Understanding What Child Support Is

Child support is the obligatory monthly payment that the noncustodial parent is required to pay in order to provide for their child.

The parent who is awarded sole legal or physical custody (the custodial parent) meets their support obligation through the custody itself since the parent will be presumably providing financial support and care for the child while the child is physically with them. When parents are awarded joint custody, their financial support obligations are based on each individual’s earnings as well as the amount of time the child spends with each parent.

In accordance with the federal Child Support Enforcement Act, each state has developed its own guidelines to calculate the amount of child support to be paid in any particular case. There is a variety of factors that determine the amount of monetary support to be paid, including each parents’ respective incomes and expenses, the number of children involved, the needs of the child, the needs of the custodial parent to support the child, and ability to pay and the child’s standard of living before the divorce or separation.

The purpose of child support is to protect the child from the economic impact of a divorce or separation, and to continue the standard of living that they are used to. It is payment to be used for, but not limited to basic necessities like food, shelter and clothing. Other expenses that child support can be used for include education, extra-curricular activity fees, entertainment, medical coverage, transportation and travel and college expenses. Often times the noncustodial parent will argue that such expenses are frivolous and not needed, however the payments are meant to help cover the overall maintenance of the child which include costs that reach beyond the bare minimum. The custodial parent is never permitted to use child support payments for their own personal reasons that do not involve the care of the child.

If you are facing an issue regarding child support payments, speak with an experienced child support attorney in San Diego who can ensure that the law is treating you fairly.