Child Support Laws

Basics of Child Support Laws

So, what do you need to know about child support laws? Child support is usually ordered by the court as part of a divorce proceeding or as the result of a paternity suit. The intent is for a non-custodial parent to share the financial responsibility for any of his or her children. Both mothers and fathers can be ordered to provide support, although judgments against fathers are more common.

Child support laws are determined by the state, so they vary widely. In general, they are broad laws so that they can be customized for individual cases.

Variations in the Laws

Family law is quite complex and must cover infinite situations. Some of the scenarios that the laws must address include:

• Enforcement of child support: Every state has an office of child support enforcement charged with ensuring payments are made to custodial parents. When someone is behind on payments, it may be possible to garnish his or her wages, income tax refund, or other assets.
• How payments are made: Many states now require child support to be taken directly out of a parent's wages; this has solved many problems relating to people making late payments.
• How financial obligations are determined: Federal law requires each state to have set guidelines for determining the amount of child support the court can order; this is intended to keep payments equitable regardless of the judge. However, each state has a unique formula for determining these payments; you can use a child support calculator for your state to determine your obligations.
• How remarriage affects child support: The financial situation of the parents may change when one or both remarry. In most states, a step-parent is not considered legally responsible for a step-child unless he or she adopts the child. However, under some circumstances, the court can take a step-parent's income into account when calculating support payments.
• Duration of child support: Every state in the U.S. requires a parent to pay child support at least until the child reaches the age of majority. However, some states extend the obligation if the child is still in school full-time. Child support payments can generally be terminated if the child joins the armed services or is emancipated.
• Recalculating support payments: Life brings about constant changes and sometimes these variations are expensive. Most child support laws allow the courts to recalculate support payments if there is a major change in the financial situation of a parent or in the needs of the child. For example, if the child has major medical expenses, the non-custodial parent could be expected to share responsibility for the new financial burden. Or, if a parent loses a job, support could be reevaluated.

Finding the Laws for Your State

Since the laws governing support are dictated by the state in which you live, you will need local resources to answer your specific questions. Of course, a local family law attorney can help you navigate the red tape, but if you want to do some research on your own, the following links will be helpful:

• U.S. Administration for Children and Families: Links to web sites for every state's Office of Child Support Enforcement
• Findlaw: Overview of child support and divorce laws by U.S. state.
• Canadian Department of Justice: Canadian child support guidelines