Child support involves the noncustodial parent making regular, ongoing payments to the custodial parent for a portion of the costs related to raising the child they share. While this seems, on the surface, to be a straightforward concept, the legal language and procedures surrounding it have resulted in some misconceptions. Here’s a closer look at three of them.

Common Child Support Myths Debunked

1. It is Based on “Take Home” Pay

Georgia’s child support guidelines are used by judges to determine the appropriate amount of child support that a non-custodial parent should pay to the custodial parent (there are rare instances where a custodial parent is required to pay the non-custodial parent, but this article does not deal with that situation).  The court takes each party’s income into consideration when making the determination.  While it may seem logical that the court should only consider “take home” pay in deciding what is a fair amount for the paying parent to pay, since the paying party can not spend money that the government has already taken out of their paycheck, the child support law does not work that way.  Georgia law specifies that the court must consider the “gross income” of both parents – which means the income earned before income taxes, FICA, and Medicare taxes are deducted.  This is why, when addressing child support in a court-setting, it is very important to keep or obtain good records of each party’s true gross income.

2.It Can Only Be Spent on Essentials for the Child

In Georgia, both parents are expected to financially support their children, but for the most part, only one parent is required to make a monetary payment to the other if the parents are not rearing the children together in the same household.  After the payment is made, the paying parent does not have the right to decide how the money is spent.  Georgia’s child support guidelines take into consideration a variety of expenses beyond food and clothing that are used to rear a child.  Assumptions were made in the drafting of the guidelines about the amount of money needed for housing, transporting, entertaining, educating, and medically caring for the children. 

Child support can be spent on rent or mortgage, utility bills, internet service, books, auto maintenance, and gas, among other things that entirely or only partially benefit a child. It may even be spent on items that have nothing to do with the children, as long as the children’s needs are ultimately met.  Money is fungible, meaning that it is not unique and can be replaced with another identical item from a different source.  For example, if a child needs school clothes in late July to be ready for school in August, a parent who receives child support in mid July might be expected to spend that money on school clothes. But perhaps the receiving parent had a large vet bill after the family’s dog was diagnosed with cancer.  The custodial parent might spend the child support on the vet bill and wait until his or her next paycheck to purchase the school clothes, even if the children have to start the year without new school clothes.  The non-custodial parent may disagree with such a decision but can not do much about it unless there is an established pattern of the custodial parent being unable or unwilling to meet the children’s needs for stable housing, clean and appropriately sized clothing, adequate medical care, and sufficient nutrition.

While custodial parents are not legally obligated to submit an accounting to show how they spend the child support payments, it is presumed that they can trusted to meet the children’s need for stable housing, clothing, food, medical care, and other necessities if the payments are being made on time in the amount ordered.  When it can be demonstrated that they are not providing stable housing, clothing, food, medical care, and other necessities, a closer examination of the reasons for this failure is warranted.  The custodial parent might consider seeking an increase in the child support if the children’s needs can be demonstrated to have increased since the last child support order was put into place. Or, the non-custodial parent might consider seeking a change in the custodial arrangements if they can show that the custodial parent is unable or unwilling to responsibly use their own resources in combination with the child support to provide for the children.  Again, good record keeping is critical regardless of whether the parent is seeking an increase in child support or seeking a change of custody based on the other parent’s failure to adequately provide for children.  

3. Not Paying Isn't a Big Deal

Studies have found that only 43% of custodial parents receive the full payment amount, and 30% don't receive anything at all. That doesn't mean, however, that not paying child support is no big deal. 

Just as custodial parents experience unexpected circumstances which result in them spending the child support payment on seemingly non-child-related expenses, non-custodial parents can also genuinely find themselves in circumstances that make it impossible to pay their child support as the court has ordered.  While it is never advisable to fail to abide by a court order, in those instances when there is such financial distress that compliance is impossible, the best course is to pay something – even a little bit – rather than not pay anything at all and trying to “catch up” later.  Failing to pay debts to ordinary creditors can result in diminished credit rating, collection calls, and garnishment, but failing to pay child support can result in incarceration (for abandonment or civil contempt), suspension of driver’s license, and interception and seizure of income tax refunds. 

Courts expect their orders to be complied with. However, when there is a valid reason for non-compliance (such as an involuntary job loss, an economic downturn, a debilitating, but temporary, illness), courts may be reluctant to use the harshest measures to enforce their order if the non-custodial parent can demonstrate that she or he did not ignore the obligation but, rather, did the very best they could to meet it at least in part.  An important aspect of partially complying is not skipping payments even if the payment is smaller than the amount owed and even if the non-custodial parent is complaining.  It is better for the paying parent to acknowledge financial shortcomings and strive to correct them, than to completely ignore the problem.  It is better for the receiving parent to consistently receive something rather than nothing, while wondering if they will ever see another child support payment without court-intervention.  When changed financial conditions are clearly not going to be short-term, non-custodial parents should also consider seeking downward modification of the child support provisions if they can demonstrate a substantial downward change in their financial condition or substantial upward change in the financial condition of the custodial parent. 

When you need legal assistance navigating a child support issue, trust the NMS Law Firm - Nina M. Svoren LLC. Attorney Svoren represents clients throughout northeast Georgia. She offers legal services in several family law disciplines, including child custody and support arrangements, divorces and separations, and alimony disputes. Call (706) 282-4696 or visit her firm's website to schedule a consultation.