Definition Child Support - court-ordered payments the non-custodial parent pays to the custodial parent to meet the needs of the child.
Application in Divorce Child support is not payment that the noncustodial parent (usually the father) pays the custodial parent (usually the mother) for the privilege of visiting the children; it is an obligation, and the failure to pay it is contempt of court. In the aftermath of a particularly destructive divorce, child support and visitation sometimes become weapons, but each is independent of the other.

The obligation to pay support continues until the child is emancipated, as defined by state law, or by the parties in the marital settlement agreement.

These payments are not tax deductible to the payor, nor taxable to the payee.

In calculating child support, the court may consider child support or alimony either parent receives or pays in conjunction with previous marriages and whether either parent now lives with a new partner or spouse who contributes to household expenses. Other factors include which parent is paying health insurance and its cost, day care and its cost, union dues and amount, and the ages of the children.

There are two methods for calculating child support. Each state uses one of these three methods or a derivation there of. These methods are described as:

The Income Shares Model: child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the state child support worksheet and the estimated incomes are typically substantiated by past pay stubs or W-2s.

Percent of Income Model: this method utilizes the percentage of income formula which determines the amount of child support as a percentage of the income of the parent obligated to pay the child support. This percentage is determined by factoring the number of children requiring support. This is the most basic or primitive method for calculating support. Many people believe that it does not take into consideration many important details, which makes this model of support calculation the least exact.

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Questions & Answers
Can we spell out our child support agreement within our separation agreement?
Parents are free to enter into contracts establishing their child support obligations and arrangements. The judge will review your child support agreement (or clause within your separation agreement), to make sure that it is in compliance with state law, specifically, your state’s child support guidelines. Your lawyer can assist you in creating a child support agreement that will be acceptable.
What guarantee do I have that I will receive timely child support payments?
Child support and parenting agreements are more likely to be
maintained, without enforcement, when mutually decided. If the parties are in agreement, they are most likely willing to work together to see that the payments are made on time, and if needed, modified. An order of the court is never a guarantee, but is always an incentive to the payee to cooperate to avoid the consequences and punishment the court delivers if he or she becomes delinquent.
When a parent dies, does the estate owe child support to the surviving parent?
In Pennsylvania the law has been clear: the estate of a deceased parent has no obligation to pay child support but for an agreement. A post-mortem child support obligation was viewed as an impermissible interference with the deceased parent’s testamentary wishes.

In March 2009, however, the Superior Court considered a case in which a parent agreed to pay child support as part of a marital settlement agreement. Perhaps surprisingly, the Superior Court held that the child support provisions of the marital settlement agreement were binding upon the estate, since the agreement did not explicitly terminate the obligation upon the parent’s death.

Helpful Tips & Facts
  1. Remember the Children
    Child support cannot be waived. A child has a legal right to support, and no parent can give this away. Parents may agree that no child support will be paid from one to the other, but the court will have final say as to whether this would be appropriate. In order for the court to award zero child support, typically the custodial arrangement must be joint or shared and the income levels of the parents must be close to equal.
  2. Modification Of Child Support
    It should be noted that once child support has been awarded, the amount can always be modified if certain conditions change. The conditions and rules will vary by state but all states permit modification.
  3. Child Support Protection through Life Insurance
    Whatever alimony or child support award you receive, make sure to secure it through life insurance on your ex-spouse. Especially if those monthly awards are a primary source of income for your household, unexpected loss of the income may be financially devastating. This coverage must be put in place before the divorce is final, otherwise the insurance company will likely not allow you to apply as the owner. This is an important area to address in the divorce negotiations, as who will pay for it, how long the coverage must be kept, and how much coverage is needed may all have to be negotiated. If your spouse is uninsurable and there is no existing life insurance plan to provide this coverage, alternate arrangements may need to be made.
Additional Resources
SupportGuidelines.com
A look at the support guidelines for each state.
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