As a parent, you may be wondering whether you are entitled to receive child support payments from your child’s other parent. Here are a few initial considerations regarding parents’ rights to receive child support payments.
Who Pays Child Support in a Divorce?
When married parents divorce or separate, or when only one of the unmarried parents of a child has custody, the court may order the other parent (the parent with whom the child does not live) to pay a certain portion of his or her income as child support. This is not the only scenario in which child support might arise. Principal Kyung (Kathryn) Dickerson explains “Less frequently, when neither parent has custody, the court may order them to pay child support to a third party who cares for their child.”
No matter what situation gives rise to the need for child support, it is helpful to think of the legal right to child support as being possessed by a child, for his or her proper care and upbringing, regardless of who actually receives child support payments.
Child Support in Joint Custody Situations
In cases where a child spends substantive time living with both parents, one parent may still be required to pay child support to the other. This is especially likely if there is a large disparity in the parents’ incomes.
For example, if a husband and wife get a divorce and agree to share joint physical custody of their son, the husband would likely be entitled to receive child support from the mother if he was a stay-at-home father during the marriage, while she earned a six-figure salary. Without receiving such financial support, the father would probably not be able to pay the day-to-day expenses required to properly provide care for the child, even on a half-time basis.
Both parents have an obligation to support their children. The court could impute income to one parent for being voluntarily unemployed or underemployed.
How Much Child Support Can I Receive?
Each state has presumptive legal guidelines that help establish the amount of child support that must be paid to a parent. The specifics of each guideline differ from state to state, but they are all generally based on the parents’ incomes, living expenses, and needs of the children. If there are good reasons, most states allow some variance from the guidelines.
What Does Child Support Cover?
There is a growing misconception that child support should only cover a child’s bare necessities, such as food and clothing. Principal Alan Plevy notes “Child support is actually meant to cover a broad range of expenses including school fees, entertainment, medical expenses, and extracurricular activities.”
Child support orders are issued by the court, which bases the amount of the support on the state child support guidelines. These guidelines establish the presumptive amount of support that must be paid, based largely on the parent’s income and the number of children. The court will also take into account other relevant factors, such as the amount of time the child/children spend with each parent and the special needs of the children.
The court can deviate from the guidelines if there are significant reasons for doing so. The fact that the parent has a high income does not itself justify deviation from the guidelines, because under the law children have the right to benefit from both parents’ incomes. Child support can be increased if there is a change in circumstances justifying the increase, such as an increase in the payer’s income or the cost of living, a decrease in the parent’s income, or an increase in the child’s needs. Similarly, the amount can be reduced if the circumstances justify the reduction.
Contact an Attorney
If you are facing a potential child support issue or dispute, whether due to divorce or as a single parent, a family law lawyer can help by fairly and zealously representing you in a child support proceeding. A family law lawyer will work to obtain the best possible result in the entry of a child support order, enforcement of an existing order, or in establishing or disproving paternity. Contact Alan Plevy or Kyung (Kathryn) Dickerson today to ensure your legal rights are protected.
About the Authors
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.
