Introduction to Child Support
This is the first of a series of articles walking through the child support guidelines in Missouri. If you, your child, or the other parent does not live in Missouri, this may not apply to you even though some parts may be applicable to how other states handle the same issues or make calculations.
There is one thing parents can usually agree on: kids are expensive. You love your kids and you want them to have the best. Too often, the best is determined by your budget. This is made even harder when you go from a joint income household to a single income household through a divorce or separation from the other parent. The way Missouri determines how much support is ordered is with the Form 14 and guidelines: https://www.courts.mo.gov/page.jsp?id=638 Any time someone says child support worksheet or child support calculations in Missouri, they are referring to this Form 14. Child support is meant to help provide for the kids when the parents no longer have a combined income and there are two sets of bills for each house. There are a lot of caveats and exceptions to determining child support, and the legal bodies that help codify these rules and guidelines have done their best to anticipate the costs of kids with a common baseline across the state. It is updated frequently to cover issues that repeatedly come up or situations that had not been considered before, as well as to tweak the figures used in the form.
This article and the subsequent articles following will go through my process of determining child support. If you are trying to get a custody order in Missouri, you must have a Form 14 completed even if you agree to not paying any support. Take a look at the Form 14 and follow along with all the posts about child support. There is a lot of information needed to complete the form. Even then, what is or is not important can vary among counties across the state and within courtrooms in the same county. Keep in mind, judges have discretion in deciding what goes in the Form 14 when the parents cannot agree, and every judge is different. That is why it is important for every parent to consult with an attorney and go through a Form 14 line by line. An attorney can help ensure everything is being considered appropriately based upon your family’s needs and the courtroom handling your matter. I go over child support calculations with every client to make sure they understand what goes in to the form and how it might change in the future.
Who Pays Support?
Let’s get one of the most common myths dispelled right away: filing for custody first does not mean you will receive child support. It does not matter who filed first or which parent is the “Petitioner” (filing party) or “Respondent” (responding party).
When I begin working with my clients on the issues of child support, I gather the information I need to go from top to bottom on the child support worksheet. When looking over the form, on the left are descriptions to help figure out what amount to write and on the right half are three columns where you write the amounts. The three right hand columns are titled “Parent Receiving Support,” “Parent Paying Support,” and “Combined,” and there are blank spots where you can write amounts relating to each. The very first description on Line 1 is “Monthly Gross Income.” That means the first step I take when figuring out child support is who will receive support so I know which income goes in which spot. Determining which parent pays support focuses on these things to start: the amount parenting time each parent has, and how much each parent earns gross per month. Ideally, parenting time is established without considering child support and then child support is calculated. By the time I’m preparing child support, my clients and I have already determined possible parenting times and other custody related issues. Child support should come after determining what works for the children and their parents for their time together.
Not sure what amount of parenting time you have or can get? Parenting time is often a matter of logistics. Consider this when thinking about what works for you: What is you and your kids’ routines? You will need to know the parents’ work schedules and where they reside. Figure out how far away the school is from the residences and transportation to and from school. Determine where and when the kids need to be at their lessons and activities after school or during weekends and summertime. Essentially, think about all the things that may impact the ability of the parents to physically get the kids to and from events and exchange custody. To read more about parenting time and physical custody, see my other post here: Child Custody.
Often, the parent who has more parenting time usually receives child support. If one parent gets every other weekend and a night or two during the week, that parent will likely pay child support regardless of how much they earn. And yes, I have had cases where the lower earning parent is paying the higher earning parent because of parenting time. If parenting time is divided more evenly between parents, such as alternating weeks, then often it comes down to how much each parent earns. If parenting time is as equal as can be but one parent earns $2,000 gross per month and the other earns $6,000 gross per month, the parent who earns more will likely be paying support. Why? It goes back to providing for the kids as if both parents were still using a combined income. Not using any information other than gross income of parents and parenting time, the idea is that the parent with less income is the one who needs the support to ensure he or she is providing as similar an environment as the higher earning parent for the children while with him or her.
Sometimes, I calculate two different forms, one for each parent as the paying parent. It can help show parents and the court how shared expenses and differences in income impact the final amount of support. Support can still be ordered even when incomes are similar and parenting times are evenly split due to how expenses and credits are included in the form. Once who is likely to receive support is determined or I decide to make two worksheets, I start working through the form itself.