Five Things You Should Know About Child Support

Child support is the payment awarded by the court to a custodial parent from a non-custodial parent to cover the costs of raising and caring for a child. In any divorce where child custody comes up as an issue, it will almost always follow. If you are in a divorce proceeding and you are concerned about this subject, you should keep these five things in mind:

1. Child support is dependent on each parent’s income and debts
   • The exact amount of money that is awarded by the court is not set in stone, and can vary depending on each parent’s financial circumstances. This means that court-mandated obligations are adjusted depending on each parent’s personal income, their current debt, and the needs of the child. It also means that any awards can be modified if one or both parents experience significant changes to their finances.
2. You may pay child support even with a shared custody agreement
   • When talking about this subject, the terms “custodial parent” and “non-custodial parent” are used to differentiate between who has custody of a child. However, it is not only awarded in cases where one parent has sole custody. In cases where one parent has custody for the majority of the time, but not sole custody, they may still receive an award as the “custodial” parent.
3. The decision to award child support may be affected by other divorce issues
   • Child support is intended to cover the costs incurred by a custodial parent from raising and caring for a child. Thus, the choice to award payments may be affected by other awards that a judge might grant, such as spousal support (also known as spousal maintenance or alimony). It could also affect, or be affected by, choices about how to divide marital property in accordance with equitable distribution.
4. Child support orders can be enforced across state lines
   • It is not uncommon for one or both parents to move after, or even during, a divorce. Often, such a move will result in a parent moving to another state. If this happens, though, do not expect to be able to escape any court-mandated obligations. By law, every state must respect the judicial rulings of any other state, which includes child support orders.
5. Child support cannot be discharged in bankruptcy
   • For non-custodial parents who find themselves deeply in debt, bankruptcy can be a potential option for relieving them of their financial distress. Unfortunately, though, certain types of debt cannot be discharged through bankruptcy, and that includes child support. However, someone going through bankruptcy who is struggling to pay their obligations may be able to seek a modification of the court order due to their economic circumstances.

If you have questions regarding child support or other aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702.