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What Determines Who Pays Child Support?

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    Biological Parenthood

    • Courts generally will not assign child support until they know that a man or woman is the biological father or mother of a child. Maternity usually is not a problem, as hospital and birth records generally show who a mother is, but a paternity test sometimes is necessary to determine who the father is. Step-parents are not obligated to pay child support.

    Financial Situation

    • In making a child support determination, one goal of the court is to decide whether aid is necessary. To do this, the court examines the financial situation of both parents, such as employment and income, other support obligations and debts. Judges may deny requests for child support if they find that the requesting parent can provide for the best interests of the child without financial help. If one parent has a low income, judges still may order that parent to pay support, but they try to make the support amount reasonable to what the parent can afford.

      Notedly, if a parent's financial situation changes, they may petition the court at any time to get child support, or to ask for an adjustment in the amount currently paid. Child support thus is an ongoing issue.

    The Desire of the Parents

    • Sometimes, a parent volunteers to pay child support because he understands the financial situation of his ex, or because he sincerely wants to take care of the child. In this case, the judge takes the desire of the parents into account. Often, the judge will outline the voluntarily-paid amount in the separation or divorce documentation, but does not issue a formal order of support unless the voluntary payments end and one parent files a support request.

    Custody

    • Typically, if one parent has sole custody, child support goes to the custodial parent. However, in cases where parents have joint custody, either parent can request support. When custody changes, changes to child support usually also occur.

    Time Spent With Child

    • Sometimes a child spends more time with one parent than another. When this happens, a judge may decide that the parent who cares for the child more often is entitled to proportional support. This is most common in joint custody cases, but it sometimes happens in sole custody cases, too.

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