Use this Hawaii child support law to learn about your
child support rights and responsibilites.
How is Hawaii child support determined?
In Hawaii, either parent may be ordered to provide child
support. The factors the courts consider in determining the amount of child
support or whether or not to modify an existing child support order are:
- all earnings, income and resources of both parents after tax
deductions and social security
- earning potential, reasonable necessities and borrowing
capacity of each parent
- the needs of the child for whom support is sought
- the amount of public assistance which would be paid for the
child under the full standard of need as established by the public assistance
department
- the existence of other dependents of the obligated parent
- providing incentives for both parents to work
- balancing the standard of living of both parents and child
to avoid placing the child below the poverty level
- to avoid extreme and unfair changes in either parent's
income depending on custody
- if parent purposely does not work, thirty (30) hours of
weekly earnings at the minimum wage rate may be attributed to that parent's
income
The above guidelines will be used unless there are exceptional
circumstances. However, the guidelines are generally considered to be in the
best interest of both parties.
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age.
Hawaii's custody guidelines:
Yes. Based on the best interests and wishes of the child, the
Hawaii courts may award joint or sole custody if the child is of an appropriate
age to make such a choice. One of the requirements of awarding joint custody is
the assurance that the child will have continued contact with
both
parents.
Hawaii's medical insurance guidelines:
Generally, the decision as to which parent is going to provide
medical insurance coverage for the child and how medical bills will be paid is
set out in the marital settlement agreement. If a reasonable medical insurance
plan is available through one of the parent's employment, they may be required
to cover their child on it.
How permanent are the provisions for Hawaii child support
and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect significant changes in income,
and/or living arrangements of the children.
Wage garnishment for child support payments:
Yes. Hawaii like most states, has a provision for withholding
child support directly from the earnings of the parent who has been ordered to
provide support. It is withheld much like income tax is withheld from
earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. Once the
support is withheld, it is sent to the state agency authorized to receive and
disburse payments. Once it has been verified that the support was paid, it is
then sent to the parent designated to receive the support.
If a non-custodial parent can show that they are providing more
than 50 percent of the support for dependents not included in the court order
from a second marriage, and is not in arrears, no more than 50% of their
disposable income can be attached if they cannot pay the full court-ordered
amount of both orders.
That number goes to 55% if the non-custodial parent is in
arrears, 60 percent for a person only providing support to dependents under the
current order, and 65% for a person who is in arrears and paying only on the
current order.
How does joint custody work?
The current thinking or national trend is to encourage parents
to work together for the best interests of their children. Joint custody is now
widely recognized by parents, courts and state legislatures as the preferred
parenting plan for divorcing parents.
Specifically, joint custody is a form of custody of minor
children that requires both parents to share the responsibilities of the
children, and for both parents to approve all major decisions related to the
children.
While it is a 50-50 sharing of responsibilities and major
decisions affecting the children, it rarely works out to be a 50-50 sharing of
time with the children. Usually one parent is named as the primary joint
custodian and the other parent is granted visitation. The primary joint
custodian typically retains the decision making power to determine the
child’s primary residence and school and to designate things such as the
child’s primary physician.
How Hawaii determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. However, when parents cannot
agree, the standard visitation schedule accepted most everywhere in the nation
is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
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