Child Support Myths Debunked: Part Two
In part two of our series on child support myths, we debunk three more common but false beliefs. These myths are related to child support and placement issues.
MYTH 1: If my ex doesn’t pay their court ordered child support, then they don’t get their court ordered placement time.
This is a common belief, as the amount of placement a parent has is considered when determining child support. However, they are only related in making this determination. They aren’t related for issues related to the actual paying of child support. While there are specific processes to make a parent pay their child support, denying a parent’s placement time is not an appropriate response. The Court believes that altering a child’s parenting relationship over financial issues isn’t worth the impact. Thus, denying a parent’s placement because they haven’t paid child support is a violation of the court’s placement order. This puts you at risk of being found in contempt of court.
Myth 2: If my child’s other parent withholds my placement, I don’t have to pay child support during the time I am denied placement.
Once again, the payment of child support and placement are not related in the eyes of the courts. There are other ways to make a parent follow a court ordered placement schedule. Many of these awards make up time and reimbursement of costs for having to make the court force the parent to follow the order. While you go through that process, you must continue to pay child support payments. Even if the other parent remains combative.
Myth 3: If my child’s parent agrees to let me have primary placement, I can agree that they do not have to pay child support.
Child support payments are established by law. The court must follow guidelines when it comes to ordering child support. They often require the court to make arrangements for health insurance coverage and allocate tax benefits between the parties. However the Court will approve parents’ agreement for support if reasonable under the child support guidelines and the arrangement provides for the child’s needs.
Conversely, the Court will not approve an agreement if it is too far off from what the child support guidelines state. The guidelines make sure that children’s financial needs are met and their standard of living is consistent.
Debunking Common Child Support Myths
Do you have a myth you want us to review and debunk? Send an email to alexmderr@gmail.com and we’ll review your suggestions! Check back soon for our next blog in our “Debunking Common Child Support Myths” Series!
Lisa Derr
Lisa Derr is an experienced Divorce and Family Mediator with three offices in east central Wisconsin. She started the family mediation practice in 1995. Lisa earned her BA in psychology from the University of Wisconsin in 1984 in four years despite a serious car accident that involved a 2-month hospital stay. She began practicing law in 1987. For the first 8 years of her career, Lisa litigated personal injury and divorce cases. But she was frustrated with the tremendous financial and emotional cost of divorce trials. Contested hearings inhibited reconciliation and healing for thewhole family. She started the Beaver Dam divorce mediation practice in 1995 and with her partner, Cassel Villarreal, expanded to Oshkosh and West Bend ten years later.