Establishing and Calculating Child Support FAQ

Questions:

• How do custody arrangements affect child support obligations?
• How do courts calculate child support?
• Will the court consider high living expenses such as loan payments and income taxes when determining one's ability to pay child support?
• Can the court base its child support order on what I am able to earn, as opposed to what I'm actually earning?
• I think our existing child support order is unfair. How can I change it?
• What is a cost of living adjustment (COLA) clause?

Answer:

How do custody arrangements affect child support obligations?

When one parent is awarded sole legal or physical custody in a divorce, the other parent typically is required to fulfill his or her child support obligation by making payments to the custodial parent. (The custodial parent meets this support obligation through the custody itself.) When parents are awarded joint physical custody in a divorce, their support obligations are based on how much money each parent earns and the percentage of time the child spends with each parent.