Child Support FAQ

Child support is a court-ordered payment made by one parent (typically the non-custodial parent) to the other parent to help cover the costs of raising a child. The payment is intended to ensure the child's basic needs are met, including food, shelter, clothing, education, and healthcare.

Typically, the non-custodial parent (the parent with less physical custody time) pays child support to the custodial parent. However, in shared custody arrangements, the higher-earning parent may pay support to the lower-earning parent regardless of custody labels.

In most states, child support continues until the child turns 18, or 19 if still in high school. Some states extend support through college or for children with special needs who cannot support themselves. Emancipation through marriage or military service can also end support early.

Child support is intended to cover the child's basic needs including housing, food, clothing, education, and healthcare. It may also cover childcare costs, extracurricular activities, and other expenses depending on the state and the specific court order.

In most states, child support cannot be waived entirely because it is considered the right of the child, not the parents. Parents may agree to a different amount, but the court must approve it and ensure the child's best interests are served.

Most states use the Income Shares Model, which estimates the amount parents would spend on their children if they lived together, then divides that amount proportionally based on each parent's income. Some states use a simpler percentage-of-income model where the non-custodial parent pays a fixed percentage of their income.

States typically consider all sources of income including wages, salaries, tips, commissions, bonuses, self-employment income, rental income, investment income, Social Security benefits, veterans' benefits, and unemployment benefits. Some states also consider potential earning capacity.

Generally, the remarriage of either parent does not directly change an existing child support order. The new spouse's income is usually not considered. However, remarriage may affect the parent's tax filing status, which could indirectly influence support calculations in some states.

Most states adjust child support based on the amount of time each parent spends with the child. The more overnights the non-custodial parent has, the lower the support obligation may be. Some states have specific formulas for shared parenting arrangements (typically when each parent has the child 35%+ of the time).

If a court determines that a parent is voluntarily unemployed or underemployed to avoid paying child support, the court may 'impute' income — assigning an income level based on the parent's earning capacity, education, work history, and local job market conditions.

The majority of states (about 40) use the Income Shares Model, including Florida, California, New York, Illinois, Ohio, Pennsylvania, Georgia, North Carolina, and Michigan. Texas is the largest state that uses the Percentage of Income model instead.

Yes, child support calculations vary significantly by state. Each state has its own guidelines, formulas, income definitions, and special rules. Two families with identical financial situations could receive different support amounts depending on which state has jurisdiction.

Generally, the state where the child currently lives (the 'home state') has jurisdiction over child support. Under the Uniform Interstate Family Support Act (UIFSA), only one state can have an active child support order at a time.

There is no single 'highest' state because support depends on income levels and individual circumstances. However, states with higher costs of living tend to produce higher support amounts. States like California, New York, and Massachusetts often result in higher obligations for high-income earners.

Moving to another state will not automatically change your child support order. The original state's order remains in effect until modified. To change the governing state, you would need to meet specific legal requirements under UIFSA.

Consequences for non-payment include wage garnishment, tax refund interception, driver's license suspension, passport denial, credit bureau reporting, property liens, and contempt of court (which can result in jail time). Interest typically accrues on unpaid amounts.

To modify child support, you must file a modification request with the court that issued the original order. You need to demonstrate a significant change in circumstances, such as job loss, income change, or changes in custody. Many states require a 15-20% change in the support amount.

Generally no. Child support is paid to the custodial parent (or the state disbursement unit) to be used for the child's benefit. Once the child reaches the age of majority, some states allow support to be paid directly to the child for educational expenses.

No. For federal tax purposes, child support is not tax-deductible for the paying parent and is not considered taxable income for the receiving parent. This is different from alimony/spousal support, which has different tax treatment depending on when the agreement was established.

While you are not required to have a lawyer, family law can be complex and varies by state. For simple, uncontested cases, you may be able to use your state's child support agency. For contested cases, high-income situations, or modifications, consulting a family law attorney is strongly recommended.