Generally, child support can be defined as money paid directly from one parent to the other for the general purpose of sharing the financial burden of raising a child. This amount is determined by a court in divorce, post-divorce, or parental rights & responsibilities cases brought before it.
In Maine both parents have a responsibility to financially support their minor child. When parents are living together it is presumed that they both are financially supporting the minor child in some fashion — whether that be paying for necessities like groceries or rent, or providing care for the child in or out of the home. However, when parents are living separately, child support is often paid from one parent to the other to ensure the financial support of the minor child is fairly shared between the parents.
Frequently, and for reasons that vary widely from case to case, a minor child ends up living with one parent more than the other. The parent who lives with the minor child a majority of the time is normally deemed to have ‘primary residency’ of the minor child. In most cases the non-primary parent is obligated to pay child support to the primary parent. This payment is to assist the other parent as they provide for the basic needs of the minor child – things such as food, clothing, shelter, education, extracurriculars, and healthcare. When determining child support, the court can opt to award support as far back as the date the parents began living separately, or to the date the other parent was served with the paperwork relating to the court case.
In Maine the calculation of child support is governed by statute. To calculate a parent’s child support obligation, Maine uses an ‘income shares formula.’ Under this formula, the court takes into account how much income both parents earn, as well as the various weekly costs associated with child-rearing. These include health insurance, childcare costs, education, recreational activities and extraordinary medical expenses (those recurring costs not covered by health insurance). Using these factors, the court will determine which parent owes the other how much in child support to ensure that the costs associated with the child’s care are shared. The calculation can be complex, so it is not always the non-primary parent who ends up paying, due to the living arrangement.
For cases where the parents share primary residency, or provide ‘substantially equal care,’ for the minor child in separate residences, a different calculation is used determine any child support obligation. Under this calculation the higher income earner normally ends up paying the lower income earner child support. This calculation is reserved for cases where both parents are equally active and involved in the minor child’s life and where contact is divided 50/50.
Although the prospect of paying child support seems daunting, it is a normally part of the vast majority of family law cases. Being required by a court to pay child support is in no way a reflection of your capabilities as a parent, nor is it always an accurate reflection of your involvement in your child’s life. Each case is unique, and it is important to be able to articulate an accurate depiction of the financial and residential dynamics of your situation to the court.
If you have questions relating to this article, to child support, or to any legal family matter issue, feel free to contact our office at (207) 985-1815 and set up a consultation to discuss the details of your case.
