During a divorce, the court gives the most priority to the couple’s children. It makes sure that they are financially protected after their parents’ divorce and that their quality of life is not affected. Child support is an essential element in a divorce.
The concept of child support can be complicated to understand, and various people have various questions regarding it. We have picked out the top child support questions that a Sandy divorce attorney receives and brought their answers to you.
Commonly asked questions for child support
Will the court modify my child support order if I lose my job and can no longer pay the same amount?
Yes, modification of a child support order is possible. You will need to file for child support modification in court and produce documented evidence supporting your claims. You need to establish the following.
- Your financial conditions have changed since your divorce.
- The reason why the changes have taken place.
- The changes have already occurred. You cannot file a claim if you think changes will happen in the future.
- The change is permanent or long-term.
- The request is based on “good faith.”
- How is child support calculated?
The law considers both your and your ex’s income to determine an appropriate amount for child support. Other factors considered while deciding on child support are whether your spouse has other obligations and the number of children each parent supports. If you are filing for child support, you may be nervous. However, the law follows an algorithm that produces a fair outcome.
Which expenses are covered by child support?
Child support covers a child’s basic living requirements, such as food, clothing, education, medical treatment, reasonable recreation, and shelter. Luxury items, such as going on trips abroad, are usually not covered by child support. It is important to note that child support was put in place strictly to cover the child’s expenses and not the parent’s.
Will the court increase the child support amount if my ex’s income increases?
Just as you can request a decrease in child support, you can request an increase as well through filing a modification order. If your spouse’s income has increased and you have no income and cannot find work, you can request an increase. However, changes in your income won’t justify a modification. You will need to prove that your child’s needs have increased as well.
Do I have to pay taxes on child support payments?
No. Child support payments from your spouse are not considered as income and are not included in the annual gross income. Also, if you are paying 50% or more of your child’s support, you can file for child tax exemption.