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Contents How is child support determined? The amount of child support that one party must pay to another is based upon a complicated statutory formula. Most attorneys use computerized programs to calculate the appropriate child support amount, which is based upon the following three factors:
Payroll deductions, "add-on" expenses such as child care and medical costs, and each party's income tax filing status can also significantly affect the final child support figure. Child support is not deductible to the person paying the child support, and is not taxable to the person receiving the child support. (This is the opposite of the way in which spousal support is generally taxed.) When can I go to court to change the child support amount? Child support awards are always modifiable by the court, even after a divorce has been completed. In most cases, a party will seek a modification of child support when his or her income has significantly decreased since the last support hearing, or the other parent's income has significantly increased. A significant change in custody or visitation time might also warrant a modification of child support. However, the change in circumstances must generally be significant in order for a modification proceeding to be cost effective. A lawyer can help advise you if a modification proceeding would make sense in your case. How can I found out how much my former spouse is earning? If you are considering going to court to modify child support, it is often useful to first find out how much your former spouse is earning. The law provides that a child support recipient is entitled to annually request tax returns, pay stubs, and an "Income and Expense Declaration" from a child support obligor, even if there is no legal matter pending. This is a useful way of determining whether it is worthwhile to seek a child support modification against your former spouse. What if my spouse fails to pay child support to me? If your spouse is not paying the court-ordered child support amount, it is important to keep good records of the amounts paid, the dates of payment, and the amounts owed. It is also a good idea to keep bank statements and cancelled checks reflecting all amounts paid by your spouse. This will make it easier to determine and prove the amount of the support arrearage. Any past-due child support bears interest at the rate of 10% per year. Also, if your spouse's failure to pay support is unjustified, it is possible to penalize that spouse that spouse 6% per month (up to a total of 72%) for the total amount of the outstanding arrearage. You are also entitled to ask the court to order your spouse to pay for your attorney fees in enforcing a support arrearage. It is frequently possible to obtain an "earnings assignment order" requiring your spouse's employer to pay child support directly to you. It may also be possible to attach or levy the other parent's bank or investment accounts to collect on a past-due child support award. Additionally, a child support arrearage may be recorded on the title of the parent's real estate so that the arrearage must be paid when the property is sold or refinanced. A family law attorney can discuss the various enforcement options available to you. |
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