5 Basic Ideas You Should Know About Child Support

Dealing with the question of child support, especially in the context of the sorts of relationship issues that often give rise to such questions, can be a challenge. It's important before you go into a family court session, though, to understand some of the basic concepts that accompany the support system. These are four of the most important ones you'll want to be familiar with.

Support Issues are Separate from Others

While it might feel to you personally like divorce proceedings, child custody questions, visitation concerns, and support are all one and the same, the law sees them as distinct. The question of child support is seen by the government as a fundamentally economic one. So long as an individual is a biological parent, a step-parent, or someone who has stood in loco parentis, the state likely has the right to order that individual to pay support. Other findings, such as custody, are seen as largely different matters, so do not ask the court to rule on those during a support case.

A Lot Happens Outside of a Courtroom

To expedite the process, much of the discussion and negotiation in setting up support occurs in conferences. These are less formal proceedings where parties sit down to discuss the situation and decide how they want to proceed. If there aren't significant disputes of facts, an officer of the family court, usually an attorney, will simply take their findings to a judge and present them. Unless there is a major question of fact or a specific petition from one of the parties, the parties may spend little to no time in front of a judge.

Temporary Orders

A temporary order is issued when there are concerns about the support of a child following the break of a relationship. For example, a temporary order is likely to be issued following a legal separation or during divorce proceedings pending a more permanent ruling.

Formulation of Support

The majority of U.S. states employ a system for calculating child support that's called the income shares model. Underpinning the shares system is the idea a child should receive the same percentage they'd receive if they lived in an intact household where both parents were pooling their incomes. Essentially, child support obligations are prorated between the two parents.

Seven states use a flat income percentage model, and four others employ a varying percentage. Three states use the Melson formula, a more complex version of income shares. Talk with a lawyer about child support if you find yourself in this situation.