Child support is monetary payments made to the parent that has custody of the parties' children by the parent that does not have custody. The parent that makes child support payments is commonly referred to as the "Payor" (or by the Child Support Enforcement Agency as "Responsible Parent" or "RP.") The parent that receives the child support payments is commonly referred to as the "Payee" (or by the Child Support Enforcement Agency as "Custodial Parent" or "CP". In situations where the parties have joint physical custody, or the non-custodial parent has visitation, a different child support calculation formula is used. See our
Custody and Visitation page to read about joint custody and extensive visitation.

 

 

The amount of child support owed in the different states is typically calculated by using a formula. In Hawai'i, the State of Hawai'i Child Support Guidelines Worksheet ("Guidelines"), devised by the State, serves as the formula. The formula takes into account each party's gross (before tax) monthly income, any amounts paid for the child(ren)'s medical insurance, child care expenses, and any amounts paid by the Payor for child support for other children. As mentioned above, there are also Child Support Guidelines for those who have joint custody, or who have extensive visitation.

 

The minimum child support under Hawaii law is $50.00 per child, per month. The parties may agree, or stipulate to a higher amount than the Guidelines indicates, but not agree to a lower amount unless there are exceptional circumstances agreed to by the Court. The reason for this restriction is that child support although usually paid to the Payee, actually belongs to the child(ren), and thus cannot be given away by the Payee.

 

WHAT ABOUT MY OTHER EXPENSES? AREN'T THEY FACTORED INTO THE FORMULA?
 
The short answer is -- generally no. As discussed above, the formula looks at the gross monthly incomes of both parties, then factors in medical insurance premiums, child care expenses, and amounts paid by the payor for child support for other children. In situations where one party is also paying alimony to the other party, that amount may be factored in as well. Except in very unusual circumstances (called EXCEPTIONAL circumstances), the Court will NOT take into account other financial factors such as mortgage/rent payments, car payments, living expenses, etc.

 

 

Joint custody child support calculations are made where the parties EQUALLY SHARE the time with the child or children. "Extensive visitation" is a calculation used where the non-custodial parent has more than 143 days with the child, but less than 50% of the time (50% of the time would be joint custody). The Child Support Guidelines for JOINT custody results in child support numbers that are considerably less than those for sole custody to one parent. The Child Support Guidelines for EXTENSIVE VISITATION results in child support numbers that are less than calculated for sole custody, but more than calculated for joint custody.

 

Child support in Hawai'i is ordered for children up to the age of eighteen (18), and up to age twenty three (23) if the child is enrolled full-time in an accredited college or university, or in a vocational or trade school. 

HOW ARE CHILD SUPPORT PAYMENTS MADE?

Under Hawai'i law, child support is made through wage assignment, which goes directly from the Payor's paycheck to the Child Support Enforcement Agency ("CSEA"). CSEA then forwards the payment to the Payee. This is the case for the vast majority of child support payments in Hawai'i. Payment may be made directly from the Payor to the Payee, but both parties must agree to such an arrangement in writing.

Child support can be modified at:  (1) the Family Court ("judicially"); or (2) the Child Support Enforcement Agency ("administratively").  Pursuing a modification in the Family Court requires the filing of a motion (a request to the Court), while pursuing a modification at CSEA requires filling out an Application for Services with the Agency.  There are plusses and minuses to both routes -- going through the Family Court is usually faster, often is more complicated for unrepresented parties, and can bring in other non-child support issues, such as custody or visitation.  Going through CSEA is typically slower, but is designed to be easier for people who are unrepresented, and is limited to discussing child support and medical insurance only.

WHAT CAN DLM DO FOR ME?

We can help you in many facets of child support, including:

Gavin previously worked for CSEA, and has extensive experience in resolving child support matters, from simple cases to complex problems.  Contact Gavin to discuss your child support.

 

DEALING WITH CSEA
 
People who have had to deal with CSEA regarding their child support already know what a frustrating experience this can be for the average person.  Both payors and payees often have great difficulty in fixing their child support accounts, resolving internal CSEA problems, or even speaking to a live person with the Agency.  In these instances, it is often invaluable to have an attorney who can help them navigate the confusing CSEA maze.
 
A new Child Support Guidelines formula went into effect on OCTOBER 1, 2004, and may have a substantial effect on your existing child support, for both Payor and Payee.  Give us a call to discuss how it might affect you -- the consultation is free of charge.