Last Updated: January 10, 2023
When couples with children divorce, the one parent is usually granted some visitation rights (parenting time) or custody but must pay the other parent some amount of child support. A family court judge makes a decision based on the welfare of the children but also considers the rights of the mother and father when determining visitation and parenting time. Child support is calculated slightly differently by each state and many times is based on the amount of parenting time each parent has with the kids. Parents asking for “help with my child support” need look no further than a local divorce attorney to have the questions they have answered. Only an experienced child support attorney, as found on this site (get a free consultation here!), can provide you with the information you need fast!
Help With My Child Support (how does it work?)
Child support across the 50-states differs slightly from state to state. Most states now follow some type of calculation that takes into account the umber of overnights or amount of parenting time each parent has with the children. Knowing how each state calculates support is the first step to getting help with my child support. The main “Child Support Models” that are used are the following:
- Income Shares Model:
- This is the most common and is used in over 40-states right now.
- Percentage of Income Model:
- The percentage varies depending on the state, but it is only used, now, in 6-states.
- The Melson Formula:
- Extremely complicated, but similar to the Income Shares Model. Used in only 3-states.
Help With My Child Support: Income Shares Model
The income shares model (used in over 40-states) essentially works like this: both parents’ income is put into 1-bucket and that total amount is what is used to determine how much money is needed (according to the state’s formula) to raise a child or children. Then, the amount of parenting time each parent has gets factored in (in some states, this means ‘overnights’ only). From that, the parent that has less overnights pays support to the other parents. The court does NOT factor I or care if the support amount makes it difficult for the paying parent topay his/her own bills – that is the paying parents problem. However, even in situations where parenting time might be equal (50/50), one parent might still pay some amount of child support to the other parent, although the formula takes this into account and it is usually relatively small.
Help With My Child Support: Percentage of Income
Many states have abandoned this formula in recent years, and it looks like more will abandon it further in the coming years. The percentage of income formula essentially takes a percentage of the non-custodial parent’s income and that parent pays that percentage of their income to the other parent. The non-custodial parent would be the parent that has less parenting time than the other parent. This formula does NOT take into account whether the non-custodial parent can pay his/her bills after paying support.
Help With My Child Support: Melson Formula
The Melson Formula is similar to the Income Shares Model, but it takes into account how much money a paying parent needs to support himself or herself. This formula is only used in Delaware, Hawaii, and Montana.
Basics of Child Support
Parents who are granted primary custody are often eligible to receive child support payments from the other parent. This support covers costs for basic needs, medical care, childcare, educational expenses, transportation and travel, entertainment, and extracurricular activities. But there is no obligation on the receiving parent to prove what the child support was used for – there is no forced accounting of the paid funds. Once an agreement or order is put in place, a parent may be able to raise or lower child support due to situations like changes in income.
A child support lawyer can make the child support implementation and adjustment processes much easier on the parents. This legal professional will explain child support rights to the client and answer questions regarding which situations qualify for child support modifications. Attorneys can also help a custodial parent recoup back child support that has not been paid by the other parent. They can even advise when departing from child support guidelines is recommended.
Child Support is Complicated Get a Lawyer!
Issues regarding child support can be complicated for both parents. An attorney with experience in this area of the law can make things easier to understand by explaining the rules, regulations, and steps involved with enforcing or complying with child support orders and making or receiving child support payments. An attorney will also ensure that child support rights are adhered to, safeguarding the rights of children to benefits and education in a public institution. Hire an attorney. Be one of the happy people that exclaims, “I got help wit my child support” and move forward the right way.
Attorneys assess child support cases and file documents, clarify terms of child support orders, calculate anticipated child support payments, and collect and enforce these payments. They enter relevant negotiations on behalf of their clients and protect interests of clients during court proceedings. The cost of hiring an attorney is often worth it because it saves the client time and effort and streamlines the child support process.
If you are a divorcing parent, (or unmarried parent), consulting with a child support lawyer for a free consultation is easy. Stop asking “how can I get help with my child support” and get the help and advice you need. Your financial future depends on you getting child support handled the right way.