Child support can have a significant financial impact on both parents and children, whether the issue arises in a divorce, parentage case, or administrative proceeding through the Hawaiʻi Child Support Enforcement Agency (“CSEA”).
Hawaiʻi uses statewide Child Support Guidelines to calculate support. Although the Guidelines provide a standardized formula, determining the correct amount is not always as simple as entering two salaries into a worksheet. Questions can arise concerning income, self-employment, military benefits, child care, health insurance, parenting time, adult children, exceptional circumstances, and changes in a parent’s financial situation.
Doi/Luke, Attorneys at Law has represented parents in Hawaiʻi child support matters since 1995. Our attorneys handle the establishment, modification, enforcement, suspension, and termination of child support in Family Court and in administrative proceedings involving CSEA.
If you have questions about child support that are not addressed below, you may also review our other Hawaiʻi family law articles or contact our office at (808) 593-2199 to schedule a consultation.
Child support is financial support paid by one parent for the benefit of a child.
The parent required to make a support payment is commonly called the payor or obligor. CSEA often refers to that parent as the Responsible Parent. The parent receiving support is commonly referred to as the payee, recipient, or Custodial Parent.
Under Hawaiʻi law, both parents have an obligation to financially support their children. The Hawaiʻi Child Support Guidelines are designed to allocate that responsibility between the parents while considering their respective incomes and the needs of the child. The Family Court, CSEA, and Office of Child Support Hearings use the statewide Guidelines when calculating child support.
Child support may be established in a divorce or parentage case in Family Court, or through an administrative proceeding initiated through CSEA.
The amount of support can also be affected by the child’s parenting schedule. For child-support purposes, the Guidelines distinguish between sole physical custody, extensive time-sharing, equal time-sharing, and split custody based primarily on the number of overnights the child spends with each parent.
Hawaiʻi child support is generally calculated using the Hawaiʻi Child Support Guidelines Worksheet.
The current Guidelines begin with each parent’s monthly income and calculate the parents’ respective financial ability to contribute toward their child’s support. The calculation also takes into account the number of children, certain child-care expenses, and the cost of health insurance or medical support for the children.
The Guidelines include several components. Among them are:
each parent’s income;
the child’s basic support needs;
reasonable child-care expenses necessary for a parent to work or attend vocational education or training;
health-insurance or cash-medical expenses for the child; and
a Standard of Living Adjustment (“SOLA”), which allows children to share in a parent’s additional income once basic needs are met (10 percent per child, up to a maximum of 30 percent, of the parent’s remaining income).
Under the 2024 Guidelines, the base primary support amount is presently $455 per child per month before the other components of the calculation are applied. The Guidelines then allocate the total support obligation between the parents according to their financial circumstances.
The Guidelines generally establish a minimum child-support amount of $91 per month per child, although exceptional circumstances can apply, and in some equal time-sharing situations a lower amount may result.
The amount shown on the Guidelines worksheet is normally the presumptive child-support amount. A court or administrative hearings officer may depart from that amount when legally recognized exceptional circumstances justify a deviation.
This is why two families with apparently similar incomes can sometimes have different child-support results.
Usually, ordinary personal expenses are not separately deducted dollar-for-dollar from income simply because a parent has to pay them.
Mortgage or rent payments, car payments, credit-card debt, utilities, food, and other ordinary living expenses generally do not appear as separate deductions on the Child Support Guidelines Worksheet.
The Guidelines instead use standardized calculations intended to account for parents’ own basic needs before determining the amount available for child support. Most notably, a self-support reserve (currently $1,693 per month) is deducted from each parent’s net income.
There are, however, circumstances in which additional financial obligations may be relevant.
The Guidelines permit a parent to request a deviation from the presumptive support amount based upon exceptional circumstances. Examples that may qualify include a support obligation that would exceed 70 percent of a parent’s net income, certain obligations to support additional children, extraordinary needs of a child or the other parent, other payments being made for the benefit of the child, inability to earn income in certain circumstances, private-school expenses, an agreement between the parents for a higher or lower amount, and other circumstances determined on a case-by-case basis. The parent requesting the deviation has the burden of establishing the exceptional circumstance.
Importantly, some expenses do not ordinarily qualify as exceptional circumstances. The 2024 Guidelines expressly state that:
remarriage to someone who has children from another relationship is not an exceptional circumstance;
transportation expenses associated with visitation are not an exceptional circumstance; and
heavy debt, ordinarily, is not an exceptional circumstance.
Thus, the fact that a parent has significant expenses does not automatically mean that the Guidelines child-support amount will be reduced.
The amount of parenting time can affect the child-support calculation, but the terminology used for custody and the terminology used by the Child Support Guidelines are not always identical.
For child-support purposes, the current Guidelines use the number of overnights per year.
Sole physical custody, for Guidelines purposes, generally applies when the other parent has 143 or fewer overnights per year.
Extensive time-sharing applies when a parent has the child for more than 143 but fewer than 183 overnights per year.
Equal time-sharing generally means that each parent has the child approximately 183 overnights per year.
When extensive or equal time-sharing applies, an additional Extensive Time-Sharing Worksheet is used.
Under equal time-sharing, the Guidelines essentially calculate the support obligations attributable to both parents and offset them against one another. Therefore, equal parenting time does not necessarily mean that no child support will be paid. If the parents have substantially different incomes, one parent may still be required to pay child support to the other.
With extensive time-sharing, the Guidelines gradually adjust the support obligation based upon the number of overnights above 143.
The important point is that child support is based on the actual Guidelines calculation—not simply on whether a custody order uses the label “joint physical custody.” The Guidelines specifically state that, for child-support purposes, support is based on the number of overnights rather than the label given to the parenting arrangement.
Split custody—where each parent has sole physical custody of one or more of the children—is treated separately under the Guidelines.
Child support in Hawaiʻi commonly continues until a child reaches age eighteen or graduates or discontinues high school, whichever occurs later, depending upon the terms of the particular support order.
Support can also continue after high school for an unmarried adult child who is pursuing education or vocational training on a full-time basis.
The 2024 Guidelines explain that the purpose of support beyond the age of majority is to assist an adult child in becoming educated or trained for gainful employment. Adult-child support generally terminates before or at age 23, although Hawaiʻi law requires the issue to be considered on a case-by-case basis and recognizes circumstances in which support may continue beyond that age.
A child enrolled full-time at an accredited college, university, community college, vocational school, or trade school—or accepted and planning to attend full-time—may therefore continue to qualify for support if the applicable requirements are met.
A child who is disabled or otherwise unable to become self-supporting may present different issues, and Hawaiʻi law allows the court to address the support, maintenance, and education of an adult child in appropriate circumstances.
Because the precise termination language can vary, parents should review the actual child-support order rather than assuming that support automatically stops on a particular birthday.
When child support continues after high school because an adult child is enrolled full-time in college, university, or vocational education, several additional issues may arise.
If the adult child continues to live primarily with one parent, child support may continue to be paid to that parent under the existing order.
If the child lives away from both parents—for example, in a college dormitory or apartment—the court may consider whether a different arrangement for payment is appropriate.
The Guidelines also recognize that the financial circumstances of an adult student can differ from those of a minor child. In determining whether exceptional circumstances justify a deviation from the normal calculation, the court may consider both parents’ incomes and resources as well as the adult child’s reasonable expenses, income, and resources.
College tuition, fees, books, housing, and other educational expenses are also separate issues that may have been addressed—or reserved for later determination—in the parties’ divorce decree, parentage judgment, or other Family Court order.
Another important practical point involves the child’s nineteenth birthday. Under HRS § 580-47(a), CSEA sends a notice about three months before the child turns nineteen, and the custodial parent or adult child must provide proof that the child is enrolled full-time in school (or has been accepted and plans to attend full-time the next semester). If that proof is not provided, prospective child support may be automatically suspended when the child turns nineteen. After that, CSEA enforces support for an adult student only while the child remains continuously enrolled full-time, so proof of enrollment should be provided for each school term.
Thus, turning eighteen, working part-time, filing a tax return, or living away at school does not necessarily answer the question of whether an adult child remains eligible for support. The particular support order and the child’s educational and financial circumstances matter.
The Hawaiʻi Child Support Enforcement Agency (“CSEA”) is part of the Hawaiʻi Department of the Attorney General.
CSEA performs a number of functions involving child support, including establishing, modifying, enforcing, collecting, and distributing support. Child-support orders can be established or modified through CSEA’s administrative process as well as through the Family Court. Administrative child-support orders, once properly issued and filed, have the same force and effect as Family Court orders.
CSEA also operates the Statewide Disbursement Branch, which processes child-support payments.
CSEA has offices on Oʻahu, Hawaiʻi Island, Maui, and Kauaʻi.
CSEA should not be confused with the Office of Child Support Hearings (“OCSH”). Administrative hearings concerning disputed CSEA child-support matters are conducted through OCSH.
Many Hawaiʻi child-support orders provide for payment through income withholding, in which support is deducted from the payor parent’s income and transmitted for processing through CSEA.
CSEA’s Statewide Disbursement Branch receives and distributes support payments and offers several additional methods for making payments when appropriate, including online, mobile-app, mail, and in-person payment options (at CSEA offices and participating retail stores).
Direct payment from one parent to the other may be permitted in some cases, but it should not simply be done informally when the existing order requires payment through CSEA. Hawaiʻi law allows a court to approve an alternative direct-payment arrangement under specified circumstances.
Parents should be particularly careful about making payments outside the method required by their order. CSEA’s stated policy is that it will not credit direct payments unless the court order provides for them. A parent who pays the other parent directly may therefore remain shown as owing arrears and may need to go to court to obtain credit.
Yes. Child support is subject to modification when the legal requirements for modification are satisfied.
Common reasons for seeking a modification include:
a substantial increase or decrease in either parent’s income;
loss of employment or a significant employment change;
a change in physical custody or parenting time;
a change in child-care expenses;
a change in health-insurance expenses or health-care needs;
a child becoming ineligible for support;
a change in the number of children covered by the order; or
other significant changes affecting the Guidelines calculation.
Under the current Guidelines, if a child-support order is three years old or more, a party may request review and adjustment even without first establishing a material change in circumstances.
If the order is less than three years old, the party ordinarily must demonstrate a substantial and material change in circumstances. A material change is presumed when application of the current Guidelines results in support that is at least 10 percent higher or lower than the existing order, although that presumption does not necessarily determine the ultimate result.
Importantly, filing for modification does not guarantee that support will move in the direction requested. The Guidelines specifically recognize that a request to reduce support can result in an increase, and a request to increase support can result in a decrease, because the current Guidelines and current financial information are used when support is recalculated.
For that reason, it is often useful to calculate the likely Guidelines result before filing a modification request.
In Hawaiʻi, child support can generally be modified through one of two routes:
Family Court, through a judicial proceeding; or
CSEA, through its administrative modification process.
A Family Court modification generally requires filing a motion or other appropriate request with the court that has jurisdiction over the existing order.
A parent can also request a review and modification through CSEA. CSEA obtains updated financial information, reviews the existing obligation, and may issue a proposed administrative order or notice concerning whether support should change. A party who disagrees with CSEA’s proposed modification has the right to request an administrative hearing within the applicable deadline.
The better route depends on the case.
Family Court may be preferable when child support is only one part of a larger dispute involving issues such as custody, visitation, or other Family Court orders.
CSEA’s administrative process is focused primarily on support and related medical-support issues and may be useful for parents who want a child-support review without litigating broader family-law questions.
When ordered child support is not paid, unpaid amounts can accumulate as child-support arrears or an arrearage.
A parent seeking collection may have remedies through both CSEA and the Family Court.
CSEA has a variety of administrative enforcement tools available under Hawaiʻi and federal law. Depending upon the circumstances, these can include income withholding, interception of tax refunds and other payments, liens, and suspension or denial of certain licenses.
A parent may also seek enforcement through Family Court. Depending upon the facts and the existing orders, judicial remedies may include obtaining an enforceable determination of the amount owed, income withholding or garnishment, and other relief authorized by law.
Which route is preferable depends upon the amount of the arrears, the history of payment, the payor’s employment and assets, whether CSEA is already involved, and other circumstances.
A parent who believes the CSEA account balance is incorrect should also address the discrepancy promptly. Payment histories can become more difficult to reconstruct as time passes.
CSEA administers a very large statewide child-support system. As a result, child-support cases involving CSEA can involve substantial paperwork, financial records, account histories, notices, deadlines, and administrative procedures.
Common issues include:
incorrect income information;
disputes about the Guidelines calculation;
incorrect arrears balances;
uncredited payments;
termination or suspension of support for a child who is no longer eligible;
proof of continuing education for an adult child;
changes in employment;
health-insurance issues;
administrative modification proceedings; and
responding to a proposed administrative order.
Deadlines are particularly important.
For example, CSEA’s present procedures provide different hearing-request periods depending upon the type of administrative action. Its modification materials state that a party generally has 30 days after service of a proposed modification order to request an administrative hearing, and other types of administrative actions can have different deadlines.
A proposed CSEA calculation should therefore be reviewed carefully when it is received rather than assuming that any errors can simply be corrected later.
Child-support disputes range from straightforward Guidelines calculations to complicated cases involving business income, military compensation, unemployment, adult children, extensive parenting time, substantial arrears, or contested exceptional circumstances.
The attorneys at Doi/Luke have handled Hawaiʻi child-support matters since 1995, including proceedings in Family Court and through the Child Support Enforcement Agency and Office of Child Support Hearings.
We can assist with issues including:
determining the correct income to use for child support;
calculating support under the current Hawaiʻi Child Support Guidelines;
establishing an initial child-support order;
determining whether support should increase or decrease;
deciding whether to pursue modification through Family Court or CSEA;
responding to a CSEA proposed administrative order;
representing a parent at an administrative child-support hearing;
addressing self-employment, military pay, bonuses, overtime, unemployment, or other forms of income;
determining how extensive or equal time-sharing affects support;
addressing support for adult children attending school;
requesting or opposing an exceptional-circumstances deviation;
collecting unpaid child support;
resolving disputes concerning arrears or payment credit; and
suspending or terminating child support when appropriate.
Attorney Gavin Doi previously worked for the Hawaiʻi Child Support Enforcement Agency and has extensive experience with both judicial and administrative child-support matters.
Doi/Luke represents parents in Honolulu, on Hawaiʻi Island, and throughout the State of Hawaiʻi.
If you would like to discuss a Hawaiʻi child-support issue with an experienced family-law attorney, contact Doi/Luke at (808) 593-2199 or contact us through our website to schedule a consultation.
