Debunking Common Myths About Child Support

In the realm of family law, child support is an area fraught with misconceptions and myths. These myths can create unnecessary confusion and stress for parents navigating the complexities of child support systems. Whether you’re a single parent, legal professional, or financial advisor working with families, it’s crucial to clear the air on some of these widely held but incorrect beliefs. In this blog post, we’ll address and debunk three common myths surrounding child support to promote a clearer understanding for all parties involved.

Myth 1: The Judge Decides the Child Support Amount

A pervasive myth that we hear about child support is that the judge decides what the child support amount is, and who pays it. While that may be the case in other jurisdictions, child support in Utah is governed by a statutory child support calculation worksheet. This worksheet is what the courts use to determine the child support order.
The child support worksheet that is used in Utah takes numerous things into account. Among those things are the income of both parties, the number of children in need of support, and the custody schedule (how many overnights each parent has with the children). Once that information is entered into the worksheet, it will produce a child support amount and indicate which parent pays the child support.

Courts are hesitant to deviate from the child support worksheet, so the amount that is given by the worksheet is likely going to be what is ordered by the court. It’s also worth noting that this worksheet can be found online, so parents who are facing a child support case could benefit from using the worksheet to set their expectations for child support.

Key Takeaway: In Utah, the child support worksheet will likely determine what the court will order for child support.

Myth 2: The Paying Parent Can Decide How Child Support Money Is Spent

Another common myth is that the parent making child support payments has a right to dictate how the receiving parent spends that money. This belief often leads to tensions and disagreements between parents. It’s important to recognize that child support is intended to contribute to a range of expenses related to raising a child, which includes more than just the basics like food and clothing.

While it’s true that child support covers essential needs, it also helps with housing costs, school fees, medical expenses, and extracurricular activities among other things. The receiving parent has discretion to use child support funds in a manner that they believe best serves their child’s needs and interests. Unless there is evidence that child support is being misused in a way that negatively affects the child’s well-being, courts generally do not monitor or control spending.

Key Takeaway: Trust is a fundamental aspect of the child support system, operating on the principle that each parent will act in the child’s best interest.

Myth 3: If You Have 50/50 Custody, You Don’t Need to Pay Child Support

This myth ignores some of the things that go into determining a child support award. As mentioned earlier, in Utah, a child support order will likely be determined by the child support worksheet. One of the crucial pieces of information that is entered to that worksheet is income. So, even if the custody schedule is 50/50, but one parent has a higher income than the other parent, the higher-earning parent may still be required to pay child support.

For example, using the child support worksheet that is used by the courts in Utah, if one parent earns $10,000/month and the other parent earns $5,000/month, the latter parent will be ordered to pay over $400/month in child support, even if the custody schedule is 50/50. This illustrates that income is an important consideration when determining child support.

Key Takeaway: Child support is determined by more than just the custody schedule. Factors like parent income will change the child support order.

Conclusion

Debunking these common myths about child support is crucial for all parties involved to understand their rights, obligations, and the intent behind these payments. For parents, legal professionals, and financial advisors, gaining a comprehensive understanding of child support can help manage expectations, reduce conflicts, and ultimately, ensure the best outcomes for the children at the heart of these matters. Remember, laws and regulations can vary significantly by jurisdiction, so it’s always wise to consult with a legal professional in your area for specific advice and guidance.

The attorneys at Fontenot Law have a wealth of experience dealing with cases in which child support is a contested issue, like divorces and custody cases, so they know how to fight for the best outcome for you. You can call (801) 392-1330 or text (805) 835-4042 to get in contact with us and schedule your free case evaluation!