Hawai'i Child Support & Parenting Time Calculations
Child support payments are made by one divorced or separated parent to the other. They ensure you both contribute fairly to meet your child's needs. The Custody X Change calculator above gives you a sense of what you may pay or receive.
Hawai'i's child support formula
In Hawai'i, the noncustodial parent pays the custodial parent each month. The state child support guidelines factor in each of your incomes. Military housing allowance, base pay and special pay (if any) are considered part of a military parent's income.
Your child's needs, including child care expenses and healthcare premiums, are also considered.
The basic guidelines assume that the noncustodial parent has no more than 143 overnights per year (less than 40% of parenting time). This describes most sole physical custody situations.
If your parenting time is close to equal, you'll get an adjustment. Extensive time-sharing is when the parent with less time has more than 143 overnights per year — somewhere between a 60/40 and 50/50 time split.
If you have equal time-sharing, splitting your parenting time 50/50, you'll receive a different adjustment. Your payment will be the lowest with this time-sharing arrangement.
Calculating your precise number of overnights with your child can make a big impact on your child support amount. Many parents use Custody X Change to schedule parenting time and automatically calculate overnights.
How to request child support
If you already have a divorce or paternity case in Hawai'i Family Court, the court can simultaneously decide child support, so you don't need to request support separately. Court is the best route if you have a complex child support situation.
Alternatively, as long as your child is still a minor, you can apply for support through the state's Child Support Enforcement Agency. This is often the route for people who don't have attorneys (although you may hire one if you wish) or who need to limit their expenses. The agency may involve the Office of Child Support Hearings.
If a parent receives TANF public assistance, the state may open a child support case for you. It tries to locate absent parents to hold them accountable for child support and recover its funds.
The law requires parents to have a child support order, so you can't agree with the other parent to have no support. The minimum order is about $90 per child per month (and changes occasionally), but the court has the power to order less.
Keep in mind:
- Applying through the Child Support Enforcement Agency is free. If instead you want family court to decide child support, you have to pay to file your divorce or paternity case, and you may have further legal expenses.
- The state agency only takes paper applications. The court, on the other hand, lets you file a case online.
Asking for an amount that differs from the guideline
A child support amount can deviate from what the guidelines recommend, but the court or state agency must provide its reasoning.
Your circumstances and ability to pay can make a difference. For example, expenses related to a parent or child's disability may affect the support amount. High-income parents are expected to preserve an "appropriate standard of living" for their child.
However, certain circumstances won't be taken into consideration. A parent's travel expenses to visit their child can't be credited toward child support, and neither can stepparenting responsibilities in their new marriage. Debt (e.g., on a credit card) is also ignored.
How child support is paid
Money can be taken out of the noncustodial parent's paycheck and sent to the state for distribution to the custodial parent. This is called income assignment, income withholding or wage garnishment. It's ordered by default, unless the custodial parent agrees to another payment method.
The noncustodial parent can also send funds to the state on their own — by online transfer, by mobile app, by a check through the mail, or by going to a payment location in person.
The noncustodial parent can pay the custodial parent directly if the parents file an agreement to do this. This way you can avoid the annual fee for having the state involved. It's wise for parents to document payments to avoid disputes.
How child support is enforced
Failing to pay child support isn't a crime in Hawai'i, but nonpaying parents do face consequences.
- The parent's credit score can be affected.
- Their driver's license and passport can be suspended.
- They can be held in contempt of court.
Hawai'i will pursue enforcement even if the nonpaying parent leaves for the mainland or for another country.
How to change child support
Whoever gave you your order — family court or the state agency — can modify or enforce it, even after your child reaches the age of majority. It is sometimes possible to move your support case to another state if you move away.
If you have a change in income, file for a modification as soon as possible. When the modification is ordered, it will be retroactive to the date you filed.
You can ask to terminate child support after your child turns 18 (once they're no longer in high school or college) or else when they're 23 (regardless of their school enrollment). You may be allowed to stop paying support for a college student if you can prove you pay for significant college costs.
Calculating your parenting time
Parenting time is an important factor in Hawai'i child support calculations.
Lawyers (and even the court) usually estimate a parent's number of overnights because manually calculating is tedious.
But estimating can affect your support order by thousands of dollars a year. The Custody X Change app lets you quickly and accurately calculate your exact overnights.
Try this with Custody X Change.
Don't merely guess at your parenting time. Calculate it exactly to get a fair child support payment.