Why can’t I determine child support myself?

Child support obligations are often difficult to bear for the paying parent, and can seem unfairly harsh, depending on the size of the required payments. Many parents receive a child support order and find that it is much more than they want to pay or feel they should have to pay, and wonder why they cannot determine their level of child support themselves.

Unlike a divorce settlement, child support is not left up to parents to decide, because this support is the legal right of the child. A court may place a premium on the best interests of a child, making the preferences of the parents a secondary concern at best. While this may sound cruel or unsympathetic to the paying parent’s circumstances, the court determines child support based on what it believes is best for the child within the means of the paying parent, not what is best for the parent.

Courts examine the resources of each parent to determine what it believes is fair, but you may find that the burden of child support is too much to carry, especially if your circumstances change. In these instances, you may want to consider petitioning the court for a modification.

If you face a frustrating child support issue, then you must address it as soon as possible, both for your own sake and for the sake of your child. An experienced attorney is an excellent resource to help you navigate this difficult area and ensure that your rights remain secure while you work towards a fair child support solution that addresses both your needs and the rights of the child you love.

Source: FindLaw, “How to Calculate Child Support,” accessed March 06, 2018