or joint custody.
The employment stability and potential of each parent.
You may want to add a separate title called Child Support Modification and include this:
Child Support Modification
Child support may be modified at any time in which there has been a drastic change in circumstances.
In order to have a modification take place the party moving for modification must file an order with the court,
showing evidence of the change in circumstances. Typically, the evidence must be completely new to the
court. Any issues addressed previously in the child support arrangements are not means for modification.
Here are some of the factors generally considered for modification:
The parent's income and earning capacities.
The assets that are available for support.
The employee benefits of each parent.
The income of a new spouse or cohabitant.
The new family responsibilities of each spouse.
The increase in the cost of living.
The change in cost of rearing the child.
The heath conditions of parents and child.
The modification of custody arrangement.
You may also want to add: Child Support Enforcement and include this:
Child Support Enforcment
Child support payment is the one thing that is most often ignored post-divorce. Analysis of support has
proven that the level of income does not influence the delinquency of payment. The resulting conclusion has
shown that child support has become a power tool for the non-custodial parent. Quite often, this support
delinquency is applied out of revenge or punishment directed to the custodial parent.
The custodial parent and his or her attorney should take precautionary measures to protect against the
possibility of delinquency:
"Friend of the Court"
This organization is a publicly supported collection system which maintains vigilance over parents who are
responsible for child support payments.
(The custodial parent never needs to file a complaint of payment delinquency. The payment check is sent to
the "Friend of the Court" first, and immediately distributed to the custodial parent. This has proven to be the
most effective form of deterrence, as the court always has an accurate and up-to-date record of the entire
support process.)
Automatic Wage Deduction
Under this method the non-custodial parent has the legally declared monthly support payment deducted from
his or her paycheck and the amount is immediately sent to the custodial parent.
(Typically, the parent will never miss what he/she actually never had, and the temptation to spend the money
or refuse to make payment is eliminated. This has proven to be very effective for parents who have re-
married or are cohabitating with someone new, because new spouses, boyfriends, or girlfriends have been
known to disrupt the payment process for selfish purposes.)
Wage Withholding System
If one or more support payments have been missed or are overdue this system will withhold the non-custodial
parent's wages or other income.
(The supporter is notified of this action, and can not be relieved of the penalty unless a formal written
agreement stating an alternate arrangement exists or a reasonable explanation of delinquency is delivered.)
Bonds and Other Securities or Assets
Most states provide enforcement procedures that protect against delinquent payments by having the non-
custodial parent post a bond or asset to secure payment when overdue.
Disclaimer: BS Kids LLC legal research and information has been prepared for educational and informational purposes only. This material is not legal advice or
legal opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between
BS Kids LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional
counsel. The opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry
Court, Hudson, NH 03051 781-756-1214.
legal opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between
BS Kids LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional
counsel. The opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry
Court, Hudson, NH 03051 781-756-1214.
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