With divorce rates at an all-time high United States, more and more parents deal with child support payments and orders. The child support system is set up to help children during the event of a divorce, or life change. Navigating the complicated child support system can be overwhelming for most anybody. Going through a rough separation or divorce certainly doesn’t make anything easier. Your decision-making skills can suffer while experience a life change. These factors are why it is important to secure help from an experienced Child Custody Lawyer. A lawyer can help you understand your case and your rights, and help both parties come to a fair and feasible agreement.
Keep reading to learn the truth behind five common Child Support Myths. Remember that child support laws vary by state, and your individual situation should be evaluated by a professional.
Myth #1: Child support arrangements are final.
Truth:
Child Support arrangements are actually modifiable. A few things may qualify you for a modification, including:
- Disability
- Serious illness
- Change in financial circumstances
- Inheritance
- Your child aging out of the system
Custodial parents may also seek additional child support as the child’s needs increase. For example, as the child gets older, they may need tutoring, want to participate in extra-curricular activities, or need extra medical care.
Non-custodial parent may wish to seek a child support modification because they remarried and/or had more children. This modification allows the non-custodial parent to increase support for the subsequent children.
The court may grant a temporary or permanent modification of child support. A temporary modification typically covers a certain one-time need for a lump sum amount. Braces, after school care, and a new car are all examples of a particular need that may or may not be covered by a temporary modification. A permanent modification of child custody may be granted when the child experiences life changes like needing special medical care, or attending a special school.
Myth #2: When your child turns 18, your child support responsibility ends.
Truth:
Many people misunderstand this common myth. Your court order should outline when your child support agreement will end. If you can’t find the information, you can contact the child support agency in your state, or enlist the help of a professional.
In most states (not all), child support continues past age 18 if the child is still living at home and attending high school, or for special situations such as special needs children. However, if the non-custodial parent is behind on child support, in many cases, arrears (or unpaid back child support) continue to be due even if regular child support ends. The United States Department of Justice details what consequences are in place should one fail to pay child support as decided by the courts. You can read more here: https://www.justice.gov/criminal/ceos/citizensguide/citizensguide_child_support.html
Myth #3: Child support is tax deductible.
Truth:
The payer of the child support cannot deduct the money paid from his or her taxes. Child support can interact with other aspects of taxes. For example, a portion of alimony paid for spousal support can be considered child support and become nondeductible for the payer of the alimony.
Myth #4: The federal level makes the rules about child support.
Truth:
There are no official national guidelines in place for child support. Each state’s sanctions determine the handling of child custody affairs. Since child support laws may vary widely by state, it is important to seek experienced help in your child custody case. Laws can vary by state by:
- How payment amounts are determined
- How child support is paid
- Penalties for late payment or delinquencies
- Other factors
Myth #5: Child support directly benefits the child.
Truth:
Child support money is paid directly to the parent who has custody of the child. Properly documenting any child support payments you make is crucial. You should always be able to provide evidence of your payments. If a court suspects misuse of the funds, modifications may be made to the child support agreement.
As stated before, if you are facing child custody and child support issues, it is important to enlist the help of an experienced family law attorney. The family law attorney will know the laws regarding child support and child custody in your state. He or she will help guide you to the best solution for your situation.
Please consult an attorney for advice about your individual situation. This site and its information is not official legal advice, nor is it intended to be. Feel free to get in touch by e-mail, letters or phone calls. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.
