There’s no other way to put it: the child support system often seems biased against fathers. From outmoded stereotypes and assumptions to the failure to consider joint custody arrangements when determining child support, it’s no wonder that many fathers believe the courts are working against them. Regardless of the arguments or evidence the father presents at trial, the child support order that the judge hands down may feel imbalanced, unrealistic, and inequitable.
When it comes to child support matters, having legal representation is essential to protecting your rights. It starts with understanding how these cases work and which steps you can take to position yourself for the most optimal outcome in court. A dedicated child support lawyer will listen to your concerns, review the facts, and then develop a personalized legal strategy to mitigate against harsh results.
Why the System Often Feels Stacked Against Fathers
Although society has changed drastically in the last few decades, reshaping the roles of parents and their relationships with their children, the laws and courts have not always kept up. At the same time, many fathers believe they are treated as a collective class rather than as individuals, with courts overlooking the unique circumstances of their cases.
These are a few of the reasons that dads view the child support system as not only imperfect but discriminatory:
Outdated gender stereotypes: For generations, mothers were seen as the primary caregivers who raised the children while fathers were viewed as the primary breadwinners who earned the money. This naturally translated into a legal paradigm that tended to award custody to the moms and support obligations to the dads.
Limited parenting time: Since courts are still inclined to award primary custody to the mother, while the father is awarded a limited amount of visitation, fathers feel that they are cut out of parental influence over the child. This sentiment is only aggravated when the court issues a support order that is not based on the amount of time both parents spend with the child, typically resulting in higher payments for the dad.
Income differences: Child support orders are usually based on the respective incomes of both parents, and the parent who earns less may not have to pay much, if any, support. While in theory, this should mean that a father who earns less shouldn’t have to pay as much support, dads often believe that judges don’t take their financial struggles into consideration.
Inflexible orders: Court orders are generally written in a way that minimizes arbitrary verbiage, leaving the parties with little latitude. But child support orders can come across as inflexible, completely incapable of being adapted to the real-life situations that dads encounter every day: downsizing, job loss, reduced hours, and higher living expenses.
Undervalued in-kind contributions: Since child support orders are primarily concerned with financial contributions, judges rarely, if ever, take a father’s in-kind contributions into account. Fathers increasingly spend quality time with their children, actively parenting and facilitating their children’s development, but their dedication is often overlooked in the final analysis.
How is Child Support Calculated?
Child support is intended to help parents pay a share of a child’s financial expenses. Every state has its own approach to calculating child support. Broadly, both New York and New Jersey courts take the parents’ incomes into consideration (while defining “income” differently) along with other factors. Thankfully, In New Jersey, one of those other factors may be the respective amount of parenting time between the parents.
Due to the complexities of these calculations, however, even a shared custody situation does not always amount to a 50/50 split in the child support obligation. This leaves fathers in the uncomfortable situation of believing that, despite their best efforts to spend more time with their children, they are left on the hook to pay more and see their children less. Formulas are useful for standardizing the process, as reflected in New York’s and New Jersey’s handling of child support. But they don’t necessarily account for the realities of a parent’s daily life.
That’s because, even with these formulas, courts must make judgment calls that affect the ultimate calculation. For instance, a father may not be earning as much money as he could if the economy were better and more hours were available. Nonetheless, there are cases in which judges are allowed to impute a higher amount of income to the father. But this doesn’t mean that imputed income fairly accounts for a father’s overall financial situation.
What Happens When Your Financial Situation Changes?
If your finances change and you are no longer able to make payments pursuant to the current child support order, you do have the right to request a modification. However, it’s not as simple as being unable to pay and asking the judge to change the order. For instance, in New York, a parent wishing to modify must prove that one of the following has taken place since the prior order was entered:
- There has been a substantial change in circumstances, such as a permanent job loss; or
- It’s been three years since the order was entered or modified; or
- A parent’s gross income has involuntarily changed by 15% or more.
Similar change-of-circumstances rules apply in New Jersey. However, proving these elements can be challenging, and it is highly likely the other parent will contest the modification request. This may mean that you are stuck paying child support based on outdated and inaccurate income information. Yet if you find yourself unable to pay, the court may sanction you with contempt, wage garnishment, and other penalties.
Situations like these, in which fathers try in good faith to abide by the court’s rules yet receive no sympathy or relief, can be deeply discouraging. Should you find yourself dealing with what feels like an unfair order, it is important to retain a seasoned child support modification attorney to advocate for you.
What Fathers Can Do to Protect Their Rights
If you feel like the system is against you, there is hope. By taking a few basic steps, you can protect your rights and interests while working toward the best possible outcome for your child support matters:
Request a modification as soon as you start experiencing problems: If you are struggling to make payments, the time is now to seek a modification. Changes are not retroactive prior to the filing date, so failure to pay can still render you in breach of an order now even if payments change later. Document exactly why you are having financial difficulties.
Work with a knowledgeable attorney: You deserve legal representation that meets you where you are. That means having a law firm that not only knows the law but also understands the unique circumstances and challenges you face as a father. Your attorney should listen to your side of the story with an open mind and be ready to present a compelling legal case.
If the Situation Isn’t Fair, It’s Time to Push Back
The child support system may have good intentions, but it often doesn’t feel that way because fathers do not believe they are truly heard. But you can change that. Having a legal representative in your corner is the best way to improve your outcomes. If you believe the court isn’t listening to you and giving you a fair hearing, take control back by reaching out to an experienced child support lawyer.