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There are several parts to most child support orders. First and foremost,
the paying parent will almost always be ordered to make a monthly money
payment to the custodial parent. The
order will typically read, in part, as follows:
Father (name) is ordered to pay directly to mother (name) as and
for child support of Tom and Mary, the sum of $300 per month per child
for a total of $600, payable one-half on the first and one half on the
fifteenth day of each month, said payments to continue until each such
child shall die, reach majority, become emancipated or until further order
of court.
Notice the following about this portion of the child support order:
It Requires a Direct Monetary Payment to the Custodial Parent.
Many paying parents resent the child support order because it is made directly
to the custodial parent and not the children. Because of this, some refuse
to make the payments because they see it as a form of alimony. However,
this is not true. The direct payments
are to be used to pay for the vital needs of the children, such as rent,
food, and clothes.
The Court Retains Jurisdiction to Change the Order.
A child support order is not set in concrete but is subject to change should
future conditions warrant. Thus, either parent may petition the court to
raise or lower support should conditions warrant (see below)
Payments Automatically Terminate When the Child Reaches Majority, Dies
or Becomes Emancipated.
The purpose of this language is to provide for an automatic end to the
support obligation when the child reaches majority or dies. However, the
issue of emancipation is often in dispute and may require a court determination.
Child Support Is an Enforceable Order of the Court
A child support order is as enforceable as any other court judgment or
decree. Thus, a parent who is not paid child support can use each and every
legal tool available to enforce the order, including wage garnishments,
wage assignments, contempt of court decrees and the seizure of the non-payor's
property by writ of execution.
The child support decree is not limited to an order of direct money
payments to the custodial parent. Other areas of providing for the children's
needs are also usually addressed. The following language is an example
of a typical child support order:
As and for additional child support, father (name) is ordered to
maintain his children as beneficiaries on his health and life insurance
policies available through his employment. Father is further ordered to
pay for one-half of all uninsured medical, dental and ophthalmologic services
provided for the children.
As and for additional child support, father shall pay directly to
the ABC Daycare Cooperative, the full cost of afternoon after-school day
care. However, should the children be enrolled in morning day care, such
expenses shall be the sole responsibility of the mother.
As and for additional child support, father shall pay the round-trip
plane and other reasonable costs of transporting the children for visitation
with father, as provided in the visitation provisions of this order. However,
during visits of two weeks or more, the father's child support payments
to mother shall be reduced by $50 per month per child.
These clauses illustrate the flexible nature of child support orders
and the wide latitude a court has in creating a support arrangement it
deems in the best interests of the children. (The court will try to maintain
the lifestyle the children enjoyed before the divorce if the parents' finances
permit.) Thus, a parent can be ordered
to maintain insurance for the benefit of children, pay medical bills, private
school expenses, day care costs, transportation bills, music lessons and
to pay or partially pay for other aspects of a child's day-to-day life,
activities and upbringing. The amount of support can also be reduced should
the noncustodial parent have physical custody of the children for at least
35% of the time.
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