Child support statutes in place in all 50 states largely are the same, according to the American Bar Association Section of Family Law. Despite some minor differences, child support laws from one jurisdiction to another set forth the manner in which a child support obligation is established in the first place. These laws also delineate how child support orders are enforced and changed.
Child Support Guidelines
All states, through their legislatures and their highest appellate courts--usually the supreme court--establish child support guidelines, according to American Bar Association Section of Family Law. These guidelines establish the method and formula used to determine the child support obligation of a non-custodial parent in a divorce, legal custody, paternity or child in need of care case. The purpose of the guidelines is two-fold. First, the child support guidelines are used to ensure uniformity in regard to the financial support of children in a particular state. Second, the guidelines exist to lessen confrontation between parties in at least one aspect of a family law proceeding.
Child Support Order
A child support order is issued after the negotiation and agreement of the parties or following a hearing before the court. A child support order sets forth the amount of child support to be paid each month. In addition, a typical child support order also requires that the child support obligation be withheld from the non-custodial parent's wages or salary.
Enforcement of Child Support Order
The laws of the individual states provide different mechanisms to enforce child support. These include agencies in operation in all states responsible for enforcing child support obligations. Other resources used to enforce child support include court orders or contempt and even jail sentences. In some cases, a court will sentence the person behind on child support payments to court for a period of time. While incarcerated, the individual usually is enrolled in a work release program to ensure that child support payments are made despite the non-custodial parent being in jail.
Change Child Support Order
A child support order can be changed in certain select situations, according to "The Politics of Child Support in America" by Jocelyn Elise Crowley. The laws in many states require a specific period of time to pass before a parent can return to court to seek an adjustment of a child support obligation. In addition, the laws of most states require a proposed new child support amount to deviate from the existing obligation by a certain percentage, usually 10 percent or 15 percent. In other words, before a court approves a motion to change child support, the amount of the proposed obligation needs to be higher or lower than the existing child support by a statutory prescribed percentage.
Legal Representation
Child support laws are complicated, child support procedures are complex. Therefore, if you find yourself facing such a case, consider retaining an attorney. Local and state bar associations maintain directories of attorneys in different practice areas. Contact information for the local or state bar association in your jurisdiction 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
- "The Politics of Child Support in America"; Jocelyn Elise Crowley; 2003
- Cornell University Law School: Divorce Overview
