The Census Bureau reports that more than 26 percent of children in the U.S. live with one custodial parent. In 2007, nearly a quarter of parents due child support did not receive any payments, and less than half of all parents due support received the full amount owed. State governments primarily handle child support issues, with local government agencies offering services like paternity testing. The federal government makes laws, provides funding and runs a Federal Parent Locator Service.
What Is Child Support?
In child support cases, the legal terms for the parties involved are the obligor, the person paying the child support, and the obligee, the person receiving the payment. In most cases, the obligor is a non-custodial parent or has limited custody, and the obligee is the person with primary custody of the child. A child support order is often the result of a separation or divorce involving minor children. This money, usually paid monthly, covers the child’s health care, educational expenses and other costs.
Applying for Child Support
Parents who receive Temporary Assistance for Needy Families or Medicaid are automatically enrolled for child support in most states. Those not receiving assistance must apply through their local division. The application requires identifying information for the non-custodial parent and the child as well as a paternity affidavit and support order. The application process requires a fee, which varies by state
Establishing Paternity
Child support may be court-ordered even when the parents are unwed. Most states require paternity establishment, meaning the parents must prove that the male in the case is the child’s biological father. If both parents are of legal age and submit a document called a Voluntary Paternity Acknowledgement form, no further action is needed to determine the father’s identity.
In some cases, including those involving minor parents, genetic testing may be required. Local child support agencies offer this service in most states. If the father needs to be located, a state locating program may reveal his whereabouts if he is receiving government money, such as unemployment. If the state program fails to locate the father, the Federal Parent Locator Service is the next step.
Calculating Payments
To calculate child support payment amounts, the courts take into consideration the financial situations of both parents. This includes income but excludes public assistance. In most states, the income of the obligor’s and obligee’s new spouse is not considered when calculating child support. The parties’ incomes are totaled, and responsibility for the percentage of the child’s care costs is determined by the percentage of this total that each parent makes. Adjustments are often made for factors that include parenting expenses by a parent with partial custody, debts, tax exemptions, and the child’s needs and living standards.
Making And Receiving Payments
The state’s child support division reviews the case facts to determine the best payment plan. In most states, the payments are made to a collections division, then forwarded to the obligee. If the obligor does not make payments in full and on time, enforcement methods may be used. In some cases, the obligor’s employer receives an Income Withholding Order. In particularly resistant cases, the obligor is held in contempt of court and faces incarceration.
