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Child-Support-Collection

Make sure you know the rules about child support

Child support is a parent's legal obligation to pay support for his or her children. Even though child support is ordered by the court, it often isn't paid for one reason or another. Child support obligations are enforced by civil and criminal punishment through state child support enforcement agencies.

Child Support

When a court decides the amount of child support a parent must pay, it looks at several factors including the number of children, ages, standard of living, the income of both parents and any other special needs of the child. The exact formula varies from state to state, but with help from a family law attorney, you can learn how your circumstances may affect your child support obligation.

There are also different kinds of child support:

Temporary Child Support: Ordered by a judge during a separation or a divorce proceeding.

Permanent Child Support: When the divorce is finalized, this is the child support order that is set by the judge. The decree lasts until the child becomes emancipated, but there other circumstance which may prematurely terminate or extend the length of support.

Family support: Combines alimony and child support into a single payment. Not every state has this form of support.

Modifying or Terminating Child Support

A court may modify child support if one of the parents can show there has been a legitimate substantial change in circumstances, such as unemployment or medical expenses. There are several scenarios in which a court will terminate child support, such as the child turning the age of majority, the paying parent gaining custody of the child, the marriage of the child or the death of the child.

In most states, the death of the paying parent will also terminate support, but some courts have ordered the purchase of life insurance or have permitted the deceased parent's estate to be sued for child support.

Enforcing Child Support

Every state has adopted the Uniform Interstate Family Support Act (UIFSA). Under this act, a child support order made in one state can be enforced by another state.

There are several methods that can be employed to receive child support from the paying parent's wages. Some states also permit child support to be deducted from the paying parent's pension or retirement plan.

The particular laws regarding child support vary from state to state, but a local attorney can help make sure you are receiving the support you're owed or support obligations are appropriately adjusted to your income and life circumstances.