Child Support

A child support action can be initiated in either the Family Court or through the Child Support Enforcement Agency (“CSEA”) if the parent, who has an obligation to pay child support (“obligor”) lives in Hawaii. If the obligor does not reside in Hawaii, CSEA can send your case to the child support enforcement agency in the state where the obligor lives and request that state to obtain or enforce a child support order for the out-of-state parent.

Child support is decided by a state formula that takes into account both parents’ income, the time-sharing arrangement of the child/ren, the number of children, and he expenses spent for child care and child/ren’s health insurance coverage. CSEA or Family Court will order child support based on the formula unless it is determined that “exceptional circumstances” exist that would justify not applying the formula. Exceptional circumstances may include but are not limited to: (a) if the child support amount is more than 70% of the obligor’s net income based on the formula, (b) if the obligor is supporting other children, and (c) when the child or either parent has extraordinary needs (special educational and/or housing needs for a child/parent with disabilities). Remarriage of a parent and heavy debt are NOT exceptional circumstances warranting deviation from the formula.

To get child support via Child Support Enforcement Agency, a parent can start the process by applying for CSEA’s services: either in person or have them mail you an application. CSEA’s statewide phone number is 1-888-317-9081. A parent may also seek child support in family court. If the parents of the child are married, a parent may seek child support in a divorce action. If they are not married, a parent may seek child support in a paternity action.

For unmarried parents where the child’s father is not listed on the child’s birth certificate, paternity will need to be established before obtaining child support from the father. CSEA can assist with establishing paternity. Once paternity is established, the father is given legal rights and responsibilities, including the right to seek visitation and custody of the child.