Child support

Family law
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In many countries, child support or child maintenance is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has been terminated. In family law, child support is often arranged as part of a divorce, marital separation, dissolution, annulment, determination of parentage or dissolution of a civil union and may supplement alimony (spousal support) arrangements.

Legal theory

Child support is based on the policy that parents are obligated to pay for the support of their children, even when the children are not living with both biological parents. Though courts typically permit visitation rights to non-custodial parents, in such separations one parent is given custody and the role of primary caregiver. In such cases, the other parent still remains obligated to pay a proportion of the costs involved in raising the child. These costs are often still considered an obligation, even when the other parent has been legally limited or prevented from participating in or making decisions involving the upbringing of the child or children. It is also important to note the custodial parent still must pay a percentage of the costs incurred raising a child, even if a non-custodial parent has been ordered to make child support payments. In Massachusetts, for example [1], it is the responsibility of the custodial parent alone to pay the first $100 in all uninsured medical costs for each child, per year. Only then will the courts consider authorizing child-support money from a non-custodial parent to be used for said costs.

In most jurisdictions there is no need for the parents to be married, and only paternity and/or maternity (filiation) need to be demonstrated for a child support obligation to be found by a competent court. Child support may also operate through the principle of estoppel where a de facto parent that is in loco parentis for a sufficient time to establish a permanent parental relationship with the child or children.

Different jurisdictions

In very few jurisdictions the privilege of visitation (or access) is tied to child support. If the custodial parent refuses to allow the non-custodial parent visitation with the child, the non-custodial parent can petition the court to temporarily stop support payments. In most jurisdictions the two rights and obligations are completely separate and individually enforceable as some jurisdictions view the withholding of support as punishing the child, not the parent, and in such cases the court may order additional visitation to the non-custodial parent. Visitation is a limited form of custody.

Child support laws vary around the world. Some jurisdictions sort the arrangements out directly between the parents. Others involve the state collecting child support payments as though it were a tax. In the United States some non-custodial parents claim there is no accountablity on the part of the custodial parent regarding how child support payments are spent and accuse the custodial parent of spending support money on non-child expenses. Depending on the jurisdiction, a custodial parent might legally be required to account for how child support money is spent. In the United States, 10 states (Colorado, Delaware, Florida, Indiana, Louisiana, Missouri, Nebraska, Oklahoma, Oregon, and Washington) allow courts to demand an accounting from custodial parent on how child support dollars are spent. Additionally, Alabama courts have authorized such accounting under certain specific circumstances. Despite this, some non-custodial parents in such situations still view their only recourse lies in petitioning the court for a change of custody.

Courts have held that it is acceptable for child support payments to be used to indirectly benefit the custodial parent. For example, child support monies may be used to heat the child's residence, even if this means that other people also benefit from living in a heated home.

Determining Child Support

There are two approaches to calculating child support. One, based on the costs of supporting a child, the other related to the capacity of parents to contribute to the support. In the United States, the federal government requires all states to have guideline calculations that can be verified and certified. These are usually computer programs based upon certain financial information including, earnings, visitation, taxes, insurance costs and several other factors.

United States

Child support in the United States at the Federal level is the responsibility of the Administration for Children and Families in the Department of Health and Human Services, there is an over-arching framework of federal legislation (title IV-D of the Social Security Act) and regulation within which the states must operate if they wish to receive federal funding. States may also receive additional financial "incentive" payments for establishing paternity, or establishing or modifying child support orders. Although the federal child support program in the United States traces its origins to a congressional concern for recouping from absent parents some of the cash assistance paid to custodial parents, total U.S. child support collections in 2005 totaled $23 billion, most of which was paid to families not on public assistance.

Each state is responsible for developing a child support program child support that complies with federal requirements, including a guidelines method of calculating child support. Most states have their own "Child Support Guidelines Worksheet" used by local courts and state Child Support Enforcement Offices to determine a "standard calculation" of child support. Courts may deviate from this standard calculation in particular cases.

The Uniform Interstate Family Support Act addresses the interaction of varying State legislation and regulations to ensure that only one state has the power to impose or modify child support at any one time, providing:

• Reciprocal recognition of orders between states
• Enforcement of child support across state lines
• Conflict of laws and orders awarded by different states.

Particular issues of conflict are further discussed in the Child support in the United States article regarding conflict of laws for the states of California, Connecticut, the District of Columbia and Maryland.

Australia

In Australia the Child Support Agency Australia calculates child support based on the income of each parent, a base amount is excluded, and the amount of time the child(ren) spends with each parent. Parents can seek a review where income, assets or other factors lead to the formula not giving a result reflecting the particulars of a case.

United Kingdom

In the UK the Child Support Agency calculates the requisite contribution.

"Dead-beat" parents

Non-custodial parents who avoid their child support obligations are often termed dead-beat parents. The typical non-custodial parent is the father, thus the common reference to "deadbeat dads". The US Department of Health and Human Services estimates that 68% of child support cases had arrears owed in 2003 (a figure up from 53% in 1999). Many of these arrearage cases are due to administrative practices such as imputing income to parents where it does not exist and issuing default orders of support. Some non-custodial parents claim their payments are too high. According to one study 38% of Illinois non-custodial parents not paying child-support said they lacked the money to pay. Twenty-three percent used non-payment to protest a lack of visitation rights. Fourteen percent complained of no accountability over the spending of their child support money, while 13% said they didn't want their child(ren) and 12% denied parentage. Additionally, some non-custodial parents who have been subject to acrimonious divorces often see these payments as unfair and excessive.

File:Typical Support Order 0001.jpg

U.S. court order issued by family division of county court garnishing typically the father's income

A note about the term “Dead-beat parent” this a descriptive term used more by Child Support advocacy groups than by Child Support Agencies. Child Support Agencies described clients either as in compliance, not in compliance or criminally non compliant. Compliance is judged by the paying party's performance in meeting the terms of the Child Support court order.

Child support and welfare

A major impetus to collection of child support in many places is recovery of welfare expenditure. A resident or custodial parent receiving public assistance, like in the US Temporary Assistance for Needy Families (TANF), is required to assign his or her right to child support to the Department of Welfare before cash assistance is received. Another common requirement is that the custodial parent must pursue child support from the non-custodial parent.

Court services

Some opponents of child support claim that requiring non-custodial parents to pay child-support creates jobs to sustain the divorce industry. They point out that in the US family court judges earn $90,000 to $160,000 per year (cf. p. 1 table) and each judge requires a staff. One association claims the industry consists of "60,000 professionals includes line/managerial/executive child support staff; state and local agencies; judges; court masters; hearing officers; government and private attorneys; social workers; advocates; corporations that "partner" with government to provide child support services and private collection agencies." An industry of 60,000 professionals would comprise less than one-twentieth of a percent of the United State's 147.3 million-person workforce.

In the United States, state courts typically maintain a child support division - essentially an accounting department recording amounts owed and paid. Some maintain that because the county clerks responsible for record keeping are not certified accountants, inaccuracies concerning child support payments are common. Some people also claim that outside auditors do not monitor the accuracy of child support reports. In many counties, like Illinois’ Cook and Kane counties, the division audits themselves. However other jurisidictions adopt different methods - for example, in 2003 independent auditors reviewed and audited the Child Support Enforcement Agency of Hawaii. The state of Texas has also conducted such an independent audit. The Clark County, Nevada district attorney's office has also been independently audited (in 2003) regarding child support payment collections. And also in 2003, the state of Maryland recommended outside audits on its five metro child support enforcement operations.

See also

• Alimony
• Brian Stewart
• Contact centre
• Child abduction
• Child custody
• Child Support Agency (UK)
• Child Support Agency Australia
• Divorce
• Family law
• Fathers' rights
• Joint custody
• List of men's rights organizations
• Men's rights
• Parenting plan
• Parental Alienation Syndrome
• Paternity
• Shared residency in English law
• Shared parenting

References

ISBN links support NWE through referral fees

• Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) 42 U.S.Code §602a(1)& (2)
• Child Support Agency Australia, 2006 Child Support Schemes: Australia and Comparisons 2006 2001 version is available as a PDF

External links

UK

• History of Child Support in the USA Child Support Analysis from the UK
• Marriage and Fathers by Bob Geldof

USA

Government sites

• Up to $4.1 billion available to States that create support and arrearage orders, and then collect (cf. 6B, 6C, & 6D). Social Security Administration's Incentive
• While 40% of children whose fathers live outside the home have no contact with their fathers, the other 60% had contact an average of 69 days in 1997. U.S. Department of Health and Human Services
• CSE Government Program Reports
• Congressional Research Service (CRS) Reports regarding child support
• Office of Child Support Enforcement by state
• "Today, a child support violator can be prosecuted under Federal law" - child support enforcement

Census

• 84% of child support providers are men, $24 billion of child support reported as paid in 2002 U.S. Census Bureau
• Custodial parents reported aggregate of $37 billion of child support due in 2003, $25 billion received U.S. Census Bureau
• U.S. Child Support Statistics - U.S. Census Bureau

Guidelines and legislation

• Child Support Guidelines
• Deadbeat Parents Punishment Act
• Child Support Laws State by State

Other sites

• Fathers & Families A Massachusetts-based advocate for shared parenting.
• More than 70% of child support collections come through the wage withholding process. As such, employers are an important element of any child support initiative. American Payroll Association
• Hawai'i at bottom in child-support ranking
• Accurately Evaluating State Child Support Program Performance
• National Child Support Enforcement Association
• National Conference of State Legislators - Driver License Suspensions for Child Support
• Shared Parenting Ballot Initiative - California

Australia

• Child Support Agency Australia - includes calculators and guides for newly separated parents
• In the Best Interests of Children - Reforming the Child Support Scheme (Ministerial Taskforce), released on 14 June 2005

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