Difference between revisions of "Child support" - New World Encyclopedia

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{{FamilyLaw}}
 
{{FamilyLaw}}
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]], [[legally separated|marital separation]], [[dissolution of marriage|dissolution]], [[annulment]], determination of parentage or dissolution of a [[civil union]] and may supplement [[alimony]] (spousal support) arrangements.
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'''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 [[child]]ren of a relationship or [[marriage]] that has been terminated. In [[family law]], child support is often arranged as part of a [[divorce]], [[legally separated|marital separation]], [[dissolution of marriage|dissolution]], [[annulment]], determination of parentage or dissolution of a [[civil union]] and may supplement [[alimony]] (spousal support) arrangements.  
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While child support laws vary, the basic principle is that children are the responsibility of their parents, even when the [[family]] is no longer an intact unit. Both parents are still responsible to raise their offspring, even if they do not live together. Child support is thus a legal attempt to ensure that children receive the support they require to grow to adulthood. While economic support is essential, and provides many of the material necessities of life, children also require the loving care of parents to nurture their [[emotion]]al and [[psychological development]]. Unfortunately, such support cannot be imposed by law, and many children receive the mandated child support but lack the [[love]] and security that they need to grow up to be healthy adults.
  
 
== Legal theory ==
 
== 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 [[child custody|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 [http://www.cse.state.ma.us/parents/cseguide.htm], 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.
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Child support is based on the policy that [[parent]]s are obligated to pay for the support of their [[child]]ren, even when the children are not living with both biological parents. In cases where the marriage is terminated, one parent is often awarded [[child custody|custody]] and the role of primary caregiver, though [[court]]s typically permit visitation rights to non-custodial parents. In such cases, the non-custodial parent still remains obligated to pay a proportion of the costs involved in raising the child. Child support may also be ordered to be paid by one parent to another when both parents are custodial parents and they share the child raising responsibilities. In rare cases, a parent with sole custody of his or her children may be ordered to pay child support to the noncustodial parent to support the children while they are in the care of that parent.  
  
In most jurisdictions there is no need for the parents to be married, and only [[paternity]] and/or [[Mother|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.
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These costs are still legally obligatory, even when the paying parent has been legally limited or prevented by the other parent from participating in or making decisions involving the upbringing of the child or children. It is also important to note that the custodial parent is expected to pay a percentage of the costs incurred raising a child, even if the non-custodial parent has been ordered to make child support payments. In [[Massachusetts]], for example, it is the responsibility of the custodial parent alone to pay the first $100 per year in all uninsured medical costs for each child.<ref>[http://www.cse.state.ma.us/parents/cseguide.htm Child Support Enforcement] Retrieved February 20, 2008.</ref> Only then will the courts consider authorizing child support money from a non-custodial parent to be used for said costs.
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In most [[jurisdiction]]s there is no need for the parents to be married, and only [[paternity]] and/or [[Mother|maternity]] (filiation) need be demonstrated for a child support obligation to be found by a competent court. Child support may also operate through the principle of [[estoppel]]. In many states the principle of estoppel can be used to require a person to pay child support even if the assumption of a parental relationship was the result of a [[fraud]]ulent misrepresentation of paternity by the mother.
  
 
== Different jurisdictions ==  
 
== 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.
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Child support [[law]]s 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]].  
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Child support in [[Japan]] has been lower than that in [[Europe]] or [[United States|America]], with the amount arrived at via direct negotiation between the custodial and non-custodial parent.<ref>[http://www.crnjapan.com/childbirthsupport/en/ Child Birth and Child Support in Japan], Japan Children's Rights Network. Retrieved February 20, 2008.</ref> Under Enforcement also varies across countries. [[Egypt]]ian law, men who do not pay child support within thirty days of a court decision are subject to [[arrest]].<ref>[http://hrw.org/reports/2004/egypt1204/7.htm Egypt: Divorced from Justice], Human Rights Watch. Retrieved February 20, 2008.</ref>
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In the United States some non-custodial parents claim there is no accountability 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 related 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, ten 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 to lie in petitioning the court for a change of custody.
  
Child support [[law]]s 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.  
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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. This is because the withholding of support is seen as punishing the child, not the parent, and in such cases the court may order additional visitation to the non-custodial parent.  
  
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.
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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===
 
===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.
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[[Image:Typical_Support_Order_0001.jpg|right|thumb|250px|U.S. court order issued by family division of county court garnishing typically the father's income.]]
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There are two approaches to calculating legal child support award amounts. 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, [[tax]]es, insurance costs, and several other factors.
  
==United States==
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In most states existing child support orders are reviewed once every three years to see if modifications or adjustments in payment amounts are necessary. Child support modifications can also be requested at any time by either the custodial or the non-custodial parent. If a non-custodial parent loses his or her job or experiences financial hardship, he or she can request to have the amount of the child support payments reduced. Conversely, if the non-custodial parent's salary or income increases, or if the child's personal expenses increase, the custodial parent can request modifications to increase the child support payments. Modifications are performed and executed depending on the lifestyle of either parent.
{{Main|Child support in the United States}}
 
  
'''Child support in the United States''' at the [[United States Government|Federal]] level is the responsibility of the [[Administration for Children and Families]] in the [[United States Department of Health and Human Services|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.
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===Obtaining Child Support===
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Child support is paid by the noncustodial parent to ensure that their children have what they need to live a comfortable life. Child support laws and enforcement differ from state to state, but in all regions and jurisdictions, non-custodial parents must pay according to the court's child support order or face legal consequences.  
  
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.  
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Some parents also have informal or voluntary agreements or arrangements that do not involve the courts, where financial child support or other non-cash support is provided by non-custodial parents to assist in supporting their child(ren).
  
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:
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In [[divorce]] cases, child support payments may be determined as part of the divorce settlement, along with other issues, such as [[alimony]], custody, and visitation. In other cases, there are several steps that must be undertaken to receive court-ordered child support. Some custodial parents may hire lawyers to oversee their child support cases for them; others may file their own applications in their local courthouses.  
*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.
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The custodial parent, or his or her [[attorney]], must file an application to have the child support case heard by the court. The applications vary from state to state, but generally collect identifying information about both the custodial and non-custodial parents and include a court fee.  
  
==Australia==
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If a non-custodial parent denies fathering the child, or if he is not listed on the child's birth certificate, the court will order a [[paternity test]] to establish paternity before proceeding with the child support hearing. Once the identity of the father is confirmed through [[DNA]] testing, the child's birth certificate may be amended to include the father's name. The father may also acknowledge paternity by signing a statutory declaration of acknowledgment form.  
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==
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After the responsibility for child support is established and questions of paternity have been answered to the court's satisfaction, the court will order the non-custodial parent to make timely child support payments.  
In the UK the [[Child Support Agency]] calculates the requisite contribution.
 
  
== "Dead-beat" parents ==
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In addition to monetary payments, non-custodial parents may be ordered to add their children to their [[health insurance]] plans. In some states both parents are responsible for providing medical insurance for the child/children. If a non-custodial parent is ordered to pay health benefits for the child/children, it will automatically be garnished from their wages.  
{{Main|Deadbeat dad}}
 
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 dad]]s". 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 [http://www.acf.dhhs.gov/programs/cse/new/csr9701.htm#9701c| 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.  
 
  
<div class="floatright">
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The age at which child support payments end differs by court order and by state. In some jurisdictions, payments may cease when the child turns 18 or graduates from [[high school]], whichever happens last. In other states, or under other court orders, non-custodial parents may be responsible for payments until the age of 19 or 21. Many American [[university|universities]] also consider non-custodial parents to be partially responsible for paying college costs, and will consider their income in their financial aid determinations. In certain states, non-custodial parents may be ordered by the court to assist with these expenses.<ref>[http://www.finaid.org/questions/divorce.phtml Divorce and Financial Aid] Retrieved February 20, 2008.</ref> If the non-custodial parent owes back child support, he or she must continue to make payments until the [[debt]] is satisfied, regardless of the age of the child. If a child seeks legal [[emancipation]] support may be terminated.
[[Image:Typical_Support_Order_0001.jpg|none|thumb|270px|U.S. court order issued by family division of county court garnishing typically the father's income]]</div>
 
  
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.
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== Payment Compliance==
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Child support agencies typically describe clients as being ''in compliance'', ''not in compliance'' or ''criminally non compliant''. Compliance is judged by the paying party's performance in meeting the terms of the legal child support court order. Non-custodial parents who avoid their child support obligations are often termed ''dead-beat'' parents. While "dead-beat" is a descriptive term used often in the media and by child support advocacy groups, it is not the legal term used to describe non-paying parents.  
  
==Child support and welfare==
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The US Department of Health and Human Services estimates that 68 percent of child support cases had arrears owed in 2003 (a figure up from 53 percent in 1999).<ref>[http://www.acf.hhs.gov/programs/cse/pubs/2004/reports/preliminary_data/ Child Support Enforcement FY 2003 Preliminary Data Report], Administration for Children and Families. Retrieved February 20, 2008.</ref> 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. According to one study, 38 percent of Illinois non-custodial parents not paying child-support said they lacked the money to pay.<ref>[http://www.acf.dhhs.gov/programs/cse/new/csr9701.htm#9701c Child Support Report], Administration for Children and Families. Retrieved February 20, 2008.</ref>
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 [http://www.acf.dhhs.gov/programs/ofa 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 ==
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If the non-custodial parent refuses to remit the court-ordered child support payments, the court may take one or several different actions. Non-payment of child support can result in wage or tax refund garnishment, suspension of drivers', professional and recreational licenses, inability to apply for or renew a U.S. passport, and, sometimes, federal prosecution.
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 [http://www.ncsconline.org/WC/Publications/KIS_JudComJudSal040104.pdf 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 [http://www.ncsea.org/ "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 court]]s typically maintain a child support division - essentially an accounting department recording amounts owed and paid. Some maintain that because the [[county clerk]]s 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 [http://www.ncsl.org/programs/cyf/PerformIB.htm audit]. The Clark County, Nevada district attorney's office has also been [http://www.lasvegassun.com/sunbin/stories/text/2003/dec/12/516011655.html independently audited] (in 2003) regarding child support payment collections. And also in 2003, the state of Maryland [http://www.ola.state.md.us/reportfiles/fiscal/HumanResources/csea02.pdf  recommended] outside audits on its five metro child support enforcement operations.  
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==Child support and welfare==
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A major impetus to collection of child support in many places is recovery of welfare expenditure. A resident or custodial parent receiving public assistance, as in the US [http://www.acf.dhhs.gov/programs/ofa 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 of welfare benefits in some jurisdictions is that the custodial parent must pursue child support from the non-custodial parent.  
  
==See also==
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==Notes==
*[[Alimony]]
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<references/>
*[[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==
 
==References==
*Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) 42 U.S.Code §602a(1)& (2)
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*Child Support Agency Australia, 2006 ''Child Support Schemes: Australia and Comparisons 2006'' [http://www.csa.gov.au/publications/schemes98-99.php 2001 version is available as a PDF]
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*[http://www.csa.gov.au/publications/pdf/1248.pdf Child Support Agency Australia] 2006. ''Child Support Schemes: Australia and Comparisons 2006''. Retrieved February 20, 2008.
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*Crowley, Jocelyn. 2003. ''The Politics of Child Support in America''. Cambridge University Press. ISBN 0521535115
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*Oldham, J. Thomas. 2007. ''Child Support: The Next Frontier''. University of Michigan Press. ISBN 0472110578
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*''Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)''. 42 U.S.Code §602a (1) and (2).
 +
*WIkely, Nick. 2006. ''Child Support: Law And Policy''. Hart Publishing. ISBN 1841135321
  
 
==External links==
 
==External links==
===UK===
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All links retrieved May 15, 2013.
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*[http://www.census.gov/prod/2006pubs/p60-230.pdf Custodial Mothers and Fathers and Their Child Support: 2003] U.S. Census Bureau
 
*[http://www.childsupportanalysis.co.uk/information_and_explanation/world/history_usa.htm History of Child Support in the USA] Child Support Analysis from the UK
 
*[http://www.childsupportanalysis.co.uk/information_and_explanation/world/history_usa.htm History of Child Support in the USA] Child Support Analysis from the UK
*[http://www.parents4protest.co.uk/_private/family.htm Marriage and Fathers] by [[Bob Geldof]]
 
 
===USA===
 
'''Government sites'''
 
*[http://www.ssa.gov/OP_Home/ssact/title04/0458.htm 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
 
*[http://fatherhood.hhs.gov/charting02/executive.htm 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
 
*[http://www.acf.hhs.gov/programs/cse/pubs/2004/reports/preliminary_data/ CSE Government Program Reports]
 
*[http://digital.library.unt.edu/govdocs/crs/search.tkl?type=subject&q=Child%20support%20enforcement&q2=LIV  Congressional Research Service (CRS) Reports regarding child support]
 
*[http://www.acf.dhhs.gov/programs/cse/ Office of Child Support Enforcement] by state
 
*[http://www.usdoj.gov/criminal/ceos/child_support.htm "Today, a child support violator can be prosecuted under Federal law"] - child support enforcement
 
 
'''''Census'''''
 
*[http://www.census.gov/Press-Release/www/releases/archives/income_wealth/004012.html 84% of child support providers are men, $24 billion of child support reported as paid in 2002] U.S. Census Bureau
 
*[http://www.census.gov/prod/2006pubs/p60-230.pdf Custodial parents reported aggregate of $37 billion of child support due in 2003, $25 billion received] U.S. Census Bureau
 
*[http://www.census.gov/hhes/www/childsupport/childsupport.html U.S. Child Support Statistics] - [[U.S. Census Bureau]]
 
 
'''''Guidelines and legislation'''''
 
*[http://childsupportguidelines.com/articles/art200004.html  Child Support Guidelines]
 
*[http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000228----000-.html Deadbeat Parents Punishment Act]
 
*[http://www.child-support-laws-state-by-state.com/ Child Support Laws State by State]
 
  
'''Other sites'''
 
*[http://fathersandfamilies.org Fathers & Families] A Massachusetts-based advocate for shared parenting.
 
*[http://www.americanpayroll.org/wp102.html 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
 
*[http://the.honoluluadvertiser.com/article/2005/Apr/10/ln/ln03p.html  Hawai'i at bottom in child-support ranking] 
 
*[http://www.ncsl.org/programs/cyf/PerformIB.htm  Accurately Evaluating State Child Support Program Performance]
 
*[http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uifsa96.pdf National Child Support Enforcement Association]
 
*[http://www.ncsl.org/programs/cyf/licensechart.htm National Conference of State Legislators] - Driver License Suspensions for Child Support
 
*[http://childsright.org/ Shared Parenting Ballot Initiative - California]
 
  
===Australia===
 
*[http://www.csa.gov.au Child Support Agency Australia] - includes calculators and guides for newly separated parents
 
*[http://www.facs.gov.au/internet/facsinternet.nsf/family/childsupportreport.htm#1 ''In the Best Interests of Children - Reforming the Child Support Scheme'' (Ministerial Taskforce), released on 14 June 2005]
 
  
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Revision as of 14:42, 15 May 2013


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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.

While child support laws vary, the basic principle is that children are the responsibility of their parents, even when the family is no longer an intact unit. Both parents are still responsible to raise their offspring, even if they do not live together. Child support is thus a legal attempt to ensure that children receive the support they require to grow to adulthood. While economic support is essential, and provides many of the material necessities of life, children also require the loving care of parents to nurture their emotional and psychological development. Unfortunately, such support cannot be imposed by law, and many children receive the mandated child support but lack the love and security that they need to grow up to be healthy adults.

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. In cases where the marriage is terminated, one parent is often awarded custody and the role of primary caregiver, though courts typically permit visitation rights to non-custodial parents. In such cases, the non-custodial parent still remains obligated to pay a proportion of the costs involved in raising the child. Child support may also be ordered to be paid by one parent to another when both parents are custodial parents and they share the child raising responsibilities. In rare cases, a parent with sole custody of his or her children may be ordered to pay child support to the noncustodial parent to support the children while they are in the care of that parent.

These costs are still legally obligatory, even when the paying parent has been legally limited or prevented by the other parent from participating in or making decisions involving the upbringing of the child or children. It is also important to note that the custodial parent is expected to pay a percentage of the costs incurred raising a child, even if the non-custodial parent has been ordered to make child support payments. In Massachusetts, for example, it is the responsibility of the custodial parent alone to pay the first $100 per year in all uninsured medical costs for each child.[1] 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 be demonstrated for a child support obligation to be found by a competent court. Child support may also operate through the principle of estoppel. In many states the principle of estoppel can be used to require a person to pay child support even if the assumption of a parental relationship was the result of a fraudulent misrepresentation of paternity by the mother.

Different jurisdictions

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.

Child support in Japan has been lower than that in Europe or America, with the amount arrived at via direct negotiation between the custodial and non-custodial parent.[2] Under Enforcement also varies across countries. Egyptian law, men who do not pay child support within thirty days of a court decision are subject to arrest.[3]

In the United States some non-custodial parents claim there is no accountability 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 related 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, ten 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 to lie in petitioning the court for a change of custody.

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. This is because the withholding of support is seen as punishing the child, not the parent, and in such cases the court may order additional visitation to the non-custodial parent.

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

File:Typical Support Order 0001.jpg
U.S. court order issued by family division of county court garnishing typically the father's income.

There are two approaches to calculating legal child support award amounts. 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.

In most states existing child support orders are reviewed once every three years to see if modifications or adjustments in payment amounts are necessary. Child support modifications can also be requested at any time by either the custodial or the non-custodial parent. If a non-custodial parent loses his or her job or experiences financial hardship, he or she can request to have the amount of the child support payments reduced. Conversely, if the non-custodial parent's salary or income increases, or if the child's personal expenses increase, the custodial parent can request modifications to increase the child support payments. Modifications are performed and executed depending on the lifestyle of either parent.

Obtaining Child Support

Child support is paid by the noncustodial parent to ensure that their children have what they need to live a comfortable life. Child support laws and enforcement differ from state to state, but in all regions and jurisdictions, non-custodial parents must pay according to the court's child support order or face legal consequences.

Some parents also have informal or voluntary agreements or arrangements that do not involve the courts, where financial child support or other non-cash support is provided by non-custodial parents to assist in supporting their child(ren).

In divorce cases, child support payments may be determined as part of the divorce settlement, along with other issues, such as alimony, custody, and visitation. In other cases, there are several steps that must be undertaken to receive court-ordered child support. Some custodial parents may hire lawyers to oversee their child support cases for them; others may file their own applications in their local courthouses.

The custodial parent, or his or her attorney, must file an application to have the child support case heard by the court. The applications vary from state to state, but generally collect identifying information about both the custodial and non-custodial parents and include a court fee.

If a non-custodial parent denies fathering the child, or if he is not listed on the child's birth certificate, the court will order a paternity test to establish paternity before proceeding with the child support hearing. Once the identity of the father is confirmed through DNA testing, the child's birth certificate may be amended to include the father's name. The father may also acknowledge paternity by signing a statutory declaration of acknowledgment form.

After the responsibility for child support is established and questions of paternity have been answered to the court's satisfaction, the court will order the non-custodial parent to make timely child support payments.

In addition to monetary payments, non-custodial parents may be ordered to add their children to their health insurance plans. In some states both parents are responsible for providing medical insurance for the child/children. If a non-custodial parent is ordered to pay health benefits for the child/children, it will automatically be garnished from their wages.

The age at which child support payments end differs by court order and by state. In some jurisdictions, payments may cease when the child turns 18 or graduates from high school, whichever happens last. In other states, or under other court orders, non-custodial parents may be responsible for payments until the age of 19 or 21. Many American universities also consider non-custodial parents to be partially responsible for paying college costs, and will consider their income in their financial aid determinations. In certain states, non-custodial parents may be ordered by the court to assist with these expenses.[4] If the non-custodial parent owes back child support, he or she must continue to make payments until the debt is satisfied, regardless of the age of the child. If a child seeks legal emancipation support may be terminated.

Payment Compliance

Child support agencies typically describe clients as being in compliance, not in compliance or criminally non compliant. Compliance is judged by the paying party's performance in meeting the terms of the legal child support court order. Non-custodial parents who avoid their child support obligations are often termed dead-beat parents. While "dead-beat" is a descriptive term used often in the media and by child support advocacy groups, it is not the legal term used to describe non-paying parents.

The US Department of Health and Human Services estimates that 68 percent of child support cases had arrears owed in 2003 (a figure up from 53 percent in 1999).[5] 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. According to one study, 38 percent of Illinois non-custodial parents not paying child-support said they lacked the money to pay.[6]

If the non-custodial parent refuses to remit the court-ordered child support payments, the court may take one or several different actions. Non-payment of child support can result in wage or tax refund garnishment, suspension of drivers', professional and recreational licenses, inability to apply for or renew a U.S. passport, and, sometimes, federal prosecution.

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, as 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 of welfare benefits in some jurisdictions is that the custodial parent must pursue child support from the non-custodial parent.

Notes

  1. Child Support Enforcement Retrieved February 20, 2008.
  2. Child Birth and Child Support in Japan, Japan Children's Rights Network. Retrieved February 20, 2008.
  3. Egypt: Divorced from Justice, Human Rights Watch. Retrieved February 20, 2008.
  4. Divorce and Financial Aid Retrieved February 20, 2008.
  5. Child Support Enforcement FY 2003 Preliminary Data Report, Administration for Children and Families. Retrieved February 20, 2008.
  6. Child Support Report, Administration for Children and Families. Retrieved February 20, 2008.

References
ISBN links support NWE through referral fees

  • Child Support Agency Australia 2006. Child Support Schemes: Australia and Comparisons 2006. Retrieved February 20, 2008.
  • Crowley, Jocelyn. 2003. The Politics of Child Support in America. Cambridge University Press. ISBN 0521535115
  • Oldham, J. Thomas. 2007. Child Support: The Next Frontier. University of Michigan Press. ISBN 0472110578
  • Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). 42 U.S.Code §602a (1) and (2).
  • WIkely, Nick. 2006. Child Support: Law And Policy. Hart Publishing. ISBN 1841135321

External links

All links retrieved May 15, 2013.


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