Did you know that child support is a legal obligation? That means that whether or not you are on good terms with your child’s other parent, you will still be responsible for providing financial support. When two individuals decide to get a divorce, there are a lot of legal matters that need to be taken care of. One such matter is child support. Determining how much child support one parent will have to pay to the other can be complicated, and many factors go into calculating it. This article will break down everything you need to know about child support law to make the process easier for you.
How Is Child Support Determined?
Child support is determined by a set calculation, which takes the non-custodial parent’s income and multiplies it by a percentage. These percentages vary depending on how many children are involved and what income bracket the non-custodial parent falls into. It is important to note that this number does not apply to all parents. It only applies to those who are obligated to pay child support.
Child Support In Joint Custody
In joint custody situations, both parents are responsible for providing specific necessities to the children involved. This can include housing, food, and clothing, among other things. Both parents also share equal responsibility when the question “who pays child support in joint custody?” comes up, so if one parent does not live up to their obligations or fails to pay any amount at all, it will affect both parents. The court may even take away the parent’s right to establish a joint custody arrangement, leading to more complicated child support calculations.
What is the Average Amount For Child Support in Hawaii?
The average amount for child support in Hawaii varies from case to case. Unlike other states with a formula for how much parents should pay, the calculation or guidelines governing this process are not legally mandated. Instead, judges have complete discretion over these matters and choose a number that works best for all parties involved. The courts will also consider the needs of each child involved, including health care and education.
Can Child Support be Changed?
Child support payments may be changed if one or both parents can prove that there has been a dramatic change in circumstances. For example, if the non-custodial parent loses their job, it may reduce payments. If the custodial parent gets remarried or pregnant, payments may increase based on new financial responsibilities.
Exemptions From Paying Child Support
There are some exemptions from paying child support. These include:
- The child is over the age of 18 and not enrolled in high school or any form of post-secondary education.
- The child is married or has joined the armed forces.
- The parent is declared legally blind, disabled, or financially insolvent.
- The child is living with a grandparent or other relative.
- The parent has physical custody of more than six children.
- The child is living in a situation where only one parent has control.
- The child resides in a foreign country.
How Long Does Child Maintenance Last?
There is no set time limit for how long child maintenance payments must be made. It will depend on the specific situation and what the court orders. In most cases, however, payments continue until the child is emancipated or graduates from college, whichever comes first.
What Happens if Child Support Payments are Not Made?
As already mentioned, non-payment of child support can have severe consequences for both parents. The Child Support Enforcement Agency in Hawaii determines the appropriate penalty. If the non-custodial parent fails to make their payments, it will affect the custodial parent’s ability to provide for their children. If the issue is not resolved quickly, the courts may even remove visitation rights or hold either party in contempt of court.
Determining child support can be complicated and frustrating for all involved. Even parents who share joint custody may struggle with making payments on time or at all. If you find yourself in this situation, it is vital to seek legal assistance as soon as possible. This will allow you to understand your rights and explore your options under the law. In some cases, you may also be able to modify your support payments so that they fall in line with your current financial standing.
