7 Important Things You Should Understand About Child Support

Child support is a polarizing topic for most parents, but if you and your partner are going their separate ways, you should understand what happens next. For example, most mothers become the custodial parent, while the father is non-custodial and often pays child support to the mother.

What Everyone Should Know About How Child Support Works

The complexities of child support can make the topic confusing for either parent. But if you have the right information, you can support your child without any legal or financial repercussions.

1. How Long Support Lasts Depends on the Child’s Age and Needs

As a rule, the law requires a person to pay child support until the child is no longer a minor or if the child is still in high school (or college) and/or has special needs. You won’t have to pay child support if your child is on active duty in the military or if your parental rights are terminated.

2. You'll Probably Owe Child Support Even if You Have Joint Custody

At a child custody hearing, the judge will choose a custody arrangement. The most common arrangements include sole custody, joint custody, and physical custody. With sole custody or physical custody, one parent is awarded exclusive rights surrounding the child’s well-being. 

With joint custody, both parents are given custody, and the child will move back and forth between both homes. Even in these cases, you may owe child support, but to a lesser extent. The courts usually determine if you have to pay child support based on other key factors.

3. Child Support Calculations Differ Based on State and Other Factors

While each state has its own laws for calculating child support payments, what you pay (and payment frequency) is consistent across states. Most parents will pay monthly and have their payments calculated based on your custody agreement, income, and the other parent’s income.

4. Child Support Laws May Affect You if You’re Unmarried or a Step-Parent

The obligation to support your child isn’t determined based on marital status. Non-married couples still have a responsibility to bond with their children and support them financially. State laws will determine your parentage based on a paternity test of your declaration of parentage.  

Step-parents don’t usually pay child support after a separation, but they may be financially liable if they legally adopt the child (by terminating parental rights to the biological parent). If the parent receives public assistance, child support payments go directly to the state or are split.

5. You Can Modify Child Support Payments if Your Situation Changes

Child support payments are usually not reduced if the parent quits a full-time job and returns to school. However, if the child has a new/different need, either parent changes their job, or the parent’s income changes after remarriage, the courts may adjust your support payments.

6. There are Significant Consequences for Withholding or Nonpayment

Some parents may withhold payments if the other parent doesn’t honor visitation or custody orders. If this happens (or your circumstances change), do not stop paying the other parent. You still have an obligation to support your child. Take your ex to court if there’s a disagreement. 

Regardless of why you wish to pay less (or refuse to pay altogether), doing so could hurt your credibility in court if there is a problem. If you fail to meet the child support obligations, your wages could be garnished, your property could be seized, and you may spend time in jail.

7. Some Costs Are Shared Equally Between Both Legal Parents

Certain costs may not be a part of your child support payments, but you will be expected to pay them regardless. These costs include but aren’t limited to the after-tax cost of after-school care, daycare, summer camp, extracurricular activities, medical costs, and health care costs.