How Do Courts Determine Child Support Payments?

Child support is a critical issue for many parents going through a divorce or separation, and courts play a key role in deciding how much a parent should pay for the support of their children. If you're facing a child support case, understanding how courts determine these payments is critical.

At The Hardin Law Firm LLC, I provide support to clients in child support cases and other family law matters throughout St. Louis, Missouri. As an experienced family law attorney, I take pride in being approachable and available to address your concerns, explain your legal options, and answer any questions you may have throughout the process.

Let's explore the factors courts consider when determining payments and what you need to know.

What Is Child Support?

Child support is the financial contribution one parent makes to help with the costs of raising a child. The noncustodial parent typically pays it to the custodial parent, though custody arrangements can influence this. The goal of child support is to provide for the child's basic needs, including food, housing, education, medical care, and other necessities.

Determining Child Support in Missouri Family Courts

In Missouri, family law courts make child support determinations. The process is based on state guidelines that help keep everything fair, but courts also have some flexibility to make adjustments. These decisions are usually made after a review of the financial situation of both parents, the child's needs, and the type of custody arrangement in place.

Key Factors in Determining Child Support

The Missouri court system relies on several factors to calculate child support payments. These factors are designed to balance the financial responsibilities of both parents. Here's a breakdown of the most common considerations:

Parental Income

One of the most significant factors in determining child support is the income of both parents. The court looks at both parents' gross income, which includes wages, self-employment earnings, rental income, and any other sources of revenue. The goal is to create a child support order that's in line with the parents' ability to pay.

The court will also assess whether either parent has the capacity to earn more income. For instance, if one parent is voluntarily underemployed (i.e., they could be earning more but are choosing not to work to avoid paying more child support), the court may consider that when determining the support amount.

Custody Arrangements

Child support in Missouri is influenced by the custody arrangement between the parents. If one parent has sole custody, the noncustodial parent will likely pay child support to the custodial parent. However, if the parents share joint custody, the court may calculate support differently to reflect the time each parent spends with the child.

For example, if the noncustodial parent has substantial time with the child, the support obligation may be adjusted to reflect the additional financial responsibility of both parents.

Child’s Needs and Expenses

Courts also consider the child’s needs when determining support. This includes essential items like food, clothing, housing, and medical expenses. Special needs may also play a role. For instance, if the child has medical conditions that require specialized care or frequent doctor visits, the court may increase the amount of child support to cover those additional costs.

In some cases, courts may also consider educational expenses, extracurricular activities, and even costs related to child care if both parents are working.

Health Insurance

In many cases, the court will look at which parent is providing health insurance for the child. If one parent is paying for the child's health insurance, that can reduce the overall amount of child support the other parent is required to pay. This is often factored into the calculation of the final support order.

Child’s Standard of Living

Another important factor in Missouri child support decisions is the child’s standard of living prior to the separation or divorce. The court will try to keep the child’s living situation as stable as possible, taking into account the financial circumstances of both parents. This helps the child’s life remain consistent and comfortable despite the changes in the family dynamic.

The Missouri Child Support Guidelines

Missouri uses a set of guidelines to calculate child support, and these guidelines are based on a formula that accounts for both parents' incomes and certain expenses. The Missouri Child Support Guidelines chart considers the combined income of both parents and provides a range of support amounts based on that income.

The Formula

The basic formula used in Missouri involves the following:

• Combined monthly income: The court will first determine the total combined monthly income of both parents.

• Support amount: Based on the combined income, the court will determine the basic support amount using the guidelines chart.

• Adjustment factors: The court will then adjust the basic support amount by considering factors like the child’s health insurance, daycare expenses, and any other financial responsibilities either parent may have.

It’s important to note that while these guidelines are typically followed, a family law attorney may present evidence showing that adjustments should be made, depending on the circumstances.

Modifying Child Support Payments

After a child support order has been issued, it may be modified if circumstances change. For example, if a parent loses their job, is promoted to a higher-paying position, or if the child's needs change, either parent can request a modification of the child support order.

In Missouri, a modification of child support is usually possible every three years or when circumstances significantly change. If a parent wishes to modify the child support order, they'll need to file a motion with the court.

Enforcement of Child Support Orders

Missouri has strict enforcement procedures for child support orders. If a parent fails to pay child support, the other parent can take legal action to enforce the order. Enforcement mechanisms may include wage garnishment, income tax refund interception, or even jail time for contempt of court in severe cases.

A family law attorney can help a client understand the enforcement process and make sure the child support order is followed. They can also provide assistance in seeking modifications or handling any disputes that arise.

How a Family Law Attorney in Child Support Cases Can Help

If you're facing a child support issue, hiring an experienced family law attorney is essential. A family law attorney can help you understand the child support guidelines, evaluate your financial situation, and represent your interests during hearings or negotiations. 

They can also help you gather the necessary documentation, present your case effectively, and make sure that the final child support order is fair and reasonable.

An attorney can also help if you need to modify or enforce an existing child support order. They can guide you through the process, present evidence to the court, and protect your rights throughout.

What You Need to Do

If you're preparing for a child support case or need help with an existing child support issue, the first step is to consult with a family law attorney in Missouri. By working with an attorney, you’ll have a legal professional who can guide you through the process, explain your rights, and help you achieve the best possible outcome for you and your child.

Call an Experienced Child Support Lawyer Today

With the right legal support, you can tackle your child support concerns with confidence and work toward a favorable resolution for your family. If you have questions about child support or need legal guidance for your case, The Hardin Law Firm LLC is here to provide the support you can rely on. I proudly serve clients in the St. Louis, Missouri area. Reach out today to schedule a consultation and take the first step in your case.