Question 1

How much child support will I pay or receive?

Accepted Answer

Child support typically ranges from 17-35% of the non-custodial parent's income, depending on number of children and state guidelines. Most states use income shares or percentage of obligor models. TWO MAIN CALCULATION MODELS: 1. INCOME SHARES MODEL (40 states): • Estimates what parents would spend if together • Divides obligation based on income proportion • Considers both parents' incomes • States: CA, NY, FL, PA, OH, IL, and 34 others 2. PERCENTAGE OF OBLIGOR MODEL (8 states): • Flat percentage of non-custodial parent's income • Does NOT consider custodial parent's income • Simpler calculation • States: TX, WI, AR, MS, ND, NV, AK, DC TEXAS (Percentage Model): • 1 child: 20% of net income • 2 children: 25% • 3 children: 30% • 4 children: 35% • 5+ children: 40% • Cap: Based on net resources Example: $5,000/month net income, 2 kids • Support: $5,000 × 25% = $1,250/month CALIFORNIA (Income Shares): • Complex formula based on combined income • Typically 20-40% of combined income • Allocated based on income percentage • Includes timesharing adjustment Example: Combined $10,000/month • Guideline for 2 kids: ~$2,800/month total • Parent A (70% income): Pays ~$1,960/month • Parent B (30% income): Covers ~$840 via custody NEW YORK (Income Shares): • 1 child: 17% of combined income (up to $163,000) • 2 children: 25% • 3 children: 29% • 4 children: 31% • 5+ children: 35% • Above cap: Discretionary FLORIDA (Income Shares): • Uses guideline schedule based on combined income • Example: $6,000 combined, 2 kids = $1,495/month • Splits proportionally by income ADD-ONS TO BASIC SUPPORT: • Health insurance premiums • Childcare/daycare costs • Unreimbursed medical expenses • Educational expenses • Extracurricular activities (sometimes) FACTORS AFFECTING AMOUNT: • Number of children • Each parent's gross income • Parenting time (overnights) • Healthcare costs • Childcare costs • Other children supported • Special needs of child Use our Child Support Calculator for your state!

Question 2

Do I still pay child support with 50/50 custody?

Accepted Answer

Usually yes, but less. Even with equal parenting time, the higher-earning parent typically pays some child support if there's income disparity. WHY SUPPORT WITH EQUAL TIME: Child support is about: • Equalizing children's standard of living between homes • NOT payment for time spent • Based on income difference, not custody time GENERAL RULE: • 50/50 custody reduces child support • Does NOT automatically eliminate it • Higher earner still usually pays HOW STATES HANDLE 50/50: California: • Timesharing credit built into formula • 50/50 custody significantly reduces support • But rarely eliminates if income disparity Texas: • Modified percentage if 50/50 • May reduce by 50% or more • Or offset entirely if equal income Florida: • Adjustment for substantial timesharing • 20%+ timesharing = reduced support • 50/50 = significant reduction EXAMPLES: Scenario 1: Equal income, equal time • Parent A: $80K/year, 50% custody • Parent B: $80K/year, 50% custody • Child support: $0 • Each pays for child when with them Scenario 2: Unequal income, equal time • Parent A: $150K/year, 50% custody • Parent B: $50K/year, 50% custody • Without 50/50: ~$2,000/month • With 50/50: ~$600-1,000/month • Reduction of 50-70% Scenario 3: Large income gap • Parent A: $300K/year, 50% custody • Parent B: $40K/year, 50% custody • Support still owed: ~$2,500-3,500/month • Child should have similar lifestyle at both homes EXPENSES STILL SPLIT: • School tuition • Health insurance • Medical copays • Extracurriculars • Usually split 50/50 or by income percentage WHAT COUNTS AS 50/50: • 182+ overnights per year (out of 365) • Exactly equal or close (45/55 may qualify) • Must be court-ordered or agreed DEVIATION FROM GUIDELINES: • Some judges deviate for true 50/50 • Must show each parent pays equal share • Must show child's needs are met HOW TO MINIMIZE WITH 50/50: • Get as close to 182 overnights as possible • Document all expenses you pay • Show you provide equal support • Request deviation hearing COMMON MISCONCEPTION: ❌ "50/50 custody = no child support" ✅ "50/50 custody = reduced child support if income equal" ✅ "Support continues if income disparity"

Question 3

Can child support be modified?

Accepted Answer

Yes, child support can be modified when there's a substantial change in circumstances, such as income changes, custody changes, or changes in child's needs. GROUNDS FOR MODIFICATION: Income Changes: • Payer's job loss or pay cut (15%+ change) • Payer's income increase • Recipient's income substantial change • Involuntary and permanent change Custody Changes: • Increased parenting time • Change from sole to joint custody • Child moves to other parent full-time Child's Needs Changed: • Medical condition develops • Special education needs • Childcare costs increase/decrease • Health insurance costs change Other Reasons: • Child reaches age 18 or graduates • One child emancipates (if multiple) • Child becomes financially independent • Remarriage (usually doesn't affect support) WHAT QUALIFIES AS "SUBSTANTIAL": • Most states: 10-20% income change • Or: Change in custody of 10%+ time • Or: Significant change in expenses MODIFICATION PROCESS: 1. File Motion to Modify • In court that issued original order • Explain changed circumstances • Provide updated income info 2. Serve Other Parent • Must give proper notice • They can agree or contest 3. Exchange Financial Info • Updated income/expense statements • Tax returns • Pay stubs • Proof of change 4. Hearing (if contested) • Present evidence • Judge decides new amount TIMING: • File immediately when change occurs • Modification effective from filing date, NOT retroactive • Don't wait (arrears accumulate) AUTOMATIC REVIEWS: • Some states review every 3 years • Can request review even without change • Free review in some states UPWARD MODIFICATIONS: • Custodial parent can request increase • If payer's income increased • If child's needs increased DOWNWARD MODIFICATIONS: • Payer can request decrease • If income dropped involuntarily • If custody time increased EXAMPLES: Example 1: Job Loss • Original: Paying $1,500/month based on $90K income • Change: Laid off, new job at $50K • New support: ~$900/month • File immediately! Example 2: Increased Custody • Original: Paying $2,000/month, 4 overnights/month • Change: Now have 50/50 (15 days/month) • New support: ~$800/month • 60% reduction Example 3: Child Turns 18 • Original: Paying $2,500/month for 3 kids • Change: Oldest graduates high school at 18 • New support: $1,667/month for 2 kids • 33% reduction INVALID REASONS: • "I quit my job" (voluntary) • "I want to make less money" • "My ex remarried" (doesn't affect child support) • "I have a new girlfriend/baby" (usually doesn't reduce) IMPUTED INCOME: • Court can assign income even if you earn less • If you voluntarily underemploy • Based on education, work history, job market COST TO MODIFY: • DIY: $200-500 (filing fees) • With lawyer: $1,500-5,000 • May be worth it if significant change PROTECTION: • Continue paying current amount until modified • Don't reduce on your own • Get everything in writing • Document changed circumstances thoroughly

Question 4

What happens if child support isn't paid?

Accepted Answer

Consequences include wage garnishment, driver's license suspension, jail time, tax refund intercepts, and passport denial. Arrears accumulate with interest and never go away. ENFORCEMENT MECHANISMS: 1. Income Withholding (Most Common): • Automatic payroll deduction • Employer must comply • Up to 50-65% of wages can be garnished • Takes priority over most other garnishments 2. Tax Refund Intercept: • Federal tax refunds seized • State tax refunds seized • Applied to arrears • Automatic if $500+ past due 3. License Suspension: • Driver's license • Professional licenses (lawyer, doctor, etc.) • Recreational licenses (hunting, fishing) • Cannot be renewed until paid 4. Passport Denial/Revocation: • If $2,500+ in arrears • Cannot get new passport • Existing passport revoked • Cannot leave country 5. Contempt of Court: • Criminal charges for willful non-payment • Fines • Jail time (30 days to 6 months) • Must "purge" contempt by paying 6. Property Liens: • Lien on real estate • Lien on vehicles • Cannot sell without paying arrears 7. Bank Account Levy: • Court orders bank to freeze account • Funds seized to pay support 8. Credit Reporting: • Arrears reported to credit bureaus • Damages credit score • Affects loan applications 9. Lottery/Gambling Winnings: • Casino winnings intercepted • Lottery prizes seized INTEREST ON ARREARS: • Varies by state: 4-12% per year • Compounds over time • Never goes away • Not dischargeable in bankruptcy JAIL TIME: • Not debtors' prison • Contempt of court for willful refusal • Must prove ability to pay but refused • Typical: 30-180 days • Can be repeated for continued non-payment ARREARS CALCULATION: Example: • Monthly support: $1,200 • Missed: 24 months • Principal: $28,800 • Interest (10%): $5,760 • Total owed: $34,560 • Plus attorney fees: $3,000 • Grand total: $37,560 CANNOT BE DISCHARGED: • Bankruptcy does NOT eliminate child support • Arrears survive bankruptcy • Must be paid in full STATUTE OF LIMITATIONS: • Most states: No statute of limitations • Arrears never expire • Can collect even after child turns 18 • Can pursue for decades DEATH OF PAYER: • Arrears become debt of estate • Must be paid before inheritance distributed • Future support typically ends • Life insurance often required DEFENSES TO NON-PAYMENT: Valid Defenses: • Involuntary unemployment • Disability • Incarceration • Hospitalization Invalid Defenses: • "I can't afford it" • "She doesn't need it" • "I don't see my kids" • "She won't let me see the kids" • "She spends it on herself" NOTE: Custody/visitation and child support are SEPARATE • Can't withhold support because denied visitation • Can't deny visitation for non-payment IF YOU'RE BEHIND: Immediate Steps: 1. File for modification if circumstances changed 2. Start making payments (even partial) 3. Set up payment plan 4. Communicate with other parent 5. Get legal help Payment Plan: • Contact child support enforcement • Agree to extra amount toward arrears • Example: $1,200 current + $300 arrears = $1,500/month Lump Sum Settlement: • Offer lump sum for less than owed • Example: Owe $30K, offer $20K • Other parent may accept • Get agreement in writing WAGE GARNISHMENT LIMITS: • 50% of disposable income if supporting other children • 60% if not supporting others • 65% if more than 12 weeks in arrears EXAMPLE SCENARIO: John owes $40,000 in child support arrears Consequences: • Wage garnishment: 50% of paycheck • Tax refund: $8,000 seized • Driver's license: Suspended • Passport: Denied • Credit score: Dropped 150 points • Faces contempt charges If John takes action: • Files modification (income dropped) • New support: $800/month (down from $1,200) • Payment plan: $800 current + $400 arrears • Avoids jail • License reinstated after 3 on-time payments • Arrears paid off in 8 years

Question 5

When does child support end?

Accepted Answer

Child support typically ends when the child turns 18 and graduates high school, but can extend to age 19-21 in some states or for disabled children indefinitely. STANDARD TERMINATION: Age of Emancipation (varies by state): • Most states: Age 18 AND high school graduation • Some states: Age 19 (Alabama, Nebraska) • Some states: Age 21 (New York, Mississippi) • Whichever comes LAST Example: • Child turns 18 in junior year • Support continues until graduation • Even if that's at age 19 HIGH SCHOOL GRADUATION: • Must be making reasonable progress • If child held back multiple years, may terminate at 19 • Homeschool counts as graduation • GED may count (varies by state) EXTENDED SUPPORT SITUATIONS: 1. College Support: • NOT required in most states • A few states mandate (NJ, MA, HI, IL, IA, OR, UT, WA) • Usually requires:   - Child enrolled full-time   - Making academic progress   - Under age 21-23   - Parent can afford it College Support States: • New Jersey: Until age 23 if in college • Massachusetts: Until age 23 • Illinois: Until age 23 (if in college) • Washington: Until age 23 2. Disabled Child: • Support can continue indefinitely • If child cannot support themselves • Must have disability before age 18 • Court reviews periodically 3. Special Needs: • Similar to disabled child • May require lifetime support MULTIPLE CHILDREN: Support Reduces as Each Child Emancipates: Example: 3 children, $2,400/month total • Child 1 turns 18: Reduce to $1,600 (2 kids) • Child 2 turns 18: Reduce to $800 (1 kid) • Child 3 turns 18: Support ends AUTOMATIC TERMINATION: • Child joins military • Child gets married • Child becomes self-supporting • Child is legally emancipated by court • Child dies DEATH OF PAYER: • Support generally ends • Unless decree requires life insurance • Arrears become debt of estate DEATH OF RECIPIENT (Custodial Parent): • Support continues • Paid to new custodian • Or to child directly if old enough HOW TO TERMINATE: Automatic Termination States: • Support ends automatically at 18/graduation • No court filing needed Court Order Required States: • Must file motion to terminate • Provide proof of emancipation • Get court order CONTINUE PAYING UNTIL OFFICIALLY TERMINATED: • Don't stop on your own • Can create arrears • Get termination order STATE-BY-STATE EXAMPLES: California: • Age 18 AND high school graduation (whichever is later) • Maximum age 19 • No college support required New York: • Age 21 (even if not in college) • Can be extended for college Texas: • Age 18 AND high school graduation • Or age 19 if still enrolled • No college support Illinois: • Age 18 AND high school graduation • Or age 19 • College support until age 23 Florida: • Age 18 AND high school graduation • Or age 19 • No college support required COLLEGE EXPENSE SHARING: In states that require: • Split college costs proportionally by income • Usually covers:   - Tuition   - Room & board   - Books   - Reasonable expenses • Does NOT cover:   - Study abroad extras   - Car   - Luxury expenses ARREARS AFTER EMANCIPATION: • Arrears DO NOT end at emancipation • Must still pay past-due amounts • Interest continues accruing • Can be collected for decades EXAMPLE TIMELINE: Child born: January 2005 • Child turns 18: January 2023 • Still in high school: Support continues • Graduates high school: June 2023 • Support ends: June 2023 • Total support: 18 years, 5 months If child goes to college in Illinois: • Support continues • Until graduation or age 23 • Whichever comes first • Could be 23 years total

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State	Model	1 Child	2 Children	3 Children
Texas	Percentage of Obligor	20%	25%	30%
California	Income Shares	~25%	~40%	~50%
New York	Income Shares	17%	25%	29%
Florida	Income Shares	~17.5%	~27.5%	~33%