How much does child support cost?
How much does child support cost?
Child support amounts vary across the United States, as the monthly support payment is determined by the court based on the child custody arrangement, both parents' finances, and the child's needs. Each state has its own formula and guidelines to ensure the child receives appropriate financial support from both parents.
Child support amounts vary across the United States, as the monthly support payment is determined by the court based on the child custody arrangement, both parents' finances, and the child's needs. Each state has its own formula and guidelines to ensure the child receives appropriate financial support from both parents.
Child support cost
In addition to the monthly child support payments determined by the court, the legal process of establishing or modifying child support involves other fees and costs, such as attorney and administrative fees. These costs vary depending on your location, the complexity of your case, and your attorney's experience.
| Child support fees | Average cost |
|---|---|
| Attorney fees | $100 – $500 per hour |
| Court filing fees | $10 – $150 per application |
| Mediation costs | $60 – $120 per session (charged to both parties) |
| Low-cost or free legal assistance | Varies by income |
Child support lawyer cost
A child support lawyer costs $100 to $500 per hour, with clients spending $2,500 to $5,000 on a straightforward child support case. A more complex case can cost $5,000 to $25,000 or more. A child support lawyer can help you navigate the court system or enforcement process, ensuring your child gets the full financial support they require.
Court filing fees
Court filing fees are administrative charges levied by the court system to cover the cost of processing legal documents related to the child support case. These fees vary depending on the state, county, and type of case. Parents typically pay filing fees upfront when submitting their paperwork.
Most courts charge $10 to $35 in filing fees for hearings to review or change a child support order. Modifications, administrative appeals, or contempt charges have higher fees from $50 to $150.
Mediation cost
Child support mediation costs cover the mediator's time and expertise in facilitating a discussion between the parents to reach an agreement on child support. Mediation costs for child support cases range from $60 to $120 per session, charged to both parties. This cost depends on the combined annual gross income of the parties.
While it might seem like an extra expense, mediation can be a worthwhile investment, as reaching an agreement during mediation is often faster and cheaper than going to court. A mediator can also help you find a solution that works for both parties while reducing conflict between the parents.
Low-cost or free legal assistance
Eligibility for legal aid programs depends on your income. The following resources can help you find programs in your area and determine if you qualify for free or low-cost legal assistance.
Legal Services Corporation (LSC): The LSC is a federal agency that funds legal aid programs across the country. Find a program near you by entering your zip code on their website.
LawHelp.org: This website connects low-income individuals with free legal resources, including information on child support and legal aid programs in their area.
American Bar Association (ABA) Free Legal Answers: The ABA offers a program where volunteer lawyers answer legal questions submitted online. While they cannot provide ongoing legal representation, it can be a helpful resource for initial guidance on child support issues.
ABA Directory of Law School Pro Bono Programs: Many law schools have pro bono programs where law students supervised by licensed attorneys provide free legal services. The ABA website directory can help you find programs in your state.
Some states have self-help resources available for child support cases through their court websites. Search online for "[your state name] child support self-help" for helpful information.
What is child support?
Child support refers to the payments a noncustodial parent must make to the custodial parent to help cover the child's basic living expenses like food, clothing, housing, healthcare, and education. When a court orders child support, the payments must go directly to the custodial parent, not the child.
States generally only require parents to pay child support until the child turns 18 or leaves high school. Courts may extend this time for children with special needs.
Parents are only legally obligated to support their own biological children, not stepchildren (unless the parent formally adopted the stepchild).
In addition to regular support payments, courts may also order the noncustodial parent to contribute to other child-related expenses like medical bills, extracurricular activities, and private school tuition. However, states disagree on whether support must continue for a child attending college.
Child support cost calculator
Each state has its own guidelines for calculating how much child support parents should pay, but nearly every state starts with each parent’s net income (gross income minus deductions). Many states then use formulas that set support as a percentage of the noncustodial parent’s income.
The formula used to calculate child support amounts often includes:
Number and ages of children: The more children involved, the higher the basic child support obligation to cover living expenses. Age-related expenses like diapers and daycare for younger kids or education and activity costs for older kids may lead to child support modifications over the years.
Standard of living: The court uses the standard of living the child would have had if the family stayed together in their calculation.
Time-sharing arrangement: The more time spent parenting, the less a parent's monthly obligation towards care costs because they are presumably spending more on the children already.
Additional expenses: Child support amounts are based on the actual costs of caring for the children. This includes factoring in child care, health insurance, and other medical or dental costs unless the parenting plan already addresses these.
For more information about how child support works, visit your local child support office.
Child support modifications
Child support agreements can be changed if there is a significant, long-lasting, and unexpected change in one or both parents' situations. Common reasons to modify child support include:
Significant changes in the parents' incomes (increase or decrease)
Changes in the child's needs or expenses (healthcare, education, etc.)
Substantial changes to the parenting time/custody arrangement
To modify child support, you'll need to file a request with the court that made the original order. The other parent must be notified, and there might be a hearing where both sides can present information. If both parents agree on the changes, they can submit a written agreement to the court instead of having a hearing.
Child support enforcement
Courts take the enforcement of child support orders seriously, as the support is essential in providing for the children's well-being. There are several methods in place to enforce child support:
Wage garnishment: The court can order the non-paying parent's employer to withhold a portion of their wages to pay the child support.
Tax refund interception: The government can seize the non-paying parent's tax refunds to pay overdue child support.
License suspension: Driving, professional, and recreational licenses can be suspended for failure to pay child support.
Credit reporting: Non-payment of child support can be reported to credit agencies, damaging the parent's credit.
Contempt of court charges: The courts can hold the non-paying parent in contempt, leading to fines or even jail time.
Child support FAQs
Is child support taxable?
Child support payments are not taxable income for the recipient, nor are they tax-deductible for the payer. Child support is a non-taxable transfer between parents to cover the child's basic living expenses.
Does child support count as income?
No, child support does not count as income for the parent receiving it. The payments are considered “tax neutral” meaning they are not taxable income and the parent receiving child support does not have to report it as income on their tax return.
Can you go to jail for not paying child support?
Yes, you can go to jail for failing to pay court-ordered child support in the United States. The courts typically view jail time as a last resort measure for cases involving willful and continuous nonpayment of child support, where other enforcement methods have proven ineffective.
Do I need a lawyer for child support?
While not legally required, consulting a child support attorney is highly recommended to ensure your interests are properly represented and your child receives the full financial support they are entitled to under the law.
Questions to ask a child support attorney
A family law or child support attorney can offer specific advice based on your state's laws and your unique situation. The following questions are a starting point to guide you, but they may not cover everything you need to ask. The specific questions you have will depend on your particular circumstances.
Do you have experience handling child support cases similar to mine?
What are your fees associated with child support cases?
How can I best prepare for a consultation with you?
How is the amount of child support determined in my state?
What factors will the court consider when calculating child support?
Do I need to provide any documentation to support my income or expenses?
What if my ex-spouse is self-employed or has a fluctuating income?
What if we have shared custody?
What is the process for filing for child support?
What is your estimated timeline for resolving my case?
Can you represent me in court if necessary?
How long will it take to start receiving child support payments?
What happens if my ex-spouse refuses to pay child support?
How can I enforce a child support order?
Under what circumstances can I modify an existing child support order?
What is the process for modifying child support?
How will you represent me in a child support modification case?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.