The past couple of decades has seen American couples divorce at increasing rates. Today, at least 50% of the marriages in America will end in either separation or divorce. And while the end of a marriage and the loss of companionship can be devastating for the adults involved, children are the true victims of divorce. Children of divorce lose the safety and security of home, usually at a young age.
During a divorce, maintaining a consistent routine that your kids are used to is the best way to establish security and reduce the immense anxiety and separation divorce causes. However, doing this can be difficult if one parent doesn’t keep up with their financial responsibilities. In such cases, the remaining parent will have a lot of trouble maintaining the children’s current lifestyle, be it paying rent, or taking them to their usual school.
Child support is designed to prevent this outcome from happening. It ensures that both parents continue to provide financially for their children, regardless of their relationship. Child support is usually paid by the parent who moves out of the family home while the other parent handles primary childcare duties. It is ongoing, usually paid after every month, and covers everything the child needs to survive post-divorce.
Who Decides the Amount of Child Support to be Paid?
Every parent has a legal and moral duty to ensure that their children have a roof over their heads, are well-fed, and receive a good education. This doesn’t change after the breakdown of a marriage. But who gets to decide how much child support the non-custodial parent should pay when this parent doesn’t have primary custody and does not oversee their day-to-day activities?
In most cases, a judge will determine how much child support the non-custodial parent will pay. Although these funds will go straight to the custodial parent, they actually belong to the children and should only be used to cover their needs. Most states require the non-custodial parent to pay child support until the child graduates high school, while others require the child support payments to continue through university.
What is the Formula for Determining Child Support?
A judge simply cannot pull a number out of the air when deciding the amount of child support the custodial parent should receive. To keep it fair and minimize the financial burden on the paying parent, they use a specific formula. This formula includes;
- Income – The non-custodial parent will have to submit their latest W-2 tax document, pay stubs, and other documentation indicating their income. If they are self-employed, they will have to submit their tax returns and business tax returns to the court for review.
- Dependents – How many dependents does the non-custodial parent have? The court will ask each parent to provide dependency information and use it to determine child support. For instance, if one parent has other children outside of this marriage, the court will consider that when calculating child support.
- Overnight visits -This has to do with which parent spends the most time with the children. If one parent has sole custody and the other has them over for overnight visits, the custodial parent will be entitled to a greater amount of child support. However, if both parents share legal custody of the children, the parent receiving the child support will likely need only a small amount.
- Child-care expenses – This will be the meat of the child support payments, covering the most expensive aspect of having children, child care. The court will use food, shelter, transportation, clothing, and certain educational costs (post-high school in some states) to calculate the amount of child support. This amount will go to the parent with primary custody.
- Health care costs – The non-custodial parent, and in some cases, the custodial parent may be required to contribute to the children’s medical insurance costs.
What Does Child Support Cover?
Child support aims to cover the children’s basic needs like healthy food, clothing, and housing. Basic needs can also include transportation costs for the child to and from school, home, and other activities. Child support can also cover healthcare, child care, school tuition, and fees for extracurricular activities. However, a child support agreement won’t always cover every childcare cost.
That’s why parents must communicate and agree on how each of them will contribute to special expenses like tutoring, summer camp, and buying instruments even after their marriage ends.
Reach Out for Expert Legal Advice
Are you currently stuck in a divorce? If you have children, you’re probably thinking about how you can make this difficult process less stressful for them. Locking down a child support agreement as soon as possible ensures they don’t have any disruptions in their routine. A professional lawyer will help you and your ex decide on the best child support and visitation agreements for your child. Contact us today. We’d love to help!
