What Does Child Support Cover?

A divorce legally ends a marriage. It doesn’t absolve a parent of their responsibilities. After a divorce, most couples create a co-parenting plan to minimize disruption to the children.

The best approach to that goal is to establish a fair child support arrangement.

Child support is intended to cover a child’s basic needs. Once the court issues an order for child support, it must be honored. When the parent who is ordered to pay falls behind or skips payments, the court and an experienced divorce attorney need to address it.

There might be a need for modifications, but those also have to be approved by the court.

Whether you’re beginning the process of setting up child support or you’re dealing with issues about orders not being followed, it will help to have a strong understanding of how the court views child support.

What Are the Basic Needs Covered by Child Support

Family courts always put the child’s interests first. Regarding child support, there should be no disruption in the care. Those care categories include the following:

Basic Necessities

The basic necessities for the kids are the same as your basic necessities: food, shelter, clothing, and personal care. Within the shelter category, there would be a proportionate share of rent or mortgage, property taxes, and utility bills.

Healthcare & Medical Costs

Child support usually includes contributions toward your child’s health care. That includes paying for a child’s portion of any insurance premiums. Additionally, out-of-pocket expenses such as co-pays, prescription medications, and emergency room visits would also be covered by child support.

Education & Schooling

Along with minimizing disruption to their home life, it is important to maintain the children’s school schedule. Child support would cover textbooks, notebooks, calculators, and basic school fees. It should also include extracurricular activity fees, including athletic gear.

Childcare & Transportation

Depending on the child’s age, there may be a need for daycare, after-school programs, or babysitters. Also, the costs for transportation directly related to your child, like gas and routine auto maintenance, for getting the child to school or their after-school activities.

How Courts Determine Child Support Amounts

Paying child support should not be considered “punitive.” These would be the same expenses paid to maintain a standard of living similar to what would be paid if the parents were still together.

Each state has its own guidelines that the family courts use to determine child support.

These are the core options the courts can apply:

Income Shares Model: With this model, the courts will estimate the total cost of raising a child as if the parents were still living together. They will take into account all of those basic needs that have already been established. That amount is divided between the parents and is allocated proportionally to their individual incomes.

Percentage of Income Model: This alternative model takes a flat percentage of the non-custodial parent’s income. That will be adjusted depending on how many children are being supported.

In order to establish a final monthly obligation, the court requires both parents to submit detailed financial affidavits. Those affidavits will include the following details:

Gross Income

This includes wages, bonuses, commissions, overtime, self-employment earnings, disability or unemployment benefits, and any revenue from investments or rental properties.

Net Disposable Income

In addition to gross income, courts calculate what is available after mandatory deductions. Those deductions can include state and federal taxes, health insurance premiums, union dues, and retirement contributions.

Parenting Time

Once all income details are presented, they will be weighed against the amount of time each parent spends caring for the children. If one parent has primary custody, that means they are spending their share of the final support directly on the child, while the other parent pays support to fill in the gaps.

Additional Needs

There can also be mutually agreed-upon “add-ons.” For instance, if the child attends private school, those tuition payments would be part of the support. There might also be expenses for a tutor or summer camp.

What Happens When Child Support Isn’t Paid

Every aspect of an approved divorce is court-ordered, including child support. There should be communication between the parents to cover any minor delays.

For instance, if the support is due on a Wednesday but the parent who is paying it does not get their pay until Friday, they might call up their ex and tell them when they can expect the payment. You don’t need to go to court for that.

However, if the payments are consistently late and no notice is given, it can become an issue for the courts. You should never be put in a position where you’re forced to chase down your child support. If your ex thinks the amount is unfair, they can petition the court for a modification.

Because child support orders are legally enforceable, you have options to pursue the support of your children. You and your attorney can petition the court for “relief.”

Depending on the applicable local laws, the court can issue the following:

• Wage garnishment
• Interception of tax refunds
• Suspension of driver’s or professional licenses
• Liens against property
• Reporting delinquent payments to credit agencies

In extreme cases, the court can also issue fines or jail time. If you are owed child support or are facing allegations of nonpayment, it is important that you understand your rights and take a proactive approach to seeking a remedy.

That should not include direct confrontation or withholding court-ordered visitation.

At Davis & Associates, our experienced family law attorneys understand the stress and uncertainty that unpaid child support can cause. Whether you need assistance enforcing an existing order or seeking payment of arrears, our team is prepared to advocate for your interests and your child’s well-being.