How Child Support Is Determined

When divorcing parents are in the process of determining child support, they have significant decisions to make regarding finances. Although one parent may have physical custody of a child, the other parent will still help support the child financially. Thus, both parents are supposed to be involved in some way. If the parents are able to negotiate a payment plan that is mutually satisfactory, they are usually allowed to do so. However, if they are unwilling or unable to negotiate, the payment plan is generally developed by the court. The plan usually requires a transfer of funds on a monthly basis.

The children do not receive the money from the monthly payment. Instead, it is received by the custodial parent, a fact which can be an irritation to the paying parent. However, the paying parent must realize that the money is legally meant to be applied toward the daily life needs of the child. The custodial parent lawfully should be using the support money to support the child. When the child is old enough to take care of him or herself, or if the child dies, the custodial parent no longer receives support payments.

It is important to note that child support payments are not necessarily monetary. The court may allow the paying parent to fund the child's daycare expenses, dental expenses or some other similar need. Thus, child support laws are not in cookie cutter form, but may change depending on the needs of the child. Several keys factors play into determining child support. As always, the court first examines what the best interests of the child are. Support orders also depend on how old the child is and the financial status of both parents.

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