Child Support Conflicts

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Child support in the United States is determined by a formula that is incorporated into legislation in each state. The formula is based on the relative income of the parties. This means that there is little discretion in determining child support, but sometimes this is an issue that the parties cannot agree upon.

The amount of child support is related to the custody issue. If one party has sole physical custody, then often the other party pays child support to the party that has sole physical custody. If physical custody is shared, the amount that one party pays to the other for child support is reduced.

Conflicts over the amount of child to be paid from one party to the other can often be resolved quickly with the help of a mediator because the rules for the payment of child support are clear.

Also note that the amount of child support to be paid from one party to the other is required by the state. You cannot waive your child’s right to child support. Thus, the one issue that is reviewed in a binding Marital Separation Agreement is the child support provisions.

If your Agreement tries to waive child support, or if the amount doesn’t satisfy the minimum state requirement, you will be required to amend your Marital Separation Agreement, or your divorce will not be approved.

Resources

Table Summarizing Child Support Guidelines

U.S. Office of Child Support Enforcement (HHS)

U.S. Military and Child Support Calculations

Alimony and Spousal Support Factors in the U.S. from the American Bar Association

Child Support and College Education


Child Support Calculators

State-by-State Child Support Calculators