The financial needs of the child also comes into play. The necessities include food, shelter and clothing. Food refers to school lunches and other groceries. Shelter costs may be used to pay for rent or mortgage where the child resides.
The money can also pay for the utility bills where the child lives. This can range from tuition, tutors, school uniforms, application fees and books. Both parents are required to have health insurance for their child. If the court finds that the needs of the child are not being met financially, then the needs of the child for support may override the written agreement of both parents. In most situations, the court will order the non-custodial parent to pay the basic child support obligation to the custodial parent.
The basic child support obligation is equal to the combined income of both parents minus certain deductions that is multiplied by a specific percentage that varies depending on the number of children to be supported. The total child support obligation is then divided between the parents in proportion to each of their incomes. After the deductions are made, the two adjusted incomes are added together. The basic child support obligation is intended to cover food, clothing, shelter, and other basic expenses, but does not include medical expenses that are not covered by insurance or child care expenses while the custodial parent goes to school or work.
Mandatory add-on expenses include: the cost of health insurance for the child, unreimbursed health care expenses such as co-payments , and a share of any necessary child care expenses for a party who is working. Child support can also be used to pay for other school-related expenses, such as supplies and field trip fees. Other examples of expenses that aren't covered by traditional child support calculations include:. Because a court's child support order won't always cover these circumstances, parents might need to work together to create an agreement on how each parent will contribute to the child's special expenses.
If the parents can't come to an agreement, they can request that a judge create an order addressing the issue or modify an existing order to address it. As a general rule, paying parents aren't easily able to dispute how the recipient spends child support. Because custodial parents don't have to keep track of spending, it would be very difficult for paying parents to prove misuse of child support unless it's obvious that the custodial parent is neglecting the child's health, safety, or overall well-being.
For example, if your ex purchased a luxury vehicle while your child went without food and clothing, you could ask the court or child services for a child welfare investigation.
But, in most cases, courts and child support agencies won't resolve a dispute that arises when a paying parent simply disagrees with a custodial parent's spending habits. That being said, a few states do have a procedure under which parents receiving support can be ordered to account for how they're using the money, but these procedures aren't used for minor disagreements over the use of child support.
For example, some states' laws give judges the discretion to order accountings when appropriate or when the paying parent shows a reason to investigate the custodial parent's use of child support. Even though paying spouses rarely have the power to successfully challenge how the receiving parent is spending child support, every state has a way for paying parents to request a review of and possible modification of the child support order. In most states, a request for a review or modification won't give the judge or child support agency the power to order the receiving parent to account for the use of the support money.
It will, though, trigger a thorough examination of both parents' financial situations and their ability to pay for the child's needs. So, if the amount of child support is no longer appropriate because your ex changed jobs or your child's needs changed, the order can be changed to reflect the new circumstances. If you and your co-parent can't see eye-to-eye on how child support is being used, consider mediating your dispute.
In mediation, a neutral third party will help the two of you understand one another's position. The mediator can't change the child support order but can guide you in discussions to come to an agreement that both of you can live with. The amount of child support paid by one parent to the other is therefore in most cases determined pursuant to the Child Support Guidelines.
Do the Child Support Guidelines apply to all families? The Guidelines do not apply in families with more than six children or if the children are over 18 and attending college away from home. Under the Guidelines, the child support award covers fixed costs, including shelter and shelter-related costs; variable costs, including the cost of transportation and food for the child; and controlled costs, such as clothing, personal care, entertainment, and other miscellaneous expenses.
Other expenses may be added in as well, such as costs related to special needs and visitation transportation expenses. There is some debate over this question.
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