FAMILY LAW – CHILD SUPPORT INFORMATION CENTER 

Overview

Parents have the legal obligation to provide for their children under any circumstances.  When divorce happens and there are children involved, the court may order the "non-custodial" parent to pay a portion of his or her income as child support. This money is for the care and upbringing of the child or children.  This is very important because about 50% of all marriages end in divorce and about one-forth of children are born to unmarried parents.  Under the law, children have the right to benefit from both parents' incomes. 

Guidelines

There are Federal laws that enforce the payment of child support.  Each state follows guidelines which determine the amount of child support and which parent will pay it.  If your child has a disability or special needs, the court will adjust the amount of support.  The obligation to provide for your children ends when they reach the age of 18 or 21 in some states.  If the child becomes emancipated, (free from your control and care), you are no longer required by law to support him or her. 

When reviewing each parent’s income, the court includes any monies other than their salary.  This included investments, pensions, stocks, social security, disability benefits, rental property, or inheritances.  The courts use several formulas to determine the child support amount. 

Income Shares Formula

The amount of support is determined by adding the income (net or gross) of both parents together.  The needs of the children are taken into consideration and each parent is responsible for part of the support and upbringing – proportionate to their income. 

Percentage of Obligor Income Formula

The amount of support is based on a flat percentage of the obligor (paying) parent. 

Melson Formula

This formula looks at the financial situation and standard of living of both parents.  After looking at the children’s needs, the amount of support is determined. 

Child Support Orders

Child support orders are issued by the family court in your state. In the case of divorce, a court can issue a support order on a temporary basis until the divorce is final.  If the parents cannot agree on an amount, the court will determine it using the state’s guidelines. 

Upon the court issuing a support order, the amount is automatically taken from the payer's paycheck.  In other cases, the payments are made to a child support registry.  The registry will forward the payment to the custodial parent.  If the child support payments become delinquent, there are agencies that can withhold monies from tax refunds, or actually seize real estate or personal property. 

Unmarried Parents

If an unmarried mother is looking for child support, the first step should be to determine if the man in question is in fact the father of this child.  A paternity test should be done immediately.  Once paternity is established, the court will issue a child support order. 

Enforcement of Support

There are state laws that enforce payment of child support.  If the non-custodial parent is late with his or her payment or has not paid any payments, a family court judge can suspend or revoke a driver’s license, professional license or send the parent to jail. 

The Federal Child Support Enforcement office, located in every state, has ways of locating parents who owe child support.  Under the Federal Child Support Recovery Act, criminal charges can be brought against a parent who lives in a different state and is delinquent on support payments. 

Interstate Moves

If the non-custodial parent moves to another state, the custodial parent can depend on the Revised Uniform Reciprocal Enforcement of Support Act to receive payments.   This law will make sure payment of child support occurs -- A support order issued in one state can be enforced by the courts of another state. 

You cannot forego your child support obligations if you move to another state.  The Federal and State governments will punish you.  The Uniform Interstate Family Support Act states that the court that issued your original child support order retains jurisdiction and you will not be able to modify it to a lower amount in another state.  If you fail to make your child support payments, you will face Federal prison and fines – per the Child Support Recovery Act and The Deadbeat Parents Punishment Act. 

Modification of Support

A modification of the child support can be awarded if the paying parent shows a substantial change in his or her circumstances.  On the other hand, if the paying parent’s income goes up, the custodial parent can ask the judge to increase the child support payments.  The payment can also be increased to cover medical treatment or tutoring. 

Child support payments can be modified if the paying parent loses his or her job or has a salary decrease.  The support can be decreased or stopped until the parent finds another job.   

If the paying parent remarries and has other children, his or her support may be reduced.  The court looks at support obligations to the total number of children involved.  Some states will not reduce the amount because the children from the previous marriage should continue to get the support they are accustomed to receiving. 

Other reasons for a modification include health expenses of the parent or child, disability of the parent or child, expenses for education, a temporary hardship or increased cost of living. 

Contempt of Court

In order to modify child support payments, the parties must petition the court.  The law does not forgive delinquent child support.  You can be held in contempt of court, pay fines, or face a jail sentence.  If you are held in contempt, you are charged with failing to comply with a court order.  If you are charged in a civil proceeding, you can be ordered to jail.  Once you pay the back child support, you will be released.  However, if you are charged in a criminal proceeding, you will face time in jail and back payment will not release you from your sentence.   

Wage Garnishment

The court can order your employer to withhold a percentage of your wages for your child support obligations.  Federal law requires all employers to input your name on the state’s New Hire Directory.  This is used to locate parents who owe child support along with a National Registry.  If you owe child support, any tax refund you receive will be garnished by the Federal government to cover your support payments to your children. 

Termination of Child Support

In most instances, child support obligations end when your child turns 18 or 21, graduates from college, goes into the military, gets married or becomes emancipated.  Emancipated means the child no longer needs your custody or care. 

Exceptions 

College - The support order may require you to pay for college expenses.  The court takes into consideration whether you would pay for a college education if you were still married.  It also considers whether you have the ability to pay for a college education without causing excessive hardship. 

Disability – If your child is disabled, many states require you to continue making child support payments even if he or she reaches the age of majority.  This does not apply if the child becomes disabled after turning 18 or 21.  However, the parents can come to an agreement with the court’s approval to continue to pay for their child after he or she turns 18 or 21 

Income Taxes

The Internal Revenue Service has rules of deductions and exemptions for those who pay or receive child support.  If you are paying support payments, you cannot deduct them from your income.  The payments are tax free to the parent who receives them. 

In order to claim your children on your income tax form, you must provide more than half of your child’s support in a calendar year.  You can claim an exemption if you are divorced or legally separated under a divorce decree or living apart for the last six months.  If one or both parents provide more than half of the child’s support and/or have custody for more than one year, an exemption can be claimed. 

 

This does not apply if the couple were not married.  Most of the time, the custodial parent is entitled to claim the tax exemption for the child.  The rule also allows the non-custodial parent to be the parent who provided more than half of the child’s support.  In order for this to happen, the custodial parent must sign a declaration stating he or she will not claim the child as a dependent. 

Conclusion

The best interests of your child’s should be the most important issue to resolve.  Children have a right to be healthy, safe and loved.  Child support provides for your children’s well-being and both parents are obligated by law to support them. 

Links to Additional Information

The Child Support Enforcement Program ensures that each parent will provide for his or her children.  Visit the website at www.acf.hhs.gov 

The American Bar Association explains child support guidelines in all states at www.abanet.org 

For additional information on child support for your state, visit the National Conference of State Legislators at www.ncsl.org 

The child support community is represented by the National Child Support Enforcement Association.  For information on their 2010 conference in Washington D. C, visit http://www.ncsea.org 

For information on child support agreements abroad, visit the U. S. State’s website at http://travel.state.gov

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