Family Law Advisor®
Frequently Asked Questions
- Child Support -
1) How is child support calculated?
-
Every state has "child support guidelines" that apply a percentage to the non-custodial parent’s income.
2) How do I calculate this amount?
-
Ask you local court for a child support worksheet along with
instructions. For an example, see the Massachusetts worksheet within
this site.
3) My ex-spouse is delinquent in child support payments. How can I
enforce the court order?
- You can bring a contempt of court proceeding (see contempt FAQ’s)
and ask for a wage assignment.
4) That all sounds complicated and I can’t afford a lawyer. Can I
get help?
- Yes, ask the court to put you in touch with the state agency
responsible for enforcement.
5) I am worried that my former spouse will file for bankruptcy. Can
he avoid paying child support if he is in bankruptcy?
- Absolutely not. The federal bankruptcy code exempts child
support and alimony.
6) Do I have to report my child support payments as taxable income
on my federal income tax return?
- No.
7) Does that mean my "ex" can’t deduct the child support he pays?
- You got it.
8) Can this change if we both agree?
- No, but you can transfer the child dependency exemption from the
custodial parent to the non-custodial parent, provided the custodial
parent completes and signs IRS form 8332.
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