Child support laws exist to ensure that mothers and fathers support their children, even if the children are not living with both biological parents.

Child support laws do not require parents to be married to establish an award, only paternity or maternity must be proven for a child support obligation to be found. Once paternity is established, usually through a DNA test, courts follow state-mandated guidelines or court determinations in determining a child support award.

In child support actions, one parent is usually designated as the custodial parent, and accorded the role of primary caregiver. The other parent, or non-custodial parent, is regarded by child support laws as the non-custodial parent and remains obligated to pay a proportion of the costs involved in raising the child. In some joint custody cases, where the role of primary caregiver is split equally, child support laws may dictate that one parent continue to pay child support, if there is a significant disparity in the two parents’ incomes.

Child support laws vary from jurisdiction to jurisdiction and there are many approaches to determining the amount of child support award payments. Many states consider multiple several factors when determining support, such as the income of the parents, the number and ages of children living at home, basic living expenses and school costs. If the child has special needs, child support laws may take costs involved with caring for these childrens’ exceptional situation into consideration.

Child support laws may provide for the earmarking of funds for specific items, such as school fees, day care or medical expenses. These laws serve to make custodial parents more accountable for the money they receive from non-custodial parents, and ensure that the children get what they need. For example, child support laws in some jurisdictions may require parents to pay tuition fees directly to their child’s school, rather than remitting money to the custodial parent.

Child support laws may also require each parent to assume a percentage of expenses for various needs. For instance, in the U.S. state of Massachusetts, custodial parents are required to pay for the first $100 of annual uninsured medical costs incurred by each child before non-custodial parents are charged. Often, child support laws may require non-custodial parents may be required to add their children to their health insurance plans. This is done to reduce the number of children receiving public assistance.

Most child support laws provide a mechanism that will imprison a non-custodial parent if they fail to pay child support. Non-custodial parents can be sentenced to jail time for up to six months for non-payment. While incarcerated, the parents are still responsible for the amount due and future payments. Child support laws often do not make provisions for if a non-custodial parent is unemployed, filing for bankruptcy, or even homeless — child support must be paid and will be enforced.



Thanks to Elijah James for contributing this article to our Divorce blog:

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Can you answer Sophie’s question about Divorce?:

I’m thirteen and i live in texas and my parents are getting divorced. we have to go to court on wednesday and i dont know whether to stay with my mom or dad because they’re all like pick me! its so hard and i was just wondering, when i go to court will i have to say who i want to stay with in FRONT of my parents or can i go talk privately w/ the judge or will the judge pick for me?

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Few legal proceedings can be as painful and difficult as a child support action. In child support actions, not only are the parties dealing with the fallout of a failed relationship, they’re also dealing with the long-term ramifications of that split on their financial well-being and the future of their children.

In family law and relevant public policy, child support is the ongoing financial obligation for a periodic payment by a non custodial parent to a custodial parent, caregiver or guardian to care for the children of a relationship or marriage that has ended. Child support arrangements are usually set by family law courts as part of a divorce, marital separation, paternity claim or dissolution of another form of relationship.

Each state has its own child support guidelines which it uses to determine the amount of money the non-custodial parent must pay the custodial parent. In general, most states use a child support formula that takes into account the respective incomes of the two parents and the average cost of raising a child, which includes daycare and health insurance. Other factors, such as additional children from a previous relationship or the custody status of the child in question may also impact child support amounts.

Once a child support order is entered, the non-custodial parent must pay that amount or face stiff civil and legal penalties. Also, a heavy stigma of public disapproval is borne by parents who don’t pay or fall behind on child support payments.

A few key points to remember about child support:

– Bankruptcy has no impact on child support awards.

– Child support does not decrease during the summer months, holidays or other times a child may spend with a non-custodial parent, unless a court order says so.

– Child support payments are not subject to federal income taxes. Custodial parents get the money tax-free, non-custodial parents don’t get to write it off on their taxes.

– Child support rarely has an impact on child visitation. However, a non-custodial parent who does not comply with a visitation order can be taken to court and custody may be changed.

– Child support orders can be modified if a parent has a sudden, unexpected drop in income.

– Child support usually continues until a child reaches the age of majority (16 to 19), joins the military or becomes emancipated or self-supporting.



Thanks to Elijah James for contributing this article to our Divorce blog:

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Can you answer O:D’s question about Divorce?:

Hi, After 6 months of short marriage, we decided to divorce. We married in America but now I am living in USA and my spouse is living in Europe. We both agreed to divorce and looking for the easiest way to file divorce. Is anyone know what wil be the best way? We don’t have children nor property nor debt. Thank you very much

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