Divorce-101: Child Support Math

    What about child support? How is that determined? As a parent, a primary post-divorce goal is to ensure that you’re able to financially care for your children. That’s where child support comes in. 

This payment is usually made by the noncustodial parent to the custodial parent, i.e., the parent with whom the children spend most their time, and is typically determined as part of the divorce. It is based on the principle that both parents are responsible for the care of their children even after a marriage is dissolved.  

And while the custodial parent meets many of the financial needs of the child, support payments from the ex-spouse are designed to ensure that such expenses are not an undue burden. Even if the custodial parent earns more than the noncustodial parent, child support payments are required.  

Child support payments remain legally binding, even in cases where the parent making the child support payments is limited when it comes to decisions on the rearing of the child.   

Obtaining child support In divorce cases, child support payments generally are mandated by the court as part of the divorce settlement. However, there are different routes to get to that order.   

A parent can hire an attorney to oversee child support issues. Or the parent can opt instead to directly file applications in the local courthouses. The application is required so that the child support matter can be heard by the court.  Applications vary from state to state, but all typically contain information about the custodial and noncustodial parents, including names, Social Security numbers and dates of birth. And in all cases, filing and court fees are involved, but in cases where financial hardship can be shown, these might be waived.   

Before the court will hear the support case, the parent from whom payment is sought must be physically located. If the parent is attempting to avoid his or her financial obligations to the child, once that parent is located he or she will be served with a court summons. After that, the noncustodial parent then must attend a mandatory court hearing to determine whether he or she is responsible for child support payments.   

After support responsibility is confirmed, the court will order the noncustodial parent to make timely child support payments.