Basic Information on Child Support

In a divorce or legal separation context, "child support" refers to an obligation to make periodic payments of money for the financial expenses associated with raising a child. Child support payments are typically associated with a child custody arrangement such as sole custody or joint custody. Usually, but not always, payments are made by a non-custodial parent to a custodial parent of the child.

The reasoning behind child support is that both parents are legally obligated to provide financial support for their children, even if they do not live together. Laws governing child support vary from state to state.  However, the federal government determines much of the over-arching framework.  The federal government provides for child support requirements through the Administration for Children and Families, a branch of the Department of Health and Human Services.

Persons Who Must Pay for Child support

In legal parlance, the parent receiving the payment is called the "obligee", while the parent making the payment is called the "obligor". Child support requirements are gender-neutral; that is, either the father or the mother may be legally obligated to make payments. Payments may be required after divorce or legal separation.

Unless they have legally adopted the child, stepparents of children are not legally required to pay child support. The same holds true for other persons who have legally adopted a child, such as a grandparent or an aunt or uncle.

Child support may also be required if a marriage has not yet occurred. In the event that one of the child's parents cannot be determined, courts have allowed for paternity or maternity tests to validate whether a person is required to make child support payments.   

Items and Expenses that are Covered by Child Support

The laws regulating child support payments vary from state to state. However, they are generally the same in that they typically require child support to be paid for the following expenses:

Accounting for Expenses

All courts expect that the monies paid for child support will be used for the child's expenses.  However, some states have ruled that child support may be used for purposes that indirectly benefit the parent as well, such as for providing heat or air conditioning in the place where the child and parent both live.

Also, states have different requirements as to the level of detail of accounting in rendering and accepting payments. For example, California does not require any level of accounting for the monthly payments accepted; it is simply assumed that the money will be used for the child's expenses.  However, in the following 10 states, an accounting for expenses must be provided if requested by the court or the parent making payments:

Calculating the Amount of Child Support to be Paid

Child support payments are based on cost-of-living standards. Since the cost of living varies by state, each state sets different requirements for the amount to be paid. Every state has its own formula by which it calculates child support. What usually happens is that the court will require each party to submit a statement of finances which includes monthly income and detailed expenses. Using the statements, the court will then compare cost of living standards in order to arrive at a monthly payment amount.

Additionally, most states may also conduct a case-by-case calculation of support amounts using factors such as the following:

Also bear in mind that courts will often make calculations based on the potential earning capacity rather than actual earning capacity, whichever one is higher. Finally, a judge might also consider what the child's standard of living was before the divorce or separation.   

Methods of Payment

Most states have a child support registry available for purposes of keeping track of payments. The obligor would pay into the registry, which would then forward the payments to the obligee. This is a preferred option, since records are kept of payments for future reference.

Enforcing Payments

Child support is meant to be for the benefit of the child, and delinquent payments are taken seriously. If child support has not been paid, the court may serve papers to the delinquent parent compelling them to pay. Further withholding of payments may result in the following:

Later Modifications of Child Support Payments

Some states require parents to submit regular tax return reports for purposes of recalculating child support payment amounts. All states allow either party to file a motion at any time requesting for a recalculation. The usual requirement for such a motion is that the requesting party be able to demonstrate a "change in circumstances". Some changes that qualify for recalculation purposes are:

The court must go through another analysis, and so recalculation can sometimes be a timely process. Be sure to file quickly and without delay.

Termination of Child Support Payments

Child support payments may be terminated in some instances, including:

Recap

Making child support payments is important because the child will depend on the financial support. If you will be making or receiving child support, be sure to consider the following points: