Divorce and Custody: Frequently Asked Questions
Chapter 6: Child Support and Child Care

<- Chapter 5: Custody & Parenting Time Chapter 7: Property Division ->

How are the child support and child care amounts determined?: The court uses state guidelines to determine the amounts. Most attorneys and courts now use a computer program to make this calculation. Several factors are entered, including the incomes of both parties, tax exemptions, and other sources of income. The court can only vary from this formula if it determines that the application of the formula would be unjust or inappropriate and supports this conclusion with specific findings of fact. Many people feel that the guidelines are not fair. However, the courts almost always follow the guidelines right to the penny.
Can I file for just child support and not a divorce?: Yes. The state will file this action for you if you are receiving state aid.
We were never married, can I receive child support?: Yes. A valid marriage is not a requirement for the court to order child support payment of child care.
How long does support have to be paid?: Support is usually ordered until the child turns 18 years of age, or until the child is 19 ½ if the child is a full-time high school student with a reasonable expectation of graduating and lives with the payee of the support or in an institution.
Can I deny parenting time to my spouse if they fail to pay their support?: No. One wrong does not make another right. Many courts view this conduct in the same light as not paying support. If you are not receiving your support, do NOT commit this act of mis-conduct. The proper way to deal with this is to file a motion with the court for contempt or enforcement of the order. Let the judge decide what steps will be taken to enforce the order.
Is child support tax deductible?: No. It is not income to the payee either. Only spousal support is taxable and tax deductible.
Can I discharge my child support and child care obligation in bankruptcy?: No. There are several exceptions to the bankruptcy code. This is the main one.
Can I change the support amount if my ex receives a raise?: Yes. This will require a new court order. This is a relatively easy and routine procedure for an attorney.
How often can I ask the court to adjust the support amount?: There is no legal limit. However, if you ask when there is no significant change in circumstances or valid basis for the motion, the court will most likely issue sanctions against you.
Can I force my ex to pay for the children's college education?: Generally no.

<- Chapter 5: Custody & Parenting Time Chapter 7: Property Division ->

Divorce and Custody: Frequently Asked Questions Chapter 6: Child Support and Child Care

Divorce and Custody: Frequently Asked Questions
Chapter 6: Child Support and Child Care