Children have the right to receive financial support from both parents. The amount of support is strictly determined by a complicated equation. The court has very little authority to deviate from this equation except in limited circumstances. Your lawyer needs to make sure that child support is calculated correctly and is fair to both parties and the children.

Child support is calculated by a formula written into an online child support calculator. The formula is based on the number of children, the number of days each parent has the child(ren) in their custody, expenses of the child and the income or earning capacity of each parent. The calculator can provide a preliminary idea about child support in your case; however, determining the correct amount of child support is more complicated than simply filling out a questionnaire.

When one parent fails to pay child support as ordered by the court then a contempt action can be filed against the offending party. Failure to pay child support can result in fines or jail time for willful contempt.

Child support may be modified, up or down, whenever there is a substantial change in income or financial circumstances of either party, or the needs of the children. A modification action may be filed by either party at any time after the divorce or initial final order of support. Another modification action may not be filed by the same party until two years have passed from the previous final order of modification, regardless of the outcome.

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