Child support payment laws contain largely the same provisions in all states. The process of raising or resolving a child support related issue in the U.S. court system normally commences with the filing of a motion, according to "Child Support" by Mary L. Boland. Court clerks across the country usually maintain a complete selection of motion forms for use in child support proceedings.
Establish Child Support
Striving to achieve uniformity and fairness in the child support system, legislatures in all states established child support guidelines, according to FindLaw. These guidelines are supplemented by worksheets designed to calculate a specific child support obligation. Although some variations exist with regard to both guidelines and worksheets, the overall system for calculating a child support obligation largely is the same, as explained by AllLaw.com through its child support calculators.
A court establishes an initial child support obligation upon a motion of one of the parents. A child support worksheet is attached to the motion as an exhibit, to support the establishment of the financial obligation on the part of the noncustodial parent.
Enforce Child Support
Another segment of child support payment laws involves enforcing an existing order of the court, according to FindLaw. The enforcement process is undertaken on a number of fronts. For example, the custodial parent who receives the support payments on behalf of a minor child can file a motion to enforce with the court. Additionally, through the court itself, a state agency or a private sector organization, child support enforcement proceedings and processes can be initiated.
Enforcement alternatives found in child support laws across the country include an order for additional payments to eliminate the past due amount, suspension of a driver's license and even incarceration. Typically incarceration involves placement in a work release program so that the parent does not fall even further behind with regard to a child support obligation.
Amend Child Support Obligation
Child support payment laws permit an increase or decrease in an obligation in certain circumstances, according to FindLaw. States set specific parameters, both with regard to dollar amounts and length of time since the last order issued, in permitting a change in a child support obligation.
State laws establish specific time periods that must lapse between a child support order and a motion seeking to amend that mandate. A typically time frame is six months or one year.
Additionally, under most state laws, a court will not consider an application to adjust a child support obligation unless the proposed change impacts the existing amount paid substantially. A common requirement is that when using the child support worksheet, the proposed child support obligation will be somewhere between 10 to 15 percent greater or less than what is in place at the present time.
References
- FindLaw: Getting Child Support
- "Child Support"; Mary L. Boland; 2004
- FindLaw: Unpaid Child Support and Enforcement
- FindLaw: Changes to Child Support
