Among the many considerations involved during divorce is the question of how much child support will be paid each month by the non-custodial parent. There are legal guidelines in each state that will determine how much the non-custodial parent can expect to pay to the custodial parent. The custodial parent is responsible for the day to day aspects of taking care of the child. The amount of child support determined to be paid by the family law court is based on the incomes of the parents, needs of the children and living expenses involved. Child support will usually be determined as a percentage of the non-custodial parent’s income. The payment will increase based on the amount of children that need to be supported. There are special instances where more child support will need to be paid after a thorough review by the family law judge of all assets involved.
Being that the determination of the amount of child support to be paid is based on income, it is necessary for the parties to figure out what can be considered income under the law and what income is excluded.
Of course, many parents decide to refuse to pay child support. Consequences for not paying include:
- Wage Garnishment – The non payee’s employer is ordered to garnish income in order to pay back child support. The money comes directly out of your paycheck.
- License Revocation – The non payee’s license may be revoked.
- Credit Reports – States have the option to report missed payments to consumer reporting agencies.
The laws are in place to determine an appropriate amount of income to be paid based on the income of both parties. It is essential to retain the services of a family law attorney to make sure that you are not paying more than you can or afford and end up getting behind on payments. Likewise, the custodial parent will want to make sure they have enough to take care of the children.