The laws of all states in the country contain specific requirements and procedures to establish child support. In addition, there are state and federal laws designed to enforce existing child support orders. Finally, every state maintains a process through which a child support order can be altered or modified based on a change in the circumstances of the parents or the child.
Establish Child Support
All U.S. states adopted child support guidelines used to calculate the obligation of a non-custodial parent in a particular divorce, legal separation, paternity or child in need of care case, according to the American Bar Association Section of Family Law. The process of establishing child support includes determining the combined gross income of both parents and deducting certain necessary expenditures from that amount as permitted by law to arrive at the base obligation. The laws of all states permit additions to the base child support obligation to cover expenses related to the child's health care, education as well as child care.
Changing Child Support
Statutes across the country provide procedures through which a child support obligation can be changed. Most of these laws require that when seeking such a change a minimum percentage difference between the proposed and prior obligation exist. For example, a typical state law requires that when computing the proposed future child support, a change of at least 15 percent up or down from the existing obligation occur. Child support is changed through agreement of the parents or through a motion filed with the court seeking a new child support order.
State Enforcement Laws
All states maintain a set of laws designed to enforce child support orders, according to the American Bar Association Section of Family Law. These laws permit a court to take a variety of steps to enforce child support, including issuing a contempt order, fining the parent and even sending the party failing to pay child support to jail. Typically when a parent is sent to jail for non-payment of child support, that individual is placed in a work release program so that a share of his wages can be used to satisfy his past due obligation.
Federal Enforcement Laws
Federal law in the United States contains child support enforcement provisions in Title 18 of the U.S. Code. These enforcement statutes permit the U.S. Justice Department, through the office of the U.S. Attorney, to prosecute a parent who fails to honor her child support obligation. Upon conviction, the parent faces the prospect of six months to two years incarceration, depending on the amount of unpaid child support at issue, according to Cornell Law School.
Legal Representation
Child support cases can prove to be very complex legal and procedural matters. Therefore, facing such a proceeding, seriously consider engaging the services of an experienced attorney. State and local bar associations provide consumers access to directories of attorneys in different practice areas, including lawyers versed in child support matters. Contact information for these organizations is available through the American Bar Association.
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
References
- American Bar Association: Section of Family Law
- "Child Support 101"; V.T. Richey; 2007
- Cornell Law School: Failure to Pay Child Support Obligations
