The Basics of Child Support

Answer 1

Divorce, separation or single parenthood may lead a court to order the non-custodial parent (the parent who does not live in the same home as the child) to pay child support to the custodial parent. There are less frequent situations where both parents pay child support to the child's legal guardian. In either case, support should be provided to a child for his or her proper care. Child support regulation is an important social issue because of the rise in divorces and the number of children being raised in single parent households. State child support enforcement agencies have taken an active role in pursuing payments from non-custodial parents.

The agency works with family court to issue a child support order. The amount of the support payment is based on the guidelines in the state, which is determined by the income of the non-custodial and the number of children for which child support is sought. The court will also consider the custodial parent's income. Extenuating circumstances may lead to a deviation of the guidelines in the court. A custodial parent who has a high income does not mean child support is not paid; the child has a right to benefit from the income of both parents. Child support payments can increase for cost of living adjustments or if the custodial parent's income decreases. Conversely, payments can decrease if circumstances change for the non-custodial parent.

Joint Custody

Both parents are considered custodial parents when a child spends equal time with both, typically six months per year with each. It is not uncommon for the court to still require one parent to pay child support, especially when there is an income disparity between the parents. For example, if one spouse stayed at home during the marriage and the other earned a six figure income, the stay-at-home parent could not meet daily expenses without financial support.

Enforcing Child Support Orders

Violating a court order to pay child support payments can lead to state and federal government enforcement techniques. One of the most common techniques is a wage deduction order. Employers are ordered by the court to send a portion of the non-custodial parent's wages to the state agency that administers child support payments. The money is forwarded to the custodial parent. Wage deduction orders are used to collect current and past due child support payments.

Federal and state tax refunds can be intercepted if a parent falls behind in child support payments. In some cases, liens are placed on real estate or automobiles to collect past due child support payment.