Child support is an essential part of ensuring the well-being of children whose parents are no longer together. In Hawaii, child support aims to ensure that both parents contribute financially to their child’s upbringing, providing for necessities like housing, education, healthcare, and other living expenses. But how exactly is child support calculated in Hawaii?

In this blog, we’ll walk you through the basics of child support in Hawaii, how the amount is determined, and what factors come into play when calculating the financial responsibility of each parent.

1. The Purpose of Child Support

Child support is a court-ordered payment that one parent makes to the other to help cover the costs of raising a child. The goal is to ensure that the child continues to have access to the financial resources they need, regardless of the parents’ marital or relationship status. Child support is meant to cover:

• Basic living expenses: Food, shelter, clothing, and utilities
• Educational costs: School fees, extracurricular activities, and supplies
• Healthcare: Medical insurance, doctor visits, prescriptions, and dental care
• Childcare: Daycare, after-school programs, or babysitters

2. How Child Support Is Calculated in Hawaii

Hawaii uses the Income Shares Model to calculate child support. This model is based on the idea that a child should receive the same proportion of parental income as they would if the parents were still together. The model takes into account the combined income of both parents, and the support obligation is then divided based on each parent’s share of that combined income.

Here’s a breakdown of how the child support calculation works:

Step 1: Determine Each Parent’s Gross Income

Gross income includes wages, salaries, bonuses, commissions, and any other form of income. In Hawaii, the court may also consider income from self-employment, rental properties, investment dividends, and other sources. If a parent is voluntarily unemployed or underemployed, the court may impute income based on their earning potential.

Step 2: Adjustments for Mandatory Deductions

Certain deductions can be subtracted from each parent’s gross income. These deductions include taxes, Social Security, union dues, and health insurance premiums for the child.

Step 3: Combine Parental Income

The adjusted income for both parents is combined to determine the total income available for child support purposes. This combined income helps set the baseline for how much financial support is required for the child.

Step 4: Use the Hawaii Child Support Guidelines

Hawaii has established child support guidelines that provide a formula for calculating the support amount. The formula considers the combined income of both parents and the number of children to determine the basic support obligation. This obligation covers the child’s basic needs such as food, housing, and clothing.

Step 5: Account for Additional Costs

Additional costs that may affect the child support calculation include:

• Healthcare costs: If one parent is providing health insurance or paying out-of-pocket medical expenses for the child, this cost is factored into the child support calculation.
• Childcare expenses: If either parent pays for daycare or other childcare services due to work, school, or job training, those costs will be included in the child support calculation.
• Educational expenses: Tuition, extracurricular activities, and other school-related expenses may also be factored into the support obligation.

Step 6: Determine Each Parent’s Share of Support

Once the basic support obligation is calculated, each parent’s share of the support is determined based on their proportion of the combined income. For example, if Parent A earns 60% of the combined income and Parent B earns 40%, Parent A would be responsible for 60% of the support obligation, while Parent B would cover 40%.

3. Deviations from the Guidelines

While Hawaii’s child support guidelines provide a standardized formula, the court has the discretion to deviate from the calculated amount in certain situations. For example, if the child has special needs that require additional support or if there are extraordinary educational expenses, the court may increase the child support obligation. On the other hand, if one parent is facing financial hardship, the court may reduce the amount.

It’s important to note that parents cannot agree to a child support amount that is lower than what is required by the state guidelines unless approved by the court. The court’s primary concern is the well-being of the child, so any deviation must be justified as being in the child’s best interest.

4. How Long Does Child Support Last?

In Hawaii, child support generally continues until the child reaches the age of 18. However, if the child is still attending high school or is dependent on the parents due to a disability, child support may continue until the child turns 23 or becomes self-sufficient.

5. What If Circumstances Change?

Life circumstances can change, and so can child support obligations. Either parent can request a modification of the child support order if there is a significant change in circumstances. Some common reasons for modifying child support include:

• A substantial change in income: If one parent experiences a significant increase or decrease in income, they may request a modification of the support amount.
• Changes in custody or visitation arrangements: If the child starts living with the other parent for a greater portion of time, the court may adjust the support order accordingly.
• New expenses for the child: If the child’s medical or educational needs change, the court may modify the support amount to reflect those new costs.

To request a modification, the parent must file a motion with the court and provide evidence supporting their claim.

6. Enforcement of Child Support

If a parent fails to meet their child support obligations, the Hawaii Child Support Enforcement Agency (CSEA) can take action to enforce the order. Enforcement measures may include:

• Wage garnishment: Child support payments can be automatically deducted from the paying parent’s paycheck.
• Tax refund interception: The CSEA can intercept federal and state tax refunds to cover unpaid child support.
• Suspension of driver’s or professional licenses: If a parent falls behind on payments, the court may suspend their licenses.
• Contempt of court: If a parent willfully refuses to pay child support, they may be held in contempt of court, which can result in fines or even jail time.

Ensuring Fair Child Support

Child support plays a crucial role in ensuring that children receive the financial support they need to thrive. By understanding how child support is calculated in Hawaii and the factors that influence it, parents can better navigate this process and ensure a fair outcome for their children.

If you need help calculating child support or modifying an existing order, it’s essential to consult with a family law attorney in Hawaii to guide you through the legal process and ensure that your child’s needs are met.