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Child Support

Child support is an ongoing financial obligation to provide for the welfare of children from a relationship or marriage that no longer exists. It usually is brought about by a divorce, separation or annulment in which one parent is assigned custody of the children or both parents share custody. The noncustodial parent most likely is obligated to provide financial support. A third party may receive child support when neither parent has custody of the child and the child is under that party’s care. States generally do not impose an obligation to pay support for a child older than 18.

A person has a legal responsibility to support only his or her biological children. A court may not order child support for a stepchild, subject to the caveat that the individual did not adopt the stepchild. While the majority of states adheres to this rule, a few state statutes differ with regard to stepchild support. To determine the law in a particular jurisdiction, see state laws.

If the parents were not married to each other when the child was born, paternity must be established to legally identify the father. By establishing paternity, the child receives the same rights as a child born to married parents.

Getting Child Support

Trial courts determine the amount of the periodic installments for the parent to pay. The amount varies, taking into account the circumstances within a particular case, including the child's age, health and educational needs and standard of living he or she would have enjoyed if the family had continued living together. States differ on the methodology for calculating the amount of child support owed. Generally, however, courts make specific findings regarding both the custodial and noncustodial parent’s net monthly income. Many states require a parent to pay a set percentage of the parent's annual salary. Some states also require parents to pay a percentage of any bonuses received.

Paying Child Support

The Uniform Marriage and Divorce Act requires parents to pay an amount reasonable or necessary for the child's support without regard to marital misconduct. Factors in determining reasonability or necessity include the child's, custodial parent’s and noncustodial parent’s financial resources, the standard of living the child would have had if the marriage had remained intact, the child’s physical and emotional condition and the child's educational needs.

In addition to periodic support payments, a court may order the noncustodial parent to make contributions to future medical and dental expenses, vacation and camp expenses and religious or private school expenses. Jurisdictions differ regarding whether a noncustodial parent owes contributions to an 18-year-old seeking enrollment at a higher-education institution.

Jurisdictions also differ with regard to whether the death of the noncustodial parent extinguishes that parent’s future child support obligations.

Enforcement

Each state has laws and guidelines that enforce child support based on the Uniform Interstate Family Support Act, giving state courts jurisdiction to collect or modify child support payments. If a child support payment is not made, child support agencies work with the courts to obtain payment by either withholding income or taking money from bank accounts, tax refunds, unemployment benefits or disability benefits. If payments are consistently missed, collection may be made by seizing property.

Congress created the Federal Parent Locator Service partly to enforce child support obligations. The service permits any authorized individual to obtain and transmit information regarding an individual under an obligation to pay child support or to whom another owes a child support obligation. Some states permit courts to impose wage withholdings if a parent does not comply with child support. This process requires the employer to withhold a certain portion of wages and turn them over to the custodial parent. If the employer fails to adhere to the order, the employer may be subjected to penalties. Courts also can hold the non-complying parent in contempt of court, which may require that the non-complying parent pay attorney's fees and court costs.

Last updated: Sept. 26, 2008