6 Big Misconceptions About Child Support
Child support is one of the most misunderstood areas of family law. This blog will highlight and break down six of the most common misconceptions:
Child support is paid by the “less involved” parent - Both parents are obligated to provide support for their child. Child support payments are designed with the goal of sharing that obligation equally between two households by taking into account income, custodial schedule, and certain child-related expenses. Being obligated to pay child support is not a determination that you are less involved or less important in your child’s day-to-day life.
The receiving parent is entitled to child support - Even though child support payments go from one parent to the other, it is important to remember that it is the child, and not the parent, who is entitled to support.
Parents can choose to forego child support - Child support generally cannot be waived, even if both parents agree. In some situations, the court may agree to find that support is “generally charged,” meaning that each parent is responsible for the costs incurred during their custodial time. This is not really a waiver of support, but rather a determination of how the support obligation will be met.
The child support guidelines are just a suggestion - For the vast majority of families, the guidelines will determine how much child support is owed. Assuming that the parties’ combined income doesn’t exceed the guidelines’ upper limits, then in order to get the court to deviate from the guidelines, you must make a strong case that a deviation is warranted and in the child’s best interest.
The amount of child support automatically changes when the parents’ income changes - If there is a change in the parties’ income or other circumstances that warrants a change in child support, then support can likely be modified, but it does not happen automatically. Also, the court will not modify child support going back any further than the date that a petition to modify child support was filed.
The parent who receives child support gets a windfall - When you are the parent who is obligated to pay child support, it can feel like your child’s other parent is getting a free ride because that monthly payment seems like a lot. But keep in mind that the small everyday expenses really add up. At the end of the day, oftentimes it is the primary custodian who ends up spending more.
If you’re curious about how child support might impact your custody matter, call us at 667-200-4677 or schedule an appointment to speak with an experienced attorney and learn more.
