Child Support Myths (Part 1 of many)

Disclaimer: This article or humorous commentary is in no way intended to offend anyone and further is ONLY provided as entertainment, a general overview or background information.  This article is NOT legal advice or a legal opinion.  You should not rely on any information gathered in this article as a basis for any particular course of action or a substitute for legal advice.  Because every case is different, you should always seek formal professional legal counsel specific to your case.  No warranty of any kind, expressed or implied, is given and in no way does this article constitute any attorney-client relationship.  (Sorry. *wink* I’m an attorney…what’d you expect. You know we have legalese and disclaimers for everything.)

CHILD SUPPORT MYTHS

Although I am a general practitioner, majority of my practice in the last year has been dedicated to family law, because of the serious demand.  I am constantly trying to dispel the myths I hear my clients, hard-working everyday people, have about many issues.  This article is one in a series of articles that I plan to write over the next few month regarding family law issues.  I decided to start with child support, because well, honestly, money is precious, especially when gas is over $4.00 a gallon!

MYTH:  You got to pay to play.  A few months ago, I had a client come to me and say her child’s father said, “[My child] is like a car.  If I am gonna pay for it, I’m gonna drive it.”  He has never seen the child or played with the child for any of the years of the child’s life!  Because he was now ordered to pay child support for the child, he suddenly wanted visitation and parenting time with the child (a child whom he wanted aborted before birth, by the way).   Nonetheless, this brings me to the first myth people, both men and women, have about child support.  Child support and visitation or parenting time, as it is called, are not contingent on each other.  Now granted, it does not make you look like a great parent if you are not financially supporting your child, but a child has the right to have the time, attention and relationship with the other parent.  Not allowing the child to have a relationship with the noncustodial parent due to that parent not paying child support is only detrimental to the child.  The two, paying child support and parenting time, are exclusive in the eyes of the law.

MYTH:  If the custodial parent works, the noncustodial parent will pay less in child support.  The purpose of child support is to give the child the lifestyle that he or she would have had both parents lived together.  Therefore, both parents income and, to some extent, financial obligations are considered.   However, if overall the parents’ combined income is more, the noncustodial parent may owe more in child support. 

MYTH:  Once child support is calculated using the table/guidelines, it cannot be changed.  There are statutory guidelines and an accompanying table that dictates what child support should be.  The statutory guidelines and accompanying table determine what the average or recommended child support obligation should be for the parent the child does not live with.  If parents are amicable and work well together, they may agree to deviate from the statutory guidelines.  (If you think your situation fits this scenario, seek legal advice on how to proceed.)

MYTH:  I have the right to monitor how the money I pay for child support is spent.  Every child who has parents that are separated is entitled to child support.  The child support is to be used for the children; however, just because you pay child support does not mean you can dictate how every dollar is spent, unfortunately.   The flip side of that is if you suspect the other parent is using the money for illegal activity or drugs and the child or children are being neglected, I strongly suggest you seek legal counsel immediately!

MYTH:  My baby daddy made me mad! If I ask for an increase, I will get it.  Beware!  In order to qualify for an increase, there must be at least a 15% change in the amount of support based on the guidelines, unless otherwise agreed upon.  I have known noncustodial parents to ask for a decrease and custodial parents to ask for an increase, only to find that they were really supposed to be paying more or receiving less.  So be careful what you ask for.

The listed myths above are just a few and are not intended to be a comprehensive list. 

Word of the day:  Custodial Parent- The custodial parent for purposes of this article simply refers to the parent the child lives with majority of the time. 

**This is only some.  This article is TO BE CONTINUED……**

Thank you for reading!   If you like this article or found it helpful, be sure to read my others posted and stay tuned for future ones.  Also, please leave comments here and be sure to tell a friend.  If there is a topic you want to see or you have a general question, you can leave it here or reach me at nichole@kentuckianalaw.com.

Nichole T. Compton, JD/MBA

Nichole T. Compton is an attorney, a business owner and a certified mediator among other things. She is licensed in Kentucky and federally. Her firm, the Compton Law Office, PLLC is located in downtown Louisville, and handles matters that affect the average working family and small businesses. Nichole is a mother to one child Rico and spends her leisure time traveling doing motivational speaking and giving seminars, in addition to her service to the community and family responsibilities. Nichole has her Juris Doctor and MBA focusing in Entreprenuership.