How is the amount of child support determined?Child support laws vary from state to state. However, most states have formulas based on the income of the parents as well as cost of living to decide how much child support one parent must pay to another. A non-custodial parent that must pay child support will usually have to pay an amount around 20% of their income for the support of one child. If there are more children that must be supported, that percentage will be larger.
How can the amount of the child support payment be decreased?
A court must order a decrease in the amount of the payment for a change to be acceptable. Obviously, if both parents agree that a decrease would be acceptable, then the court will be less reluctant to deny a decrease. However, if the parent taking care of the child disagrees with the decrease, the judge will make a decision on whether or not to approve. The parent requesting the decrease must convince the court that there has been a substantial change in their financial circumstances that prevents them from paying the required child support.
How are child support payments made?
Child support payments may be made to the custodial parent through cash, check, or direct deposit. Child support, in certain situations, can also be paid through wage garnishment that is ordered by the court. The money taken out of the parent's wage is then sent to the custodial parent by the state or a local child support registry.
Can you go to jail for not paying child support?
The answer is usually yes. Child support laws vary from state to state. However, most states allow someone to be arrested and incarcerated for up to 6 months for not paying child support. There may also be fines for each instance that someone required to pay child support does not do so.
Do you have to pay child support while in jail?
Yes. The obligation to pay child support is not suspended because someone is incarcerated. However, being incarcerated is a substantial change in circumstances that will often lead to a court reducing the amount of the child support payments, if the incarcerated parent asks for a reduction. The rationale behind this is that a person's earning capacity is extremely limited while he or she is in jail or prison.
Can you refuse to pay child support if the custodial parent denies you visitation rights?
No. Visitation rights and child support are two separate issues. Being refused access to your child by the custodial parent is not a legitimate reason to stop paying child support. The child support must continue to be paid, regardless of what situation exists concerning visitation.
What are the consequences of not paying child support?
Child support laws vary from state to state. However, most states allow a court to revoke a driver's license, deny state loans or grants, refer the person to a private collection agency, deny occupational licenses, add interest to past due child support, or even place the person in jail. These are some of the possible ramifications for not paying child support.
Can the court determine child support issues if a parent does not appear in court?
Yes. The court can and will order child support without the parent being present. Therefore, it is always in a parent's best interest to appear in court to avoid such a scenario.
What happens if you lose your job and are unable to pay the child support amount?
A court may approve a decrease in the amount of child support if there has been a substantial change in circumstances. Losing a job may constitute just such a change. However, the parent that has lost the job must notify the court and ask for the reduction. The parent asking for the decrease must obtain an order from the judge that reduces the amount of the payments either temporarily or permanently.
Do you lose visitation rights if you do not pay child support?
No. Child support and visitation are two separate issues. A person's visitation rights are not dependent on their paying child support.
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