Child Support Legalities
What is the legal definition of child support?
Child support is your obligation to support your child financially, so the "support" there refers to money.
What factors determine the award of child support?
The awarding of child support depends a lot on your income and the percentage of time you spend with the child. There's other variables in there too. Generally, the more time you spend with your child, the less you will have to pay in child support if you're the parent making more money.
What are the legal consequences of not paying child support?
There are a lot of things that can happen to you if you don't pay child support. One of them is the other side files for contempt. You could be in contempt with the court, which means you can end up in prison. I've heard of some people getting their drivers' licences taken away. If you're a notary public they'll just take away your licence to work. In some cases they'll just throw you in prison because not paying child support constitutes child abuse.
Can a child support award be modified?
Yes, a child support award can be modified. Let's say you lose your job; you would go in and ask the court for a modification. If you injured yourself and can't work anymore then your child support payments would be modified. It's all based on the ability to pay. You can only get $100 from a tree that has $100. So, if you found out that your ex-spouse has gone from a $100,000 to a $500,000 job and you have proof, you would go in and try to modify the child support award and get more support. You can't modify a child support award unless there's a change of circumstance that warrants the modification. Sometimes if you're the one paying support and you get remarried and have two new kids, those would constitute hardship and you could go in and modify your child support to go downward.
What do I do if I can't pay child support?
It is very rare that you wouldn't be able to pay child support because the judge wouldn't order you to pay support if you couldn't, but if for some weird reason you become disabled, and you're no longer working and you can't pay child support, I would go in and ask the judge to modify your support payments, and at the hearing explain to the judge what's happening with your life.
How do I petition the court to change my support or custody status?
Anytime you want to modify something, you need to file what's called an 'Order to Show Cause' in order to modify your support or custody status. It's kind of like a motion to the court. When I say motion, you're basically moving the court to do something; you're asking the court for relief. So, you would go and prepare this paperwork, and then you would get a hearing. You've got to file papers, the judge will read it, and set up a hearing. I would go to your lawyer to do this, or some kind of legal aid clinic.
