Child Support
Child support is a financial obligation that a noncustodial parent must fulfill to assist in the care and upbringing of their child. It typically encompasses essential needs such as food, clothing, shelter, medical expenses, and potentially daycare costs. Child support arrangements are generally established during divorce proceedings, separations, or upon determining parentage, with the amount often dictated by either mutual agreements or court orders. The underlying principle is that both parents have a responsibility to support their children financially, regardless of their living arrangements.
Different states have their own regulatory frameworks and guidelines for calculating child support, often employing one of several models, such as the income shares model, percentage of income model, or the Melson model. While the enforcement of child support is mandated by federal law, the specific implementation and enforcement mechanisms can vary by state. Parents may seek adjustments to support amounts if their financial circumstances change significantly. Ultimately, child support is a legal requirement aimed at ensuring children's needs are met, promoting their well-being and stability in various family situations.
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Child Support
Child support is the financial support that a noncustodial parent pays for the care and support of a child. This covers the basic needs of the child, such as food, clothing, and shelter, as well as medical needs and the cost of daycare, if applicable. Child support is often determined at the dissolution of a marriage or civil union or following a determination of parentage. The amount of child support may be based on a voluntary agreement between the parents or an order by a court or administrative agency.
Child support is based on the theory that parents have an obligation to financially support their children even if a parent does not live with or have a relationship with the children. The expectation is that financial support for a child should allow the child to live a lifestyle based on the wealth of both parents.
The obligation to pay child support is mandated by federal law. Federal law also requires each state to operate a child support enforcement program. These programs may be administered through the state’s attorneys general office, department of revenue, or human services department. Each state makes its own laws governing child support and guidelines to establish, modify, and terminate child support orders and collect and enforce child support payments.
Background
State laws govern child support orders and the amount and terms of child support payments. While laws and guidelines used to establish child support vary among states, the one constant of each state is the requirement that both parents support their children.
Child support may be established at the time of divorce or termination of a civil union. In such cases, the parents may establish an informal agreement or the court may issue an order establishing child support. In the absence of such agreements or orders, the custodial parent must petition the court for a child support order. In cases where the custodial parent has requested financial assistance from state government programs, such as welfare programs, the state may petition the court for the child support order in lieu of the custodial parent.
The first step in establishing child support is identifying the noncustodial parent. This is often an issue in cases in which the parents were not married or living together. In those cases, the father may deny parentage. The state will then order DNA tests to determine paternity. A mother who is receiving financial assistance from government programs is required to identify the father.
Once the identification or paternity of the noncustodial parent is established, the court or an administrative office will determine the amount of child support and when it is due. States calculate the amount of child support based on the guideline models they have adopted. In general, three guideline models are used: the income shares model, the percentage of income model, and the Melson model.
Overview
The income shares model is the method used by the majority of states. This model uses the adjusted gross incomes of both parents. It determines the percentage of the total income earned by each parent and then uses that percentage to determine the share each parent should pay for the child’s support. The percentage is multiplied by an established amount that the state believes parents with that income would pay for child support if they were living together. For example, if the parents had a combined adjusted monthly income of five thousand dollars and the noncustodial parent had an adjusted monthly income of three thousand dollars, the noncustodial parent would be responsible for 60 percent of the child’s support. Suppose the state guidelines showed that for families with adjusted monthly incomes of five thousand dollars, the monthly cost to support a child was one thousand dollars. If there were no daycare costs, the child support payment for the noncustodial parent would be six hundred dollars a month, or 60 percent of one thousand dollars. If there were daycare costs, a percentage of those costs would be added to the monthly guideline cost before calculating the final child support amount.
The percentage of income model uses only the income of the noncustodial parent and is based on a percentage of that parent’s gross or net income. The percentage rate varies by state. In some states, the same rate is used for all income levels, while other states have varying rates. The percentage of income model is the simplest method to calculate and understand, but it has flaws. It does not consider add-on costs, such as daycare costs. Nor does it make adjustments for extraordinary medical expenses.
The Melson model is similar to the income shares model, but it is based on the theory that the parents’ basic needs must be met before those of the child. It uses a formula to calculate the amount of money the parents need to support themselves and deducts this amount from their combined income. It then applies the percentage of the total income each parent earns against the remainder of the income to determine each parent’s share of child support.
Medical support is included in child support and may be determined by adding the costs of health insurance premiums and medical expenses to the basic support amount and calculating each parent’s share. An alternative is to require the noncustodial parent to pay all medical costs. These costs may be in addition to the basic support amount or may be deducted from the noncustodial parent’s income before the basic support amount is calculated.
A parent can ask the court to award more than the minimum amount determined by the guidelines. The court will consider awarding more in cases where one parent has substantial assets and expenses higher than the reported gross income, the child is accustomed to a higher standard of living than would be possible based on the support payments, or the child has extraordinary needs or expenses.
Some states periodically review child support orders and modify the amounts. Most states, however, require the individual who wants the amount changed to file a motion to modify with the court. Both the noncustodial and custodial parent can request a modification any time there are significant changes in the circumstances that affect the child support amount. Most courts consider significant changes those that would result in at least a 10 percent adjustment. Circumstances that can result in modifications are increases or decreases in either parent’s income, unemployment, disability, new children, the cost of daycare, and inheritance.
Most states require child support until the child reaches the age of maturity, which is eighteen in most states. In some states, child support may continue until the child is twenty-one or until he or she graduates from high school. In a few states, child support continues until the child graduates college. Child support may be extended for children with severe disabilities beyond the age of maturity.
Both federal and state laws govern the enforcement of child support. Federal laws make it illegal to fail to pay child support, and it is a criminal misdemeanor if payments are withheld willfully rather than by accident. It is a felony to owe more than two years of child support payments or more than ten thousand dollars. Violators are subject to prison and fines.
Enforcement of child support payments falls to the states before it can be referred to the federal system. If a person owing child support fails to make payments, the custodial parent can file a motion with the court. The court will set a date for a hearing. Prior to the hearing, the parties may try to settle the issue, with the obligor, or person who owes support, paying the past-due amount, agreeing to make payments on time, or creating a payment schedule to bring the amount due up to date. If no arrangements for support are made, the court will hold the hearing and may issue a determination of either technical or willful contempt. Technical contempt is a finding that the obligor failed to make payments but may have had a justifiable reason to do so, such as unemployment, illness, or disability. The judge will issue an order that attempts to resolve the issue in light of these factors, such as that the obligor make a lump-sum payment by a certain date or find employment. Willful contempt is a finding that an obligor intentionally failed to make payments without good reason or that the obligor has a history of noncompliance. Judges often sentence an obligor in willful contempt to a correctional institution.
States attempt to enforce child support orders by collecting child support payments. Methods include garnishing wages, reporting newly hired employees to child support agencies, suspending driver’s licenses, putting a lien on the obligor’s property, and booting cars. The department of revenue may seize an obligor’s bank account and passport. The intention is not to punish the obligor but to compel child support payment.
Bibliography
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Child Support Homepage. NCSL, 2015. Web. 14 June 2015.
Grall, Timothy. "Custodial Mothers and Fathers and Their Child Support: 2011." US Census Bureau. US Census Bureau, Oct. 2013. Web. 14 June 2015.
Howe, Karen A. "An Overview of Child Support under Florida Law." Brandon Family Law Center. BFLC, n.d. Web. 14 June 2015.
Legal Information Institute. "Child Support: An Overview." LII. Cornell U, n.d. Web. 14 June 2015.
National Conference of State Legislatures. "Child Support Guideline Models by State." NCSL. NCSL, Apr. 2013. Web. 14 June 2015.
Sorenson, Elaine. "Major Change in Who Is Owed Child Support Arrears." United States Office of Child Support Enforcement. OCSE, Mar. 2014. Web. 14 June 2015.
United States. Department of Justice. "Citizen’s Guide to U.S. Federal Law on Child Support Enforcement." DOJ. DOJ, 2 June 2015. Web. 14 June 2015.
United States. Office of Child Support Enforcement. Child Support Handbook. OCSE, 28 Feb. 2013. Web. 14 June 2015.