What Is Child Support Used For?

Child support payments provide for the daily needs of raising a child. Child support orders can change as the child gets older and has higher education and health care costs. The custodial parent has a lot of control over spending support money as long as they are providing for their child’s needs. If either parent wants to change the support amount, they have to petition the court.

Child support laws can change depending on state law. For the most accurate information about child support where you live, contact a local child support lawyer for legal advice.

Understanding the Purpose of Child Support

When parents have a child, they are legally and financially responsible for their child. Their child support obligations continue even if the parents divorce or separate. Court-ordered child support makes sure both parents financially support their child. Generally, the noncustodial parent makes monthly support payments to the custodial parent.

Child support covers the child’s basic needs and costs for the individual child. Child support laws generally require financial support until the child reaches adulthood or graduates high school. The amount of child support is based on state guidelines. There are many factors to calculate the child support amount, including:

• Parent’s income
• Number of children
• Child custody arrangement and parenting time
• Healthcare costs
• Extraordinary costs for the child
• Spousal support obligation
• Standard of living

The family law court can deviate from the guidelines based on the best interests of the child. The court can also periodically review the child support calculations and order additional payments.

Common Expenses Covered by Child Support

Common expenses covered by child support include the regular living expenses any parent has to pay to take care of their child. This includes basic necessities like food, housing, and clothing. In addition to basic needs, child support includes:

• Health insurance and health care expenses
• Medical expenses
• Childcare expenses
• Transportation
• Educational expenses and school supplies

Extraordinary Child Support Expenses

Beyond the common childcare costs, child support orders also include the individual needs of your child. If there are special healthcare or educational needs of the child, the court can increase the amount of support beyond the standard child support guidelines. Examples of extraordinary expenses for child support include:

• Special education and tutoring
• Specialized medical care
• Mental health counseling
• Travel expenses for visiting a parent in another state
• Extracurricular activities or athletics
• Private school education

How the Custodial Parent Spends Support Money

Generally, the paying parent does not have much input on how the custodial parent spends support money. The parent paying child support may complain the parent is wasting money or spending money on themselves. However, the custodial parent has a lot of discretion in how they spend support money.

If the custodial parent is neglecting the child, the other parent can petition the court. However, you should have evidence of failure to provide for the child’s well-being before taking the case to court. Talk to a family law attorney about your concerns about child support spending.

Parental Responsibilities for Child Support

The noncustodial parent generally pays support to the other parent. Once the court issues a child support order, the supporting parent has to make those payments until the orders change. It is not a defense if you think the other parent is interfering with your visitation or wasting child support.

Child support and visitation are separate issues for the family court. The custodial parent cannot stop visitation even if the other parent isn’t paying support. The paying parent cannot cut off child support if the other parent won’t let them see their child. To enforce child support or child custody orders, you have to go through the courts or talk to your family lawyer.

There are penalties for failure to pay support. Unpaid child support does not go away. The custodial parent can go to child support services to get back child support. Enforcement actions include:

• Wage garnishment
• Interception of income tax returns
• Lien on property
• Levies on a bank account

Managing Child Support Funds

As the parent receiving child support, you also have a responsibility to take care of your child and provide for their needs. If the costs of raising your child go up, you may need to go to court to modify the child support orders. You can petition for an increase in the amount of child support if their health insurance costs go up or your income is lower than expected.

Child Support for College Expenses

In some states, parents have to continue paying child support while the child is in college full time. Most states don’t require support past high school but may extend support for higher education or vocational programs.

Parents can also address college expenses in their separation agreement. A divorce agreement can provide that parents will share the costs of tuition and college expenses if their child attends college. This is generally up to the parents to negotiate. The court can enforce college expense provisions in a valid separation agreement.

Legal Help for Child Support Changes

Family courts make child support decisions based on the best interests of the child. If you want to modify support orders, the court will review the factors based on what is best for the child. If you have problems with the way child support is used or think the payments aren’t fair, talk to a child support lawyer. An experienced child support attorney can review your case and explain your legal options.