Child Support & Divorce

Contested Divorce & Child Support Arrangements

Child support can be one of the most stressful elements of a divorce, especially if the divorce is contested. Often it is very difficult to get the father and mother to agree on a fair child support arrangement. At other times, a court's child support order may cause undue financial pressure on the parent ordered to pay child support.

Establishing a Fair Child Support Agreement

There are three primary steps to establishing a formal child support agreement:

• Establishing paternity (if disputed)
• Obtaining a child support order from a judge
• Receiving payments

At any point in these three steps, the process of establishing child support can be blocked, delayed or contested. When this happens, it often adds stress to an already stressful situation.

In addition to a formal child support agreement supervised by a court, sometimes an agreement can be reached out of court. Such informal child support agreements are growing in popularity, as the collaborative divorce approach to divorce law has come into vogue.

Unfortunately, these informal child support agreements don't usually occur in contested divorce proceedings.

Elements of Formal Child Support Agreements

Formal child support agreements will usually include stipulations on visitation rights and privileges. In the case of a post-dissolution child support hearing, a court will also determine whether any back child support not paid is owed. As you might imagine, a situation such as this is potentially quite explosive, and can cause injury to the relationship that the divorced parents are trying to foster with their children.

Child support payment is not always in the form of cash. Toys, clothing, school supplies – even certain medical expenses – can sometimes be included as forms of child support. Additionally, if, for example, the divorced mother is receiving financial help from another party – be it her current spouse, boyfriend or family – these must also be factored in when setting a fair payment plan.

Factors Affecting Child Support Agreements

There are other factors that can come into play which may make it difficult to determine precisely how much a parent should pay in child support. For instance, a divorced mother receiving welfare payments may not accurately report her income to federal or state authorities. As a result, her ex-husband may be required to pay more in child support to her than he is legally obligated.

Moreover, a good family court judge will take into consideration the effect that current child support payment levels are having on:

• Mom/dad’s labor supply
• Quality of parent-child contact
• Parents’ relationship with one another
• Mom/dad's welfare participation
• Child's emotional/psychological/educational well-being
• Economic hardship
• New family formation/re-marriage

Child Support & Social Factors

Furthermore, there are numerous social factors to take into account when setting child support amounts. In large, metropolitan cities like Jacksonville, there tends to be a higher number of single parents on welfare. Some sociologists have suggested that this socio-economic reality creates a systemic jurisprudential difference in densely-populated urban areas. Therefore, a divorce or family court may need to take into account where the divorced parents and children will live after separation when negotiating a fair child support agreement.

No doubt, child support disputes often cause fear – even panic – in both parents. Common questions that come up during child support hearings are:

• Will my children going to be able to maintain the same standard of living after the divorce?
• What if my spouse remarries?
• Will remarriage change the amount of child support I currently get?
• And what if he/she remarries someone with kids? How will this affect his/her level of support for me?
• Will our child/children be left out?

Additional Child Support Information:

• Omni Law, FAQ About Child Support, Columbia University
• Child Support and Employment
• "The Needs of Children," Library of Congress Book Review