Child Support FAQ

Parents have a legal responsibility to provide financial support for their children. When parents divorce, separate, or no longer live together, they are still responsible for taking care of their kids. One parent becomes the custodial parent, and the other is the noncustodial parent. The noncustodial parent is generally responsible for making financial payments to the other parent to provide for the child’s needs.

Parents have a lot of questions about child support that can be difficult to answer. Here are frequently asked questions (FAQs) about common child support issues. For the best legal advice about child support for your situation, consult a child support attorney in your state.

How Do Courts Calculate Child Support?

Each state has its own system for calculating child support. State laws use different child support guidelines to determine how much a noncustodial parent has to pay in monthly support. Generally, support is based on the needs of the child and the income of the parents. Other child support amount factors include:

• Amount of parenting time
• Number of children
• Other support obligations
• Health insurance
• Special education
• Childcare costs

Many states have online child support calculators to estimate child support obligations. Calculators estimate support based on the parent’s income and other expenses. These calculators provide a general estimate. The family law court will consider your unique financial circumstances and the child’s individual needs to determine the amount of child support.

What Can I Do if the Other Parent Isn’t Making Support Payments?

The parent with a child support order must continue to make full support payments as long as the order is in effect. If the other parent isn’t making payments, you can take child support enforcement action. Contact your state child support office for help. They can locate the other parent and enforce child support orders. Some of the ways they can get money for child support include:

• Wage withholding or garnishment
• Intercept federal or state tax refunds
• Intercept lottery winnings
• Levy their bank account
• Put a lien on their property
• Driver’s license suspension
• Passport denial

Even if the other parent lives in another state, your state can enforce child support orders out-of-state. Employers must honor valid income withholding orders issued from another state’s family court.

Are Childcare Costs Included in Child Support Cases?

Parents are generally required to share the cost of childcare. The childcare needs of the family may change over time. Both parents contribute to the costs of child care after a change in circumstances. If the noncustodial parent does not want to pay increasing childcare costs, the custodial parent may need to modify the child support orders.

Can You Modify an Existing Child Support Order?

You can modify an existing child support obligation by petitioning the court. Family courts can modify support agreements after a period of time or if there has been a substantial change in circumstances. A change in circumstances can include:

• Loss of a job or extended unemployment
• Change in the financial circumstances of either parent
• Special educational needs of the child
• Increased medical support costs for the child

However, the court can closely review the situation when one parent wants to reduce child support because of reduced income. If the court suspects you are intentionally failing to find employment, the court may base support on your earning potential.

Child support modifications are not retroactive. Modifications only affect your current child support obligations. Parents must still pay the full amount of past-due child support.

If I Lose My Job, Do I Still Have to Pay Child Support?

If an existing court order requires you to pay child support, you must make those payments. Before you can reduce your child support payments, you have to modify the child support orders with the court. Even if you lose your job, the court may still require some minimum payment. State child support agencies can deduct payments from:

• Unemployment benefits
• Public assistance
• Workers’ compensation benefits
• Social Security benefits

Does Filing for Bankruptcy Affect Your Child Support Obligation?

Bankruptcy does not discharge child support debt. Bankruptcy generally does not apply to child support, spousal support, or other nondischargeable debts. After filing for bankruptcy, child support obligations are still in place until the court approves a modification.

What Are the Tax Consequences of Child Support?

Child support payments are not tax-deductible for the paying parent. Child support payments are not considered income for the receiving parent. Child support is tax-neutral for federal income tax purposes.

Parents can still take child care credits and claim a child as a dependent. However, both parents cannot claim credits and deductions for the same child. They can alternate who can claim the child, but some credits are only available for the custodial parent.

Do Stepparents Have an Obligation to Support Children from a Previous Marriage?

Stepparents are generally not legally responsible for supporting their spouse’s children. However, if the stepparent adopts their spouse’s child, they become the legal parent. If the couple later gets a divorce, the adoptive stepparent will be financially responsible for the child as if it were their biological child.

Do All Biological Parents Owe Child Support Even if They Didn’t Want the Child?

Yes. A biological father is responsible for child support. The biological parent remains responsible unless someone else has adopted the child or they terminate their parental rights. The biological father is legally and financially responsible for the child. If the father disputes that they are the biological parent, the court may order a paternity test to establish the biological father.

Can a Custodial Parent Sue For Back Child Support After Raising the Child Alone?

In some states, parents may collect child support arrears even after the children have grown up. A parent obligated to pay child support cannot claim that the child is too old or that the other parent should have tried to collect sooner. However, some child support claims are still subject to the statute of limitations.

Can You Sue for Delinquent Child Support Funds in Small Claims Court?

Unlike what you may see on reality TV court shows, small claims courts do not have jurisdiction over family law matters. If you are seeking to enforce child support orders, you can use your state’s child support services agency. You may also be able to contact the family court to get a judgment against the delinquent parent.

Is Child Support Suspended During Summer Vacations With the Noncustodial Parent?

Unless the court order specifies, child support obligations are continuing monthly payments. Generally, payment obligations do not change depending on how much time the child spends with each parent for that month. However, if parenting time changes significantly after the court calculates child support, either parent can petition the court to modify the order.

When Can I Stop Paying Child Support?

In most cases, child support obligations continue until the child reaches the age of majority. The age of majority depends on the state. Most states terminate child support when the child reaches the age of between 18 and 21. In some states, there is a duty to provide college support if the child qualifies as attending school up to a certain age. Child support obligations may also end if the child gets married, enters active-duty military service, or is emancipated through the courts.

How Can a Child Support Attorney Help?

A private attorney with experience in child support cases can answer any other questions you have about support obligations. Your attorney can review your situation and explain your legal options. If you cannot locate the other parent, your attorney can help track them down with their Social Security number, tax returns, or credit reporting information. 

If you are having trouble getting payments, your attorney can take them to court. For additional information, contact a local child support lawyer.