Preparing for a case involving child support issues requires an understanding of the laws in your state governing financial obligations to minors. Although many family law provisions differ from state-to-state, the basic provisions associated with establishing, enforcing, or altering a child support obligation largely are the same no matter where you reside in the United States, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.
Function
The function of child support laws, and the restrictions associated with paying or altering an existing order, function to ensure the financial needs of a child remain fully satisfied despite the relationship between the minor's parents, according to "Nolo's Essential Guide to Divorce" by Emily Doskow.
Guidelines
All states maintain laws establishing guidelines used by courts to determine a child support obligation in a particular case, according to the American Bar Association Section of Family Law. Guidelines exist to ensure a more objective standard in determining the child support needs for similarly situated minors. In addition to guidelines, state laws mandate the use of worksheets to determine the exact support obligation in a particular case.
Changing Support Order
Family law statutes across the United States restrict the manner in which child support orders change, according to Sember. Generally speaking, a child support order is subject to amendment only if the underlying wages of the parents change to such a degree to cause a significant alteration. A significant alteration warranting a change in a child support obligation is one that would raise or lower the amount paid by 10 or 15 percent. This percentage varies from one state to another.
Enforcement of Support Order
Child support laws establish specific procedures to enforce an existing order. Enforcement occurs on a number of fronts. For example, state and private sector agencies exist that aid in the enforcement of child support orders. Additionally, the custodial parent possesses the right to file a motion to enforce a child support order when the non-custodial father ends up in arrears.
Warning
Child support laws and related restrictions, represent complex legal matters. Facing a child support issue, seriously considering hiring a lawyer. The American Bar Association provides parents dealing with child support issues with resources to assist in finding lawyers. Included with these resources is contact information for local and state bar associations. Local and state organizations maintain directories of family law attorneys, available to represent people in child support cases.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
