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Child Support: Reserved vs $0

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Reserving child support and setting child support at $0 are VERY DIFFERENT. Please ensure you are using them correctly.

RESERVING CHILD SUPPORT

  • This essentially means there is NO ORDER regarding basic child support.
  • The court did not have the information to determine child support, did not have jurisdiction over child support right now, or the parties asked for the issues to be reserved to be dealt with at a later date.
  • You would NOT request to modify an order for child support that has been reserved, because no order has actually been set.
  • If the parties wanted to change this, the next step would be to establish child support
  • No change of circumstances required to do this (since it is establishing CS, not modifying it)
  • May include past child support

SETTING CHILD SUPPORT TO $0

  • This means there IS an order regarding basic child support.
  • The court had the information to determine child support, but the parties agreed to not have a basic support obligation right now
  • If the parties wanted to change this, the next step would be to modify child support
  • Change of circumstances IS required and all the requirements for a modification to child support order would apply (higher burden than establishing CS)
  • Cannot go back and ask for past child support