Do I have to pay child support if I have sole custody?
No. If you have sole custody of the child, the child’s other parent has an obligation to pay child support to you. At first glance, this may sound contradictory to the fact that both parents have an obligation to child support. But with sole custody, you are incurring all of the expenses of the child. You paying those expenses serves as your child support obligation in essence. The other parent then is responsible for the full amount of child support.
To determine the amount of the support, the court will look at the child support schedule.
Let’s take a look at an example situation:
Jack and Jill have a son named John. Jill has sole custody of John. Jack makes $4,000 per month. Jill makes $2,500 per month. For the sake of this example, we are going to say that neither party has other support obligations and that these figures are their adjusted monthly gross incomes. First, we must add the spouses adjusted monthly gross incomes together. This gives Jack and Jill a total of $6,500 per month. Of that $6,500, Jack makes 62% and Jill makes 38%. By looking at the child support schedule table and following the first column down to $6,500, we see that the support obligation for one child is $963 per month. We then need to take Jack’s income percentage and multiply it by the entire support obligation. So we have $963 x 62% which gives us $597. That is the monthly amount that Jack is responsible for in child support for John.
The calculation for child support when one parent has sole custody is clearly more simple than with other custody arrangements. The parent without custody pays their income percentage of the child support obligation.
Do I have to pay child support if I have joint custody?
Possibly. Child support is a continuous obligation of both parents. Many people believe the misconception that only men pay child support, but that is not the case. Children are entitled to share in the current income of both parents and should not be economic victims of divorce. In order to protect the child from suffering economically, the child support guidelines attempt to identify a percentage of parental income that is spent on the child in intact families, and mirror that in divorced families. In other words, the court is acting as a safeguard so that your child’s quality of life does not diminish economically due to your divorce. The courts will consider the percentage of the combined monthly income that each parent contributes. This will be the basis for the adjustment of each parent’s support obligation. In order to determine the amount of child support owed by each parent with joint custody, the court will use Child Support Worksheet A.
Your paying of child support depends on the numbers that result from the calculation on the worksheet. If your number is less than your spouses’, your spouse will pay their entire obligation of child support to you. If your number is greater than your spouses’, you will be responsible for paying your entire obligation to your spouse for your child.
Let’s take a look at an example situation:
Jack and Jill have joint custody of their son John. Jack makes $4,000 per month. Jill makes $2,500 per month. For the sake of this example, we are going to say that neither party has other support obligations and that these figures are their adjusted monthly gross incomes. Jill is the domiciliary parent. Jack has John 2 days a week, which is roughly 29% of the time. Jill has John 5 days a week, which is roughly 71% of the time.
First, we must add the spouses adjusted monthly gross incomes together. This gives Jack and Jill a total of $6,500 per month. Of that $6,500, Jack makes 62% and Jill makes 38%. By looking at the child support schedule table and following the first column down to $6,500, we see that the support obligation for one child is $963 per month. Additionally, John has a medical condition that requires $200 in medical bills per month. John also attends daycare at a rate of $400 per month. By adding the base obligation from the child support schedule with the other expenses John incurs, we get a total of $1,563 per month. To determine each parent’s share of this expense, we multiply the monthly expense by the percentage of each parent’s share of income. So for Jack, we take $1,563 x 62% and get $969. For Jill, we take $1,563 x 38% and get $594. Assuming that Jack makes no direct payments for other expenses to Jill, Jack is responsible for his entire obligation of $969 for John. This example was essentially a step by step walk through of how to fill out Child Support Worksheet A.
So again, remember that child support is an obligation for both parents. The amount of support owed in a joint custody arrangement will depend on the percentage of the shared gross income each parent contributes.
Do I have to pay child support with shared custody?
Possibly. Shared custody means joint custody where each parent has physical custody of the child for an approximately equal amount of time. The court will use Child Support Worksheet B in making their calculations on child support. To see this worksheet and an explanation of how to use it, see the Shared Custody & Child Support section of this website.
Your paying of child support depends on the numbers that result from the calculation on the worksheet. In the situation where the parents have shared custody, the basic child support obligation will need to be multiplied by one and one-half. After doing so, the amount will then need to be divided between the parents in proportion to their respective adjusted gross monthly incomes. Each parent’s obligation will then be cross multiplied by the actual percentage of time that the child spends with the other party. To complete these calculations, the court uses Child Support Worksheet B.
Let’s take a look at an example situation:
Jack and Jill have a son named John. Jack and Jill have a shared custody arrangement in which Jill has John 53% of the time, and Jack has John 47% of the time. Jack makes $4,000 in adjusted gross income per month and Jill makes $2,500 in adjusted gross income per month. This gives the couple a combined monthly adjusted gross income of $6,500 per month. Of that $6,500, Jack makes 62% and Jill makes 38%. By looking at the child support schedule table and following the first column down to $6,500, we see that the support obligation for one child is $963 per month. Since this is a shared custody arrangement, we now multiply the base obligation of $963 by 1.5 and get $1,445. Then we take that number and find out each party’s theoretical obligation by multiplying it by their income percentage. So for Jack, we take $1,444.50 x 62% and get $896. For Jill we take $1,444.50 x 38% and get $549.
Next, we look at the time that John spends with each party. So remember, John is with Jack 47% of the time and he is with Jill 53% of the time. Now getting this next number is a little tricky. We need to take Jack’s obligation of $896 and multiply it by Jill’s time spent with John. So that is $896 x 53% which gives us $475. Then we take Jill’s obligation of $549 and multiply it by Jack’s time spent with John. So that is $549 x 47% which gives us $258. For the sake of this example we are going to keep it simple and assume that John has no other extraordinary expenses, but further down the page I will explain how that would be added in.
So the last step we have is to take Jill’s lesser amount of $258 and subtract it from Jack’s greater amount of $475 which leaves us with $217. Since Jack has the greater amount, he will be responsible for the $217 for John’s child support.
…with extraordinary expenses
Now it is not that much more complicated should John have some extraordinary expenses. So remember we are going to pick up at where we found that Jack has a number of $475 and Jill has a number of $258 (this is line 11 on Child Support Worksheet B). Now let’s say that John has a medical condition that costs $200 per month, and daycare expenses that total $400 per month. That is a total of $600 per month in extraordinary expenses. To determine how much of the $600 each parent is responsible for, we multiply $600 by each party’s income percentage. So for Jack we have $600 x 62% which gives us $372. For Jill we have $600 x 38% which gives us $228. Each of those numbers are then added to each party’s obligation. Jack has $475 + $372 totaling at $847. Jill has $258 + $228 totaling at $486.
The last step in the calculation is taking Jill’s lesser amount of $486 and subtracting it from Jack’s greater amount of $847. This gives us $361. Since Jack has the greater amount, he will be responsible for the $361 for John’s child support.
Notice that when the child incurs extraordinary medical expenses, only one more step is added to the calculation. Child Support Worksheet B walks you through this calculation step by step.
Do I have to pay child support with split custody?
Possibly. Split custody means that each party is the sole custodial or domiciliary parent of at least one child to whom support is due. In the case of split custody, each parent will owe the total child support obligation for the other child. The parent that owes the greater amount will owe the difference in amounts to the other parent. This will satisfy the child support obligation. The courts will use Child Support Worksheet A in making these calculations.
Let’s take a look at an example situation:
Jack and Jill have two children; Sam and Sally. Sam stays with Jack and Sally stays with Jill. In the case of split custody, the Child Support Worksheet A is completed for both children together.
Jack makes $4,000 in adjusted gross income per month and Jill makes $2,500 in adjusted gross income per month. This gives the couple a combined monthly adjusted gross income of $6,500 per month. Of that $6,500, Jack makes 62% and Jill makes 38%. By looking at the child support schedule table and following the second column down to $6,500, we see that the support obligation for two children is $1,378 per month.
Sam and Sally’s daycare expenses combined are $800 per month. Since child care costs are added to the base number (line 5a), we combine $1,378 and $800 to get a total of $2,178. We then calculate each party’s obligation by multiplying $2,178 by each party’s income percentage. So for Jack we have $2,178 x 62% giving us $1,350. For Jill we have $2,178 x 38% giving us $828.
Those are the child support obligations for each party. Rather than having Jack give Jill a check for $1,350 and have Jill turn right around and give Jack $828 back, the court determines the difference between the two amounts. By taking $1,350 and subtracting Jill’s $828, we find that Jack owes $522 in child support for Sally.
In Louisiana, Child Support Worksheet A walks you through step by step on completing this process.
How is child support calculated?
In Louisiana, the child support guidelines include something called The Incomes Share approach. The Incomes Share approach incorporates a numerical schedule of support amounts. This schedule is used to estimate child-rearing costs for different levels of income. The schedule provides estimates depending on the number of children for each couple.
The schedule is based off of the couple’s combined adjusted monthly gross income. Gross income means the income from any source including, but not limited to:
- Wages
- Salaries
- Bonuses
- Pensions
- Social Security Benefits
- Unemployment Benefits
- Workers’ Compensation Benefits
- Spousal Support from a previous obligation
Gross income does not include:
- Child support received
- Benefits from any public assistance programs
- Per Diem Allowances
Adjusted gross income means gross income, minus amounts from pre-existing child support or spousal support obligations paid to a third party, or on behalf of a child who is not the subject of this child support proceeding. Therefore, combined adjusted gross income is the adjusted gross income amounts for each parent added together.
Once the combined income is determined, the court will look at the schedule and the number of children the spouses have, and locate the child support obligation amount.
Then, depending on the custody arrangement that you and your spouse have, the court will complete a Child Support Worksheet to calculate the child support owed from each or either parent. Worksheet A is used for joint custody and split custody. Worksheet B is used for shared custody.
For help calculating child support for a joint custody arrangement, click here.
For help calculating child support for a split custody arrangement, click here.
For help calculating child support for a shared custody arrangement, click here.
For help calculating child support for a sole custody arrangement, click here.
How much child support will I have to pay?
In Louisiana, the amount of child support payments will vary depending on several factors. First, the court will look at the incomes of each parent to determine the spouses’ child support obligations. Also, child support payments depend on what custody arrangement is in place. The amount of time you have custody of your child may affect the amount of child support you will have to pay.
To calculate child support on your own, the very first thing you need to do is look at the Child Support Schedule. You will need to add your and your spouse’s adjusted gross incomes together. You will need that number, otherwise known as the combined adjusted monthly gross income, in order to use the Child Support Schedule. The combined income number is depicted in the first column of the schedule. Follow down the first column until you reach your number, then move one column to the right for each child you and your spouse have together. The Child Support Schedule can be found below.
For example, if you make $3,000 per month, and your spouse makes $1,800 per month, your combined adjusted monthly gross income is $4,800 per month. Let’s say that you and your spouse have two children together. If you follow the first column of the schedule down to $4,800, and then move two columns directly to the right (one for each child), you find that the support obligation is $1,182. This is the base number that all calculations for child support will start with
From here, the court will then take into account the type of custody arrangement you and your spouse have. Worksheet A is used for joint custody and split custody. Worksheet B is used for shared custody.
For help calculating child support for a joint custody arrangement, click here.
For help calculating child support for a split custody arrangement, click here.
For help calculating child support for a shared custody arrangement, click here.
For help calculating child support for a sole custody arrangement, click here.
When do I have to pay child support?
Legally, an obligation for child support will begin no earlier than the date of filing the pleadings that include a request for child support. By requesting child support in the pleadings, you reserve the right to retroactive child support payments. This means that so long as child support is requested in the pleadings, when the court order for child support is issued months later, you will be able to receive payments from the elapsed months. The date that a petition requesting child support is filed is the earliest that child support payments will begin to accrue from.
Generally, actual payments will begin to be made after a court order is issued.
Can child support be modified?
Yes. The court has the discretion in modifying child support orders. The party seeking to change the child support obligation must show a material change in circumstance in order for the court to grant a modification to the child support order. While there is no exact definition given by law of what amount to a “material change in circumstance”, the change must be significant enough that it would affect the welfare of the child.
For example, a parent that is required to pay child support will likely be unable to prove a material change if he made $2,000 and now makes $1,950 per month. However, a parent who made $2,000 and now makes $600 per month, and lost his apartment due to wage loss will have a greater chance at overcoming the “material” threshold. On the flipside, if the paying parent begins to make double what he used to, moved into a larger home, and is now offered health insurance through work, that parent may be subject to an increase in child support.
How long do I have to pay child support for?
Child support will continue until the child reaches the age of majority (18) or becomes emancipated. Once the child is eighteen or emancipated, the obligation for child support will terminate automatically. No action will need to be taken by the paying spouse to terminate their obligation to child support.
If the child reaches eighteen, remains unmarried, is in school full time, has not yet turned nineteen, and is dependent on one parent, child support may continue. Child support may also continue until the child is twenty-two if the child has a disability and is a full time student.
Can child support be terminated?
Child support will continue until the child reaches the age of majority (18) or becomes emancipated. Once the child is eighteen or emancipated, the obligation for child support will terminate automatically. No action will need to be taken by the paying spouse to terminate their obligation to child support. If the child reaches eighteen, remains unmarried, is in school full time, has not yet turned nineteen, and is dependent on one parent, child support may continue. Child support may also continue until the child is twenty-two if the child has a disability and is a full time student. Child support may also be terminated if the court finds that it is no longer necessary. An example of child support no longer being necessary would be a change of custody.
For example, if the child is living with his mom, and at age 15 decides that he would rather live with his dad. Both parents are willing to accommodate their child’s wishes. Since the child was living with his mom, the dad was likely paying child support. In order to protect himself from being liable for child support due to the court order, the dad needs to file paperwork with the court asking for the termination of his child support obligation since the child is now living with him and the support is no longer necessary.
How do I get out of paying child support?
Parents of children always have an obligation for child support. In order to rid of your obligation to pay child support, you will have to prove that you are not a parent of the child. This is more commonly seen with fathers in disputing paternity.
Under Louisiana law, when a child is born during a marriage (or within 300 days after the marriage ends), the husband and wife are presumed to be the mother and father of the child. However, if the child is born outside the marriage, the father will not be liable as a parent for child support until paternity is established. If the mother gets remarried before the child is born, the first husband is presumed to be the father of the child still. However, if the first husband obtains a judgment of disavowal, the new husband will be presumed to be the father. To disavowal paternity means to challenge the parent-child relationship. A man may disavowal paternity by demonstrating to the court that he is not the father with clear evidence. In some cases, this may be as simple as having the biological father testify that he is the father and not you. In other cases, it may be much more difficult to prove that you are not the father. If you are able to prove that you are not the father of the child, you will not be liable for child support.
In a case where the child is born outside of 300 days after the marriage, and the mother has not remarried, she will need to take the necessary steps to prove a man’s paternity. This may be done in a few ways including:
- An affidavit of acknowledgement (through which a father declares and admits he is the father);
- Court proceedings;
- Genetic testing
The Department of Children and Family Services helps with establishing paternity.
What is a hearing officer conference?
Hearing Officer Conferences are used to expedite matters in Family Court. If you are getting a divorce, whether there are minor children of the marriage or not, you will be assigned a Hearing Officer Conference. From the date of filing your pleadings, it generally takes 6-8 weeks to obtain a date for a Hearing Officer Conference depending on the time of year and the volume of the court. Louisiana law permits a Hearing Officer to make a written recommendation to the court concerning domestic and family matter such as custody, visitation, and support. The Hearing Officer will consider many of the same factors that the court will in its determination. Most importantly, the hearing officer is concerned with the best interests of the child if one is involved.
You and your spouse will need to submit certain information to the Hearing Officer and to each other prior to your scheduled Hearing Officer Conference. On the day of your Hearing Officer Conference, you and your attorney be present along with your spouse and their attorney. Depending on which parish you are in, the attorneys may go speak with the Hearing Officer before the spouses join them, or the spouses and attorneys may go in together. In Calcasieu Parish, the attorneys will go in and meet with the Hearing Officer before the spouses join them if need be. The Hearing Officer will take into consideration the information in the pleadings and the information presented at the conference and make a written recommendation. The recommendation may include things such as:
- The custody arrangement for the spouses;
- The visitation arrangement for the spouses;
- Child support arrangement;
- Spousal support;
- Community property arrangements
The Hearing Officer’s recommendation will be added to the court record.
Then, one of two things can happen; (1) the parties can agree on the recommendation, or (2) the parties can object to the recommendation. If the parties agree on the recommendation, the Hearing Officer’s Recommendation will become final once the judge signs the final order. This means that was was contained in the Hearing Officer’s Recommendation will be the order by which the spouses are to live by. If the parties disagree with what was included in the Hearing Officer’s Recommendation, a written objection may be filed within 5 days of transmission of a copy of the recommendation. If either party files a written objection, the parties will proceed to a Rule Date. In the time between the conference and waiting for a Rule Date, the Hearing Officer’s recommendation will essentially become a temporary order. On the day of the Rule Date, your attorney will go to court on your behalf (you may or may not need to be present). If you and your spouse have come to an agreement concerning your situation, this agreement can be entered into the court and made final on the Rule Date. If you and your spouse have not come to an agreement by the Rule Date, your attorney will request a Hearing. All the while, the Hearing Officer’s recommendation is still in effect. At the hearing, the judge will take into consideration the recommendation from the Hearing Officer and consider all other evidence before making a determination. After making a determination, the court will then issue a final judgment.
Does everyone have a hearing officer conference?
Yes. Anyone who files pleadings in Family Court will be assigned a rule date. If you and your spouse are able to resolve your issues and come to an agreement about your situation prior to the date of the Hearing Officer Conference, this agreement can be entered with the court and become a final judgment without having to attend your Hearing Officer Conference.
Can I object the recommendation the hearing officer makes?
Yes. You have 5 days from the date that the Hearing Officer transmits a copy of their recommendation to you and your spouse to object the recommendation.
How do I collect child support?
In Louisiana, a spouse generally pays child support directly to the other spouse. If this is the case for you, you will receive child support as soon as your spouse gives you the payment. In most cases, when the court orders support, it will be ordered retroactively to the filing date of the petition. If your spouse has been making some payments between the date of filing and the date of the order, they will usually get credit for payments made. If your spouse has not been making any payments during that time, they will generally have thirty (30) days to pay the past amount.
Additionally, the court order will state when child support payments moving forward are to be made. Generally, the payment is split in two equal payments per month (on the 1st and the 15th) and the court will set a “start date” of when those payments are to begin being made. You should receive payments from your spouse on those dates in the specified amount.
When will I receive child support?
In Louisiana, a spouse generally pays child support directly to the other spouse. If this is the case for you, you will receive child support as soon as your spouse gives you the payment. In most cases, when the court orders support, it will be ordered retroactively to the filing date of the petition. If your spouse has been making some payments between the date of filing and the date of the order, they will usually get credit for payments made. If your spouse has not been making any payments during that time, they will generally have thirty (30) days to pay the past amount.
Additionally, the court order will state when child support payments moving forward are to be made. Generally, the payment is split in two equal payments per month (on the 1st and the 15th) and the court will set a “start date” of when those payments are to begin being made. You should receive payments from your spouse on those dates in the specified amount.
Let’s take a look at an example situation:
Jane and Jack have a son named Sam. In January, Jane filed for divorce and sole custody of Sam. A hearing officer conference is set for February 28th (to learn more about what a hearing officer conference is, click here). At the hearing officer conference, the hearing officer determines that Jack’s child support payment is to be $800 per month. In this case, Jack has not been paying any support for Sam since January. This means that he will have 30 days to pay $1600 ($800 for January and $800 for February). The hearing officer has also made the determination that beginning March 1st, Jack is to make two equal payments of $400 on the 1st and 15th of every month. From that point on, that is how Jack will have to pay child support, until and unless the court rules otherwise. If Jack misses a payment for more than 30 days, Jane will likely be able to file for contempt and an income assignment order so that payments will be directly garnished from Jack’s pay and sent to her.
Whether you are receiving or paying child support, it is important to keep records for any disputes that may arise in the future.
How do I pay child support?
If you have been ordered to pay child support, you will generally be making the payments directly to your spouse. If this is the case, you do simply that. It is suggested to make the payments with check or money order so that records are more easily kept of the payments should there be a dispute in the future.
If an income assignment has been ordered by the court for you, your child support payment will come directly out of your paycheck and be delivered to your spouse to fulfill your child support obligation.
What do I do if my spouse stops paying child support?
If child support payments have been missed, arrearages will likely need to be paid. Essentially arrearages are past due child support. The District Attorney’s Office keeps records of arrearages. Arrearages will collect interest until paid in full.
If child support is not being paid, notify your attorney as well as the Department of Children and Family Services. Part of what the department does is enforce child support orders by garnishing wages, suspending motor vehicle registration, suspending licenses, intercepting tax refunds, or denying passports. The department also helps in locating parents who are not paying their child support obligations. When the Department of Children and Family Services is providing support enforcement services, the department will either institute an action in court to help secure the payments owed.
It is important to let your attorney know since you may be able to initiate a court action for contempt against the parent not paying child support. Their willful disobedience of the judgment for child support constitutes a contempt of court.
If you fail to pay child support, there are criminal penalties. If a child support obligation remains unpaid for longer than six months at an amount greater than $2,500, that parent is in violation of Louisiana law. For a first offense, the parent is subject to a $500 fine and up to 6 months in prison. If there is a second or additional offence, the parent is subject to a $2,500 fine and imprisonment with hard labor for up to two years. Additionally, the parent will be ordered to pay the owed child support that exists at the time of sentencing. If a parent has failed to pay support and you choose to file court action to secure payment, the other parent will be responsible for your attorney’s fees.
It should be noted that even if your spouse is late of failing to make child support payments, you should not restrict visitation with your child since you too would likely be in violation of the court order.
If my spouse stops paying child support can I prevent visitation?
No. Even if your spouse is failing to pay their child support, you should no restrict visitation with your child since you too would likely be in violation of the court order as well. If your spouse is not making their court ordered child support payments, notify your attorney so that proper action may be taken. You should also notify the Department of Children and Family Services.
To read more about what to do if your spouse fails to make their child support payments, see “What do I do if my spouse stops paying child support?”.
Do stepparents have to pay child support?
In Louisiana, stepparents do not have an obligation to pay child support unless they have adopted the child.
Let’s take a look at an example situation:
Jane has her son John from a prior marriage. Jane remarries Charles. Charles adopts John. Five years later Jane and Charles decide to get a divorce. Since Charles adopted John, the courts will view him as a parent of the child. Therefore, Charles will be liable for child support for John.
What is the Uniform Interstate Family Act?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been adopted by Louisiana along with forty-eight other states. The UCCJEA aims to provide continuing jurisdiction to a single state in custody matters. The act says jurisdiction will be proper in the child’s home state. The home state is where the child has been living for the previous six months. If the child is younger than six months old, the home state will be the state listed on the child’s birth certificate. That state will have continuing jurisdiction over all custody matters pertaining to that child until that state’s court, or another court, determines from substantial evidence that the child, nor the parents, have substantial connections with that state.
The goal of the UCCJEA is to not have conflicting orders between different states. This way, all parties involved are on the same page and have the same information. This helps to lessen disputes over custody orders and expedite the custody process.
Which Child Support Worksheet do I use?
Depending on the custody arrangement that you and your spouse have, the court will complete a Child Support Worksheet to calculate the child support owed from each or either parent. Worksheet A is used for joint custody and split custody. Worksheet B is used for shared custody.
If my ex remarries, will this affect the child support he or she pays?
No. A parent that remarries is still under an obligation to pay their portion of child support unless the support is terminated by the child reaching the age of majority (18 years of age) or it can be shown to the court that the support is no longer necessary.
What is the Child Support Schedule?
The Child Support Schedule is a table that is used in Louisiana in determining the base amount of child support. The schedule is based off of the couple’s combined adjusted monthly gross income.
Gross income means the income from any source including, but not limited to:
- Wages
- Salaries
- Bonuses
- Pensions
- Social Security Benefits
- Unemployment Benefits
- Workers’ Compensation Benefits
- Spousal Support from a previous obligation
Gross income does not include:
- Child support received
- Benefits from any public assistance programs
- Per Diem Allowances
Adjusted gross income means gross income, minus amounts from pre-existing child support or spousal support obligations paid to a third party, or on behalf of a child who is not the subject of this child support proceeding. Therefore, combined adjusted gross income is the adjusted gross income amounts for each parent added together.