Springfield Child Support Lawyer

Parents have a dual legal obligation to provide support for their minor children, whether they are married, divorced, single, or never married. Generally, the parents of a child are the biological parents of the child. However, parents can also include adoptive parents, who have the same obligation to support a child as biological parents. Terminating parental rights ends the duty to support a child along with the rights, privileges, and other obligations that go along with parenting.

The dual duty of support does not necessarily translate into 50/50 financial support. The state assumes that the parent who has physical custody of the child is providing ongoing financial support. The non-custodial parent fulfills the duty through child support. Determining child support can be more complex with more modern custody arrangements, and you may require help from a knowledgeable family attorney. A Springfield child support lawyer can help you understand child support obligations and help you fight for an equitable child support order, whether you are the custodial parent or the non-custodial parent.

Calculating Child Support

Child support is based on gross income. Gross income is all income earned and unearned. Gross income is calculated before any deductions. The court can consider other factors if they impact a child’s need or a parent’s ability to pay the suggested amount of child support.

Examples of income include:

• Wages
• Salaries
• Tips
• Overtime compensation
• Veteran’s disability benefits
• Severance pay
• Pensions and retirement benefits
• Alimony
• Commissions
• Social Security benefits
• Military allowances

In addition to income, the state looks at existing financial obligations, such as:

• Number of children
• Alimony (paid or received)
• The child’s needs

The court then determines which party, if any, is responsible for paying child support based on the information parents provide and the custody arrangement. A child support lawyer in Springfield could ensure both parties’ income is fully accounted for.

Factors that Impact Child Support Amounts

Once the court understands the parties’ financial situations, it has to consider other factors to determine the child support obligation. The overriding directive is aimed at ensuring a child’s best interests. However, the court balances that need against the financial abilities of both parties.

Some factors the court should consider include:

• The child’s financial needs
• The child’s financial resources
• The standard of living the child would have if the parents were together
• The child’s educational needs
• The child’s health needs
• Work-related childcare expenses
• The parties’ custody arrangement

The court can also look at other factors that could impact a parent’s ability to pay or a parent’s need for child support. For example, a parent unable to work because of a disability may have a lower child support obligation. A Springfield lawyer can help a client present exceptional circumstances to the court when they should impact child support obligations.

Modifying Child Support Orders

The state has an interest in child support orders remaining the same so parents do not continuously fight over the issue. However, it allows both parties to seek a modification of child support orders if there is a substantial and continuing change in financial circumstances or a 20 percent difference between the current child support and the presumed child support amount.

The change cannot be temporary or self-made. The court must find that the current child support amount is unjust and inappropriate to order the change. When determining whether to grant a modification, the court will look at all potential financial resources, including the financial resources of the obligor’s spouse. Intentional unemployment or underemployment will not get someone out of their obligation to pay child support.

Talk to a Child Support Attorney in Springfield

For many families, child support is straightforward. However, since the court can consider factors outside of the statutory considerations and the information provided by both parents, it can become very complex. A Springfield child support lawyer can help you navigate these complexities to balance the best interests of the child with the realities of the parents’ lives. Schedule a consultation to learn more.