The 10 Biggest Child Support Myths

1. Myth: My ex uses the child support check to eat out and go to movies so the judge should let me reduce the support. Reality: That argument about child support will never-ever fly in court. The thinking of the judge is that the custodial parent pays for a roof over the children's heads and that is the ultimate purpose of support.
2. Myth: My expenses are really high and I cannot afford child support - so it should be reduced. Reality: In most cases your expenses are not considered. To be considered in child support calculations expenses have to be extreme and absolutely essential - such as medical expenses. Normal everyday expenses are not relevant in court.
3. Myth: Child support is tax deductable. Reality: Child support payments are neither deductible by the paying parent nor claimable as income by the receiving parent.
4. Myth: Child support will automatically end when my child turns 18. Reality: Only a judge can terminate child support. Nothing is automatic about it.
5. Myth: If I have more children with a new spouse my child support will decrease. Reality: Not true. New children do not justify reducing support to a prior spouse. The only time new children will affect an existing support order is if you get another divorce and are ordered to pay support for a second set of children.
6. Myth: My spouse says he/she can modify support and also take my new house and bank account. Reality: The only thing on the table in a later modification is the amount of child support going forward. Assets cannot be taken and are normally not considered.
7. Myth: My spouse says he/she will modify support back to the time my income increases - four years ago. Reality: In a modification case child support can be modified back to the date the new modification petition was filed - and not one day before.
8. Myth: I lost my job, can't pay my support, and now I will be sent to jail. Reality: You can only go to jail if you have the capability to pay your support but refuse to pay your support. In other words: you must have the ability to pay in order to be punished for non-payment.
9. Myth: I can move to another state and avoid child support. Reality: Each state has an enforcement agency and they all work together.  Sorry - there is no easy escape!
10. Myth: I can quit my job on purpose and escape all child support obligations. Reality: Maybe not. While there are some people that appear to succeed with this strategy - most will fail. The courts are allowed to "impute" income to someone that quits their job on purpose. That means they will still calculate support on a certain theoretical income - whether you are really earning that income or not.
    
    

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