Understanding The Purpose Of Child Support And Knowing When To Adjust It

Law Blog

Child support is a difficult thing. On the one hand, it is what you would have spent caring for your children if you and your spouse were still married. On the other hand, you may have legitimate concerns that your spouse is lazy, money-seeking, and abusing the child support money for other things than providing for the kids. That is fairly normal, since you want to be sure that the kids are getting what they need. If it helps, here is a better explanation of child support, why your state sets the child support limits it does, and how and when you should adjust the amounts.

Child Support: The Bare Minimum

In most states, the child support amounts required to be paid by the non-custodial parent to the custodial parent is the bare minimum assumed by the state for the support of your children. The custodial parent is supposed to add to that amount, doubling the amount provided for the care of the kids. For example, if you live in Wisconsin and share one child, the bare minimum support you are required to pay is 17% of your gross income. That may seem like a lot, but if you pay $500/mo. for your one child, that breaks down to $125/wk. and slightly less than $18/day. Considering that most kids eat almost all of that $18/day, not much is left for clothing, housing, medical, school, etc. That is where your ex's equal share comes in.

Of course, child support may not be awarded if you share custody and physical placement. If your children spend equal time at both houses, then most judges are inclined to say that the expenses are already equal and no one should have to pay more to the other parent. Sometimes, one parent may be out of work for a while and request an increase in child support, but in equal custody/placement cases, it is unusual that more child support be awarded to one parent.

Knowing How and When to Adjust Support

There are definitely times when child support should be adjusted. You are required to report increases in wages/salary so that the child support is adjusted accordingly. This works both ways. If your ex suddenly makes double what he/she did before, the required percentage taken from his/her check would be more. If you lose your job, you should report that as well, since you cannot pay child support while unemployed. If your ex absconds and leaves the children with you, you will need the state's help to force him/her to pay you more because the children are now with you full time. Changes in child placement also affect who gets how much child support.

For more information about child support and how to go about changing it legally, contact a lawyer, such as Lisa Cappolella Attorney at Law, who can work with you.

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25 April 2017

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