3 Things You Should Know About Child Support Before Filing For Divorce

Posted on: 26 April 2017

Child support can be a good thing to protect the best interests of the children during and after a divorce. It helps ensure that children are provided for even in worst-case scenario divorces. However, it is common for divorced parents to totally disagree on everything about child support. Parents who receive it may feel shortchanged when considering all they do as the parent with primary custody, while those who provide it may feel as though it isn't used in the ways they would prefer. No matter what your situation, consider these facts on child support.

Fact #1: Child Support Isn't Taxable

Whether you anticipate being the provider or recipient of child support payments after the divorce, you should know that you don't need to worry about taxes on it. You aren't obligated to pay taxes on any of the amount received for child support throughout the year.

On the other hand, if you are paying for child support, you may assume it is tax-deductible, but that is not true. If you're trying to determine whether you need to file a tax return based on the income for the year, be sure to leave child support out of the estimation.

Fact #2: Child Support Doesn't Easily End

Once child support has been determined, don't expect to find a way to get out of it easily even if you think the decision is unfair.  Your child custody lawyer can discuss your options for your individual case and help ensure your best interests are protected before and after the ruling.

As long as your child is under the age of 18, you will likely have an obligation to pay child support unless the child is no longer considered a dependent or the living circumstances significantly change. Every case is unique, though, so you should talk to your lawyer about any chances you have of changing the child support you feel is unfair.

Fact #3: Step Parents Aren't Obligated to Pay Child Support Unless They Adopted

One situation can be difficult on everyone. No matter how devoted a stepparent may be to a child, they are not going to be required to pay child support unless the stepparent legally adopted the child. That can be very difficult on the child and on the biological parent who may be accustomed to the financial support from the stepparent in raising the child.

It can also be painful for the stepparent who may not have visitation rights to the child they may have been raising on their own. Although a stepparent is not legally obligated to pay child support, many stepparents make an effort to provide for kids they helped to raise.

Finally, keep in mind that child support is a very personal thing for each family, but it can feel frustrating for everyone involved at some time. It's generally best to avoid bringing children into any discussions of child support. Questions should be answered in an age-appropriate way, but kids shouldn't be dragged into financial feuds during a divorce. 

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