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 is usually brought about by a divorce, separation, or annulment, where one parent is assigned custody of the children or if both parents share custody. The non-custodial parent that is not a primary care giver is most likely obligated to provide financial support. A third party may also receive child support, when neither parent has custody of the child, and the child is under that third party’s care.

In cases where the parents were not married to each other at the time the child was born, paternity must first be established, to legally identify the parents. By establishing paternity, the child receives the same rights as a child born to parents who are married at the time of birth.

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Paying Child Support

Determining child support can be approached from two ways. The first approach calls for calculating the cost of supporting a child while the second looks at how much a parent is capable of contributing towards their child’s welfare. The federal government requires all states to have calculation guidelines for child support orders, which can be verified as well as certified. It is ultimately the family court that issues child support orders, taking all of the above factors into consideration, when deciding the amount needed to support the child. Child support orders are usually reviewed every three years, to adjust and modify the amount, depending on changes in the child’s financial needs or in the non-custodial parent’s income.

Obtaining Child Support

Providing child support is a responsibility that should be taken seriously, as it involves the welfare of a child. It should be your goal to have a healthy and happy child. Regular child support payments help ensure that. Statistics show approximately 50 percent of marriages in the United States ending in divorce with single parents accounting for 27 percent of family households with children under the age of 18. With such daunting numbers, the U.S. government has become more aggressive in making sure child support payments are met. Each state has child support enforcement laws and guidelines based on the Uniform Interstate Family Support Act (UIFSA), giving state courts jurisdiction to collect or modify child support payments. In the event that a child support payment is not made, child support agencies work with the courts to obtain payment. Ways to obtain payment from the non-custodial parent are:

withholding income
taking money from their bank accounts
taking money from tax refunds
taking money from unemployment benefits/disability benefits

In more serious cases where child support payments are consistently not being met, collection may be made by seizing property of the non-custodial parent.

If you or someone you know is going through child support related issues, seek counsel from an experienced family law lawyer. A family-law attorney will work with you to figure out the best possible recourse regarding child support that needs to be established, adjusted, or that is delinquent. Visit our Attorney Directory to find a family law attorney in your state.

Visit these helpful links:

Child Support Calculator

ABA Center on Children & the law

Child support Network

Administration for Children & Families

Información en Español

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