Child Support

In the most basic sense, child support is intended to provide necessities for children. It is not intended to compensate or punish either spouse in the course of dissolving a marriage. Basic necessities include food, shelter, clothing and education.

Today, the most hotly contested legal issue is almost always the amount of support due, with paternity rendered a simple matter of science with advent of DNA testing. The basis for continued support lies in the unquestioned tradition of holding parents jointly responsible for the support and protection of the children produced by their marriage.

Child Support Guidelines

Almost all states enacted child support guidelines as an integral part of family law codes. As guidelines, the amounts normally required may be altered, up or down, according to the special needs and circumstances of the parties involved. Most often, amounts due are calculated as a percentage of income. The spouse who receives custody of children receives payments, monthly, from the non-custodial spouse.

Child Support Modification

Ultimately the court determines the amount of payments due after balancing interests and abilities of the parties. The amount is included within the final orders issued by the court, and in the event of non-payment, this final order will support a motion for contempt and possible incarceration. If income substantially increases, or decreases, a motion for modification of child support may be filed. In practice, if payment is at risk for default, a motion to modify may prevent unnecessary sanctions.

See Also: Child Support - Divorce Advice, Child Support - Effects of Divorce on Children, Child Support - Divorce Information, Child Support - Custody Information