CHILD SUPPORT

Child support is an obligation of both parents to support their child until the child is 18 years old or has completed high school—whichever comes second. Typically, one parent will pay the other a set amount of money each month to help with living expenses for the child. This support cannot be waived by the parent receiving the money as the money isn’t intended to be used for themselves, but for their child’s well-being.

Discussions around child support begin once the custody agreement has been reached. The visitation schedule is a large driving factor in the amount of money one spouse will pay so it must be determined first. Once a custody agreement is made, the parties then move on to a martial settlement agreement. This agreement determines how the assets will be divided, whether and how much spousal support (also known as maintenance) will be paid each month, and the amount of child support the parties will be responsible for.

Many people believe the dollar amount of child support is negotiable, however, this is not the case. Child support is not calculated based on wrongdoing or perceived faults during the marriage or divorce—it’s not determined by the judge’s evaluation of which party is the best parent. Child support is calculated using a complicated math equation that is created by the legislature.

This complicated equation takes approximately 30 variables into account. While some are obvious, such as the number of overnights and each parent’s income, others, like who pays health insurance, are not.

The first step in determining child support is knowing who will be receiving it. As mentioned above, the visitation schedule is the key factor in this determination. If one parent has over 60 percent of the overnights, the other parent will owe them child support— even if the parent with more visitation has a higher income.

Parents who have less than 40 percent of the overnight visits will pay significantly more child support, even if the difference is only a few days. For example, Parent A and Parent B split visitation evenly. Parent A has a higher income, and the equation determines that they owe $500 a month for each child. If Parent A reduces visitation to 41 percent a month, the child support will likely remain the same. However, if their visitation drops below 40 percent, the amount they are paying will double.

Who has greater visitation is also significant as this parent will likely get the tax benefit from each child. Tax benefits might seem like an insignificant consideration, but they can have a large effect on the parent’s net income—and net income, not gross income, is what child support is based on. Therefore, as state and government taxes reduce each parent’s gross income, the tax filing status of each parent is considered in the child support equation.

Spousal support payments can also affect the amount of child support. Although they are calculated separately, maintenance is considered income for the parent receiving it and reduces the paying parent’s income by the same amount, which will reduce the income gap between each parent and affect the child support calculation.

For example, if one parent makes a net income of $3,000 a month, but their spousal support is $4,000 a month, their income would be $7,000 a month. If their spouse makes $13,000 a month and pays $4,000 in maintenance and spousal support, their income would be $9,000 a month. The gap between their monthly income is now $2,000 rather than $10,000 for purposes of calculating child support.

In situations where the higher-earning parent has over 60 percent visitation, child support payments may offset the amount of spousal support they owe their spouse. Consider this example: Parent A has 65 percent of the parenting time, meaning Parent B has to pay child support, which has been determined at $1,000 each month. However, Parent B makes significantly less money than Parent A. Thus, Parent A owes $3,000 in spousal support each month. Rather than exchanging checks, the child support is deducted from the spousal support, meaning Parent A now pays $2,000 in spousal support, rather than the full $3,000 per month.

While the concept of child support is straightforward, the statutory equation is complex. Therefore, uninformed decision-making can easily and negatively impact your outcome. Contacting a qualified attorney will increase the chances of securing the best results for your children and yourself.

Michone J. Riewer is an attorney with Strategic Divorce in Lake Bluff, 847-234-4445, strategicdivorce.com.