Whether you have primary custody or an ex-spouse is demanding payment for shared children, you need representation.
Michael Fayard has years of experience in court, both as a prosecutor and as a family law attorney. He knows what it takes to make or break a child support case, which gives you an advantage. The team at Michael Fayard, Attorney at Law, has extensive experience dealing with various family law issues.
Child support in Honolulu is based on the idea that both parents should support their children financially, even if the children are not living with both parents.
Child support is made in monthly payments to the parent with primary custody of the children. The payments cover the costs of raising the children, including medical insurance, education support, and basic needs.
The parents can agree upon child support payments outside court. However, because it is such a contentious issue, it often ends up in court.
When this happens, the Family Court will determine how much will be paid as child support. The Child Support Enforcement Administration (CSEA) may also establish child support.
Various factors determine how much you could pay in child support. However, the minimum amount to be paid as child support under current Hawaii law is $83.00 per month per child. The parties may agree to pay a higher amount based on the Child Support Guidelines Worksheet (CSGW).
The income of both parents is vital in determining the amount of child support owed. Both parents’ gross and net incomes are considered in calculating the amount payable per month.
Even if you are unemployed, other sources of income such as disability benefits or workers’ compensation benefits will be factored in. Honolulu courts may also impute, or estimate, the income of parents when the courts believe the parent has chosen not to work or to work less without good reason.
According to the CSGW, if one parent makes more than 60% of the total net income of both parents, that parent will be responsible for 60% of the support while the other will be responsible for 40%.
In Honolulu, the child support need is determined by the number of children, health insurance premiums, medical expenses paid for each child, and reasonable expenses paid by the primary parent. A Standard of Living Adjustment (SOLA) is also made based on both parents’ income.
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
Below are some answers to a few common questions:
Child support payments can be made directly to the parent receiving the payments. However, because non-payment can become an issue, child support payments can also be deducted automatically from the obligator’s paycheck and paid to the receiving parent through the CSEA. This ensures that there are no errors or delays in payments.
Child support in Honolulu is an obligation that lasts until the child turns 18 years of age or until their high school graduation, whichever occurs last. The CSEA will not enforce child support payments beyond this.
However, the court may order parents to continue making payments for a child attending college or vocational training full-time.
Yes. It is possible to modify child support based on increasing or decreasing payments made. This may be done if there has been a material change in the circumstances of one or both parents. In many cases, changes occur when there is a significant decrease or increase in one party’s income.
- Cliff T
While child support is an obligation of every parent, it can cause clashes after couples separate. Various issues arise regarding child support, and dealing with these issues can be complex.