Child support laws are the set of laws that govern and regulate child support arrangements between parents for the best interests of a child. Child support laws dictate how court-ordered payments will be made from one parent to another in a family law case that involves divorce or legal separation with a child.
Child support laws aim to ensure that children are well taken care of and supported during their upbringing. Child support laws often interact with other laws that fall under the scope of family law, such as divorce laws, spousal support laws, and child custody/visitation laws.
What Are Child Support Payments?
Child support is a court-ordered payment that one parent makes to the other for the benefit of their child. Child support laws differ in each state, but all outline the amount of support based on custody (or how much time the child lives with each parent) and the parent’s income and finances. The parent who does not have primary physical custody of the child or who lives with a child less than half of the time is generally the parent who is ordered to make child support payments.
The purpose of child support is to provide for the child’s financial needs, even in situations in which they do not live with both parents. Additionally, both parents are responsible for the financial support of their children; as such, child support is necessary to ensure that both parents are fulfilling their legal financial obligations to their child.
Some examples of such financial needs that are addressed by child support payments include, but may not be limited to:
- Food, shelter, and clothing;
- Medical care and health-related expenses; and
- Educational expenses, such as private school tuition.
Mandatory child support is how the court can ensure that non-custodial parents contribute to their children’s needs. Mandatory means that the support is required by law, and the parent who is required to pay cannot escape that obligation. Additionally, the parent with physical custody of the children cannot refuse to accept the child support payments that the court has ordered for the child.
When parents do not share physical custody equally, or when the child lives with one parent more than half of the time, the parent that the child spends less time with will be required to pay child support. A parent of any gender can be ordered to pay child support, and they do not have to have ever been married for a parent to be ordered to pay child support.
When there is a dispute regarding the child’s biological father, the court will generally order a test to determine paternity before calculating and ordering child support. Adoptive parents will be subject to child support laws; however, absent a legal adoption, step-parents are not obligated to pay child support to their step-children.
How Is The Amount Of Child Support Payment Determined?
Each state has its own guidelines that are used to calculate the specific child support payment in each situation. Still, payments are generally based on the specific circumstances of the parents who will be paying. The support guidelines will generally give the court a range of options, and the judge can order an amount within that range.
Some states give judges considerable discretion when determining the final amount, while others require the court to adhere to strict guidelines.
Certain factors must be considered when figuring out the final child support obligation, regardless of the circumstances or the state. Examples include:
- The specific needs of the child, including healthcare needs and medical expenses, education, childcare, and other special needs;
- How many children the parent is responsible for supporting;
- The custodial parent’s income compared to that of the non-custodial parent;
- The ability of the non-custodial parent to pay child support; and
- In the case of divorce, the court considers the child’s standard of living before the divorce or separation.
Each parent will be required to submit their financial information to the court, generally in the form of a financial statement that outlines all monthly income and expenses. The court uses this financial information and the amount of time each parent spends with the child under any custody arrangement and visitation schedule and uses a child support calculator to determine the amount that will be owed each month.
What Other Issues Do Child Support Laws Cover?
As mentioned above, child support laws include various laws concerning the payment and collection of child support. In addition to a basic child support order where one parent, known as the obligor, pays the other parent, known as the obligee, court-ordered child support payments, other laws may be utilized to modify, terminate, or collect back child support. Examples of the most common child support laws include:
- Child Support Orders: As noted above, obtaining a child support order from the Court for the best interest of the child(ren) is the most common child support law as it establishes the payment of child support;
- Modifying Child Support: Once child support has been established, one of the parents may wish to increase or decrease the amount of child support based on a change in circumstances.
- It is important to note that a Court will typically not allow for a modification of child support unless the party seeking the modification can demonstrate that there has been a significant period since the last order was rendered or that there has been a substantial and material change in circumstances.
- Examples of a substantial and material change in circumstances could include a loss of job, an increase or decrease in income that would alter the previous order by more than $100 or 10%, the child changing principal residences by living with the other parent, or an additional child being born to the obligor;
- Terminating Child Support: In general, a child support order will terminate automatically based on the terms of the original child support order or, in most cases, the death of the obligor.
- However, there are some cases in which the estate of the obligor will still be liable for the child support order, or the child support order continues after the child reaches the age of majority or graduates high school.
- For example, there are many instances of child support orders that do not terminate until the child reaches 26 years of age or graduates college or a trade school;
- Laws Concerning Not Paying Child Support: Child support laws also cover the civil and criminal penalties for obligors that fail to make timely child support payments.
- Examples of common penalties include wage garnishments or, in some cases, imprisonment for failure to make payments; and
- Retroactive Support Laws: Child support laws also deal with obtaining retroactive or back-due child support.
- For example, if an obligor is behind on payments, an attorney may be retained to file for past due child support to obtain a court order to garnish the obligor’s wages, have a sheriff levy an obligor’s assets, or have the obligor’s bank account levied.
Once again, when determining how to apply the child support law necessary for the specific case at hand, a court will use the child’s best interest standard. As such, every case will involve an analysis of what ruling would be in the child’s best interest, not what ruling would be in the best interest of either parent.
Do I Need a Lawyer for Help With Child Support Laws?
As can be seen, many laws deal with the payment and collection of child support. Therefore, if you have a case that involves a child or an existing child support order, it is in your best interest to immediately consult with an experienced child support lawyer.
An experienced attorney can help guide you through the child support process, whether obtaining the initial order, modifying an existing order, or terminating child support altogether. Finally, an attorney can also represent you in court, as needed.
