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Child
Support
Child support is a court-ordered payment by one parent to the
custodial parent of a minor child after divorce (dissolution) or
separation. Usually the amount of support is based on the income of
both parents, the number of children, the expenses of the custodial
parent, and any special needs of the child. In many states or
locales the amount is determined by a chart which factors in all
these figures. It may also include health plan coverage, school
tuition or other expenses, and may be reduced during periods of
extended visitation such as summer vacations. Child care expenses
(resulting from employment), medical, and educational expenses will
usually be pro-rated in proportion to the parent's income.
Generally, child support payments are for the ordinary expenses of
food, shelter, clothing, education and medication needs for the
children only. Child support generally continues until the child
reaches 18 years, graduates from high school, is emancipated (no
longer lives with either parent), or, in some cases, continues after
the child reaches 18, such as duiring college attendance. Some
states have child support guidelines for determining what expenses
are included and in what amount.
The award of child support may be modified by the court upon
petition of either party if a change of circumstance of the parents
or child is proven. Child support is separate from alimony (spousal
support) which is for the ex-spouse's support. Child support is not
deductible from gross income for tax purposes nor is it taxed as
income, unlike alimony, which is deductible by the payer and taxed
as the adult recipient's income.
Child support and visitation are independent obligations. You can’t
stop paying support if visitation is denied, and you can’t deny
visitation for nonpayment of child support. A person who denies
ordered visitation or fails to pay ordered child support can be held
in contempt of court and states have various remedies, which vary by
state, for pursuing claims against parents who owe back child
support. Such remedies may include driver's license suspension, wage
garnishment, and attaching unemployment compensation, worker's
compensation, and federal tax refunds, among others. Local law
should be consulted for specific requirements in your area.
The Child Support Enforcement (CSE) Program is a Federal/State/local
partnership to collect child support: we want to send the strongest
possible message that parents cannot walk away from their children.
Our goals are to ensure that children have the financial support of
both their parents, to foster responsible behavior towards children,
and to reduce welfare costs.
The CSE Program was established in 1975 as Title IV-D of the Social
Security Act. It functions in all States and territories, through
the State/county Social Services Department, Attorney General's
Office or Department of Revenue. Most States work with prosecuting
attorneys, other law enforcement agencies, and officials of family
or domestic relations courts to carry out the program at the local
level.
State Child Support Programs locate noncustodial parents, establish
paternity, establish and enforce support orders, and collect child
support payments. While programs vary from state to state, their
services are available to all parents who need them.
If the Child Support Enforcement Program cannot locate the
noncustodial parent with the information provided by the custodial
parent, it must try to locate the noncustodial parent through the
state parent locator service. The state uses various information
sources such as telephone directories, motor
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vehicle
registries, tax files, and employment and unemployment records. The
state also can ask to locate the noncustodial parent. Data from the
Social Security Administration, the IRS, the Selective Service
System, the Department of Defense, the Veterans Administration, the
National Personnel Records Center, and State Employment Security
Agencies can then be collected. |
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