Child Support

While some states use an income-share model to consider the income of both parents when figuring support payments, others will only consider a percentage of the non-custodial parent’s income in their calculations. The presence of a joint custody agreement may also be considered in determining the support payment.

The amount of child support owed is usually based on the number of minor children in need of support and the non-custodial parent’s net income at the time of the divorce agreement. However, adjustments can be made if the non-custodial parent sees a substantial increase or decrease in his/her income.

Child support is not considered taxable income for the person who receives the payment. In addition, it’s not tax deductible for the person who makes the payment.

In most states, there is no statue of limitations for child support payments. This means that a parent can collect on back child support long after the qualifying child has left the home. There have been cases of parents collecting child support payments that were due nearly 40 years ago!

Child support laws will vary by state and on a case-by-case basis. Please consult your attorney for further information.

Consequences for Failure to Pay Support

Failing to pay child support is a serious offense. According to the Office of Child Support Enforcement at the Department of Health and Human Services, the following are some of the many actions that can be taken against a parent who fails to pay court-ordered support:

• Child support payments can be automatically withheld from the non-custodial parent’s wages.
• State or federal income tax refunds can with withheld for support payments.
• He/she may lose his/her driver’s license. Many states will suspend the licenses of drivers who are found to owe a substantial amount of back child support.
• The state can refuse to renew a non-custodial parent’s occupational or professional licenses if back support is owed.
• Assets may be seized or liens can be placed on property.
• A non-custodial parent can be denied a passport if he/she owes back support payments.

Contrary to popular belief, child support payments have no relevance to court-ordered visitation schedules. If a non-custodial parent fails to pay his/her child support, he/she is still legally entitled to standard visitation with the children. In addition, the non-custodial parent may not refuse to pay child support on the basis that he/she has not been allowed to see the children.

The obligation to pay child support can not be erased by declaring bankruptcy.

Additional Resources

• Federal Office of Child Support Enforcement
• Handbook on child support enforcement
• Links to various state child support websites