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Child Support
Get help here on any issues around payment and non-payment of child support. Custody and visitation rights issues are legally separate from support and have their own topic. Be advised that many answers here apply only to the United States and may not apply anywhere else.
8,359 Questions
What does it mean to amend your child support order?
Amending a childsupport order or any court order refers to changing the terms ofthe existing order.
An example would be anon custodial parentpetitioning the court for decrease in the payment amount.
What is a reasonable amount of money to bring on a 2 week vacation for a child?
You will want to put in the amount of food, possible clothes, and any amenities the child will need while on vacation. Also will the child need to pay for houseing like a motel room? Then add up final costs.
Are child support laws in the United States justified?
That depends on your perspective. The goal of American child support laws is to ensure that parents fulfill their obligation to provide for their children financially. Whether or not our system meets that goal is a matter of intense debate.
Critics say that the laws aren’t fair for non-custodial parents, or that the laws don’t make enough distinctions to allow for unusual circumstances. To dig into those issues, let’s look at a few child support statistics, courtesy of the CDC:
- About half of all 13.6 million custodial parents have child support agreements. Some of these agreements are informal, which means they're not legally enforced.
- About two-thirds of custodial parents receive some payments from non-custodial parents.
- However, only 43.5 percent of custodial parents receive the full amount of child support owed to them. That means a large percentage of noncustodial parents make partial payments.
- In 2015, the total amount of child support due was $33.7 billion.
Given those numbers, it might be reasonable to question whether child support laws are justified, since a hefty percentage of noncustodial parents aren't paying their due (or they're paying less than the full amount of their obligation). There are two simple conclusions: Either child support payments are set at unreasonably high levels, or noncustodial parents don't face serious legal repercussions for failing to pay.
In either case, there's something wrong with the system we use to mandate child support payments. However, there are other factors to consider.
States set child support laws, not the federal government.Here's an issue with the phrasing of the question: For the most part, states set and enforce child support laws, and those laws vary greatly from state to state.
That's not to say that there aren’t any nationwide regulations concerning child support. For example, federal law makes it illegal for parents to willfully fail to pay child support after receiving a court order, even if that parent is not living in the state where the order was charged. This gives courts the right to enforce child support laws across state lines.
Also, per 18 U.S.C. § 228(a)(2), people who owe child support cannot cross state lines or flee the country to avoid paying their past-due child support. If they do so, they face fines and prison time.
Apart from those laws, however, states are responsible for setting up their child support systems. All child support enforcement matters "must be addressed at the local or state level before concerns can be raised at the federal level," per the Department of Justice.
States generally set their child support models to one of these standards:
The Income Shares Model - This is the most common model, used by 40 states. The basic idea is that the child should receive the same proportion of the parental income that they received when the parents were together. It considers both parents' income. Therefore, if a custodial parent makes significantly more than the non-custodial parent, the non-custodial parent will pay less (and vice-versa).
The Percentage of Income Model - In this model, the support calculation looks at the noncustodial parent’s income, but not the custodial parent’s income. Seven states use this model.
The Melson Formula - The most complicated of the models, the Melson Formula incorporates several public policy judgments in order to adequately provide for the basic needs of each parent (in addition to the children's needs). Basically, it allows more money for child support as income changes. Three states (Delaware, Hawaii, and Montana) use the Melson Formula.
A paper written by Jennifer Noyes of the Institute for Research on Poverty at the University of Wisconsin-Madison noted that “"he Income Shares model is perceived to be fairer than the Percentage of Income model because it explicitly, rather than implicitly, accounts for the contributions of both parents in the calculation of child support."
However, Noyes also pointed out that shared-custody arrangements are becoming more common, and some states have revised their child support calculations to accommodate for these situations. It’s extremely difficult to calculate a perfectly "fair" payment in every case, and each of the models has issues. That’s part of the reason for the high number of non-payments in the U.S. child support system—states have a tough time figuring out fair systems that adequately protect children.
So, are American child support laws justified? Yes and no. Ultimately, child support laws make sense; it takes two parents to create a child, and both parents have an obligation to provide for their children, regardless of whether or not they have custody. However, our system could probably use some improvement, and any changes will have to occur at the state level.
Is Illinois a state that combines income of new spouse for child support?
No. Child support is paid by non custodial parent, not step parent. Income of a New Spouse: Contrary to common belief, Illinois law permits judges to consider the income of a second spouse when establishing or modifying child support awards. The door swings both ways, too. A custodial parent who remarries a well-to-do spouse may suffer a reduction in child support to be paid by the non-custodial parent.19 Likewise, a non-custodial parent who remarries a spouse of substantial means may be required by the court to pay a higher child support than if the marriage had not taken place. http://www.illinoisdivorce.com/family_law_articles/etsblishing_child_support.php
find a nice time like a holiday so you call for a reason other than just money than nicely ask for the money that you need.
How do you freeze bank accounts for back child support in Texas?
The State child support agency does this.
My father never paid child support now i am 28?
can i get back money ? he was ordered but never payed in over 20 yrs
Yes you can get more support because child support is estimated by income of the payee.. go get it lolh
The first issue to address is the matter of "sending a child to a friend". The biological parents of a child are responsible legally and financially for that child unless the court has officially relieved them of that responsibility. Parents cannot arbitrarily "give" a minor child to a friend even *temporarily without the necessity of a written agreement stating how the child is to be cared for, how long and the terms relating to monetary obligations. *Temporary non legal custody, is generally viewed as 90 days or less, any longer period requires the parent(s) and named caregiver to follow prescribed legal procedures. The person with whom the child is residing has no legal obligation to keep and support said child. If the parents are not willing resume custodial obligations the current caregiver should contact the state's department of children's protection services for assistance.
Absolutely not. Visitation rights are decided by the court. Unless the court changes the visitation order, non-payment of child support is not grounds to withhold legal visitation rights.
How to require an escalator clause for child support in Washington state?
Unneeded as it is already provided for under federal law.
No. A 14-year-old does not get to decide where they live. If you leave home and your boyfriend
What does it mean when child support in NJ was paid by special collections?
I'm pretty sure it means that child support has garnished wages and or is intercepting any and all funds that come from any source of the parent who has to pay lots of back support. This probably means that the parent didn't willingly pay on his/her own. It was taken by child support!
What happens if you sign a stipulation for child support?
You agree to the stipulation and it becomes a court order.
You agree to the stipulation and it becomes a court order.
You agree to the stipulation and it becomes a court order.
You agree to the stipulation and it becomes a court order.
You can do it under teh Dominican Law and send him the papers to the USA, or come to the states and go to DHS, it is a longer process, but it works.
What is no fault state in Florida in regards to child support?
No Fault Divorce is not a considered item in the establishment of child support. However, it should be noted that Florida no longer has an age limit on when child support ends, so it must be addressed in the order.
Does child support enforcement use a 941 form to verify income?
Only as it addresses an personal obligation by a business owner.
That is a bit complicated, I mean the effect of child custody arrangements/orders. I would start here:
Family Educational Rights and Privacy Act (FERPA)
www.ed.gov/offices/OM/fpco/ferpa/index.html
The US Department of Education website has the complete regulations and an analysis of how they work.
From the custody angle, I would say see an attorney, or at least go see what is called the "Family Law Facilitator", or the equivalent in the county where you custody case is. They cannot give you legal advice per se, but they are their to help you know what forms you need to fill out to do this thing or that.
David E Cook
Journalism Instructor
selfteachingresources.com
Can a 31 year old adult child collect back child support from his biological father in Louisiana?
Yes. There is no statute of limitations on collecting past-due child support. Keep in mind that he might not have any money.
Do you as an adult have any rights to the back child support your mother is getting?
No. The purpose of collecting back child support is to financially reimburse the custodial parent for the support he or she provided in the past. It is not intended to provide present or future support. The debt is owed entirely to the mother in this case, since she was the one who provided financial support to the child.
There are cases in which an adult can receive the back child support owed to their parent, but these usually involve the death of that parent.
Can a pregnant woman defer her child support payment until she delivers her new baby?
The question is a bit confusing. If the "new baby" is the child for whom the support is needed and the parents are unmarried, the child must be born and paternity established before an order of support can be filed.
Can you obtain child support if your husband has been unemployed for 3 years?
Whether or not you can collect the monies owed is questionable. However, the custodial parent can and should file suit for support and use the judgment in whatever manner is allowed under the laws of the state.
That could mean the garnishment of unemployment benefits or public or private pension or disability benefits. Levy of the obligated parent's bank account. Lien against real property owned by the obligated parent and so forth.
The law does not accept the inability of a parent to support his or her minor child/children. The parent will be forced to find employment or other source of income to honor his or her financial obligation or face legal repercussions. Perhaps the suspension of their driver's license or possibly incarceration.
