Child Support and Child Custody 101 | What You Need To Know

What Is Child Support?

Child support is when one parent provides financial support to their child, typically after a divorce or separation where one parent makes considerably less income. It can also apply to parents who were never married or never lived together. A parent may be ordered to pay child support even if they have no contact with the child. The parent who is not living with or raising the child is generally ordered to make monthly support payments, even when the parents share joint custody.

Parents can legally surrender parental rights. With the consent of the court and the other parent, a parent may give up all rights, custody, and financial responsibility to the child. To qualify for child support, a child must be the genetic offspring or the adopted child of the parent. A step-parent is not required to pay child support unless they have legally adopted the child.

Taxes, Eligibility, Unpaid Support, and Obligations

The primary intent of child support is to ensure that both parents share financial responsibility for the child. A few key points parents often ask about:

Taxes

The parent who pays child support cannot deduct those payments on their taxes. On the other side, the parent who receives child support is not required to report the payments as income.

Eligibility past age 18

Children over 18 but still in high school may still be eligible for child support. Children with disabilities may continue to receive it long after reaching adulthood.

Unpaid support

A parent may still be obligated to pay unpaid child support even after the child reaches the age limit and separates from the custodial parent. Parents can face incarceration if they have the ability to pay but refuse. That does not apply to a parent who legitimately loses a job and is genuinely unable to pay.

Disclosure and use

A parent receiving child support is not required to disclose how the money is spent. They can use it on anything that directly or indirectly relates to the child.

Moving and modifications

Child support obligations follow a parent to any state they move to, since the states work together on enforcement. Fortunately, payments are not set in stone. They can increase or decrease based on many factors, including a change in either parent’s financial circumstances.

When Does Child Support End?

Child support is meant to give the child the same quality of life they would have had if the parents lived together. Every state uses different formulas and factors to determine how much a parent pays.

A parent can pause payments temporarily by petitioning the court, for example due to a loss of income or an incarceration. Child support ends permanently when the child reaches 18 (21 in some states), or if the child passes away. A parent may also end payments by attaining custody of the child. That decision depends on the court’s judgment of the parent’s moral, financial, physical, and mental fitness, including how stable and healthy the environment is for the child. In some cases, a parent may also stop paying if the child marries or joins the military before reaching the age limit.

What Is Child Custody?

Child custody refers to a parent’s rights and responsibilities toward their child. It covers the right to live with the child, to care for their basic needs, and to make decisions for them. Married parents share full custodial rights, though those rights may be amended and re-established during a divorce. For unmarried parents, the father has no legal rights to his child unless he establishes paternity, even if the parents live together.

In a custody dispute, the best results typically come from setting a firm custody agreement built around the child’s best interest. The child is what the courts care about most, and each parent’s custody rights may depend on their financial, mental, physical, and moral fitness, including how stable their environment is for the child’s upbringing.

Types of Child Custody

How to Get Child Custody

To get the best outcome in a custody case, you need to show the court that you have the child’s best interest in mind and are beneficial to the child’s welfare. Ideally, the court wants both parents to share legal and physical custody, especially when siblings are involved, so they are not separated. The court may weigh which parent will allow the other frequent contact with the child.

Courts do not consider a parent’s gender when granting custodial rights, but they do consider factors tied to the child’s wellbeing. The child’s own preference carries some weight, depending on the child’s age and capacity. The court also measures the amount of conflict between the parents and their ability to cooperate. Each parent’s financial, physical, mental, emotional, and moral standing comes into play, along with how healthy their social environment and lifestyle are for the child’s development.

What Matters Most

Ultimately, many factors go into a custody decision, and they differ between states and courtrooms. The most important thing to keep in mind is what is best for the child. Custody is a complex legal process, and the wrong move can fracture families and set back a child’s development. Call us for a free consultation with one of our lawyers. We will use our 175 years of combined experience and do everything we can to help you and your child build a better future together.

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This article is provided for general information only and is not legal advice, and reading it does not create an attorney-client relationship. Child support and custody laws vary significantly by state, and outcomes depend on the specific facts of each case. Contact Spiegel & Utrera, P.A. or a licensed family law attorney for guidance on your situation.