Child support is a court determined, periodic payment that is typically ordered when two parents are no longer living together or as a result of a divorce proceeding. Child support is intended to help provide for the costs of raising a child.
Although child support laws differ in each state, all child support laws will typically determine the amount of the child support based on the amount of time the child lives with each parent, the child’s best interest standard, and each parent’s income and financial obligations.
In general, the parent who does not have primary physical custody of the child or who lives with the child less than half of the time is typically the parent that is ordered to make child support payments as outlined in a child support order.
Mandatory child support is one means by which a family law court can ensure that a non-custodial parent is contributing to the needs of their biological or adopted children via court order. The word mandatory means that the child support is required by law, and any parent who is required to make payments cannot escape their obligation.
Additionally, the parent with physical custody of the child or children cannot refuse to accept the child support payments that the court has ordered the other parent to pay to them in order to provide for the needs of the child.
As mentioned above, when parents do not share physical custody of their child 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 generally be required to pay some form of child support.
In order for this to occur, typically the parent with primary custody will request that a family law court order the non-custodial parent to pay child support. After a court receives a petition for child support, or the primary parent utilizes their local Child Support Enforcement Agency to assist them with filing a petition, they will then notify the non-custodial parent of the civil action.
The non-custodial parent will then be able to provide an answer to the petition for child support, as well as any requested documentation by the court. For instance, an individual may be requested to fill out a sworn child support affidavit. A child support affidavit is a written statement or declaration that a person swears to under oath declaring their financial information, including whether or not they currently receive or obligated to pay child support.
Child support agreements can also be created independently, outside of court, through negotiations between the parties, such as mediation. Child support agreements should always be made in writing and should meet all the requirements for a valid contract. If desired, the agreement can be submitted to a judge to be converted into a formal child support order.
Importantly, any gender of parent can be ordered to pay child support. Additionally, it is not necessary that the parents were ever married in order for a parent to be ordered to pay child support.
However, when there is a legal dispute regarding who the biological father of the child is, the court will generally order a paternity test before calculating and ordering them to pay child support. Adoptive parents are also subject to child support laws. However, absent a legal adoption, step-parents are not obligated to pay child support to their step-children.
What Is the Average Child Support per Child?
As mentioned above, child support is intended to help provide for the costs of raising a child. In order to accomplish that task, each state has developed different laws regarding calculating child support. The laws regarding calculating child support will typically be outlined in a child support guideline.
Child support guidelines provide an outline of all of the different factors that a court may consider when calculating a child support award figure. These factors are generally related to the parents and include their income, financial stability, monthly needs, and work history. Child support guidelines may also consider the needs of the child, such as their educational background, as well as physical and mental health.
It is important to note that there is no average child support figure, as child support will be based on a percentage of each parent’s unique income situation. However, the average amount a person ordered to pay support may expect to pay for child support ranges from around 20 % to 25% of their net income per month. Such an amount is typically considered to be in the child’s best interest, however a court may deviate and order a lesser or greater amount based on other factors.
Examples of common factors that a court may consider when deviating from the standard child support amount include:
- Whether there has been evidence of domestic abuse in the case at hand;
- Whether the child has any special needs, whether physical, medical, or academic;
- The income and education levels of each parent; and
- The number of children that are involved in the custody arrangement and covered by the child support order.
For example, if a person has a child support obligation to support 3 children, then their average amount for child support will likely be 30% to 35% of their net income per month. Importantly, if a person has a higher number of children, say 8 children, then there may be a cap on how much of their net income will be reserved for child support, such as a 50% cap.
For calculating child support payments, the term income might include:
- Wages and salaries from employment;
- Tips, commission, and other types of bonuses;
- Capital gains;
- Earnings from any self-employed activities;
- Unemployment, disability, or worker’s comp benefits;
- Interest, dividends, and other sources of finance;
- Income from rental properties;
- Pension and social security; or
- Winnings from lotteries and other prizes.
What Are the Steps to Collect Child Support Payments?
As mentioned above, the general steps in order to collect child support are:
- Establish Parentage: If a person was not married when their child was born, then there is likely no presumed father, and a paternity test will need to be performed or the father may sign an adjudication of parentage;
- Establish Child Support Order: Next, the party seeking child support will contact the appropriate agency or court to file a petition for support, with the support being calculated by utilized the appropriate state child support guidelines; and
- Enforce Child Support Order: Once the child support has been ordered by the court, the parent receiving a report will likely receive instructions on how to set up an account to receive payments.
An attorney can calculate how much you will likely receive in payments or be obligated to pay per the child support guidelines of your state.
How Long Does It Take To Get Child Support Payments?
As far as the court processes to get a child support order, that will vary depending on the nature of each person’s particular case. For example, if the child support is part of an ongoing divorce matter, child support payments may either be ordered temporarily during the pendency of the case, or reserved for the final hearing.
Once the parent entitled to receive child support has a valid child support order, then they can then set up an account to begin receiving payments as outlined in the order. Typically payments will be made on the first of each month and continue until the child support order ends.
How Can I Enforce Child Support Payment Obligations?
If a parent is obligated to pay child support payments and refuses to make timely payments, then the receiving parent can enlist the aid of a child support enforcement agency to help them enforce and collect the child support.
Child support agencies have many resources that can locate the non-custodial parent and collect the amount owed for child support. Child support agencies also employ attorneys who will bring the case before the family court judge in order to have an enforcement order entered.
That child support enforcement order will then give the agencies the ability to freeze the obligor’s bank accounts, suspend their driver’s license and other professional licenses, and garnish their wages to collect on the child support owed.
What If I Need the Child Support Order Changed?
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 courts 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 (generally more than 3 years) since the last order was rendered or 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.
What Does “Retroactive” Child Support Mean?
Retroactive child support refers to the payments that are due because they were missed in the past. Retroactive child support can either refer to payments that were missed before a child support order was actually issued, or payments that have been missed since the child support has been ordered.
Typically, retroactive child support is limited to a certain period of time, as the laws encourage parents to timely bring child support claims to timely care for the needs of their children. For example, if a person is seeking to obtain child support for a 16 year old child for the first time, retroactive child support may be limited to the past 1 year, instead of ordering 16 years of retroactive support.
Do I Need a Lawyer for Assistance With Child Support Issues?
If you are having any issues related to obtaining, modifying, or enforcing child support, then it is in your best interests to consult an experienced child support lawyer. A child support lawyer can help you with determining child support and child custody.
A child support attorney in your state can also help you understand your legal rights and options according to your state’s specific family laws. Additionally, an attorney will also be able to represent you in court, as needed.
