Child support can be incredibly confusing to navigate, and that complexity isn’t helped by the number of custody myths that exist. With that in mind, I decided to put together a list of common myths I hear, along with the corresponding facts.  

Take a look below, and feel free to pass this list along to anyone in your life who may find it useful. 

The Basis of Child Support Payments 

Myth: Child support is determined based on the child’s needs. 

Fact: Child support payments are actually calculated based on the parents’ earning capacities, not directly on the child’s needs. 

Use of Child Support Funds 

Myth: Child support must be strictly spent on the child. 

Fact: There is no requirement for the recipient to account for how child support payments are spent, as long as the child’s basic needs are being met. 

Evading Child Support 

Myth: Moving out of state can help avoid child support obligations. 

Fact: Child support enforcement is a nationwide system; relocating does not absolve these obligations. 

Employment Status and Child Support 

Myth: Quitting a job will stop child support obligations. 

Fact: The court can impute income, meaning it can assign an earning potential to a non-working parent, and child support obligations continue. 

Job Loss and Legal Consequences 

Myth: Losing a job and failing to pay child support leads to jail. 

Fact: Incarceration is only a consequence for those who can pay but choose not to. Legitimate loss of income is taken into consideration. 

Custodial Parent’s Expenditures 

Myth: Excessive spending by the custodial parent should reduce child support. 

Fact: The focus is on whether the child’s basic needs are met; the custodial parent’s additional expenditures are generally not considered. 

Personal Expenses and Child Support 

Myth: High personal expenses should lower my child support payments. 

Fact: Only necessary and extreme expenses might influence child support adjustments. 

Tax Implications of Child Support 

Myth: Child support payments are tax-deductible. 

Fact: Child support is neither deductible for the payer nor taxable income for the recipient. 

Understanding the legalities of custody is so crucial to setting realistic expectations and making informed decisions.