Information AboutChild Support |
| CATEGORIES ABOUT CHILD SUPPORT | |
| divorce | |
| family law | |
| child support | |
| childhood | |
| parenting | |
| marriagedivorce | |
| family law | |
| child support | |
| childhood | |
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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 broken down. In Family Law , child support is often arranged as part of a Divorce , Marital Separation , Dissolution , Annulment or dissolution of a Civil Union and may supplement Alimony (spousal support) arrangements. LEGAL THEORY 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. 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 {Link without Title} , 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. DIFFERENT JURISDICTIONS In some jurisdictions the privilege of visitation (or Contact ) 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. However, some jurisdictions view this 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 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. 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, each individual state is responsible for developing its own "guidelines" for determining child support. Federal IV-D Regulations require uniform application of the child support guidelines throughout a state, but each state can determine its own method of calculating support. Most states have therefore adopted its own "Child Support Guidelines Worksheet" which local courts and state Child Support Enforcement Offices use for determining the "standard calculation" of child support in that state. The court may choose to deviate from this standard calculation in any particular case. 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. In the UK the Child Support Agency calculates the requisite contribution. "DEAD-BEAT" PARENTS See Also: Deadbeat dad | ||
| In The United States, Many States Suspend An Individual's Licenses (ie Driver's License, Business License, Contractor License) If That Individual Has Significant Arrearage In Support Payments Or Does Not Consistently Pay Support This Authority Does Not Extend To Professionals Who Receive Licensure Through Non-governmental Agencies In 2000, The State Of , | "http://wwwinformationdelightinfo/encyclopedia/entry/1998" class="copylinks">1998 , the Supreme Court of Alaska upheld a law allowing state agencies to revoke driver's licenses of parents seriously delinquent in child support obligations And in the case of '''United States of America v Sage''', US Court of Appeals (2nd Cir, 1996), the court upheld the constitutionality of a law allowing federal fines and up to two years imprisonment for a person willfully failing to pay more than $5,000 in child support over a year or more when said child resides in a different state from that of the non-custodial parent Child Support Recovery Act of 1992 |
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| Despite The Claims Of Some That PRWORA And Its Welfare Connection Are Generating Government Income Through Child Support Collections, The US Department Of Health And Human Services | "http://wwwacfhhsgov/programs/cse/pubs/2004/reports/preliminary_data/" class="copylinks" target="_blank">reports that in fiscal year 2003, 90% of child support collections went directly to families In fact, the percent of payments going to families was 86% or more in 47 states and in seven states exceeded 95% Only the remaining 5-14% reimburses taxpayers for the cost of welfare expenses Nevertheless, half of current ''unpaid'' child support debt is owed to the government and not to families Sherri Z Heller, EdD, Commissioner of US Office of Child Support Enforcement stated, "We need to be more aggressive about leveraging older debt owed to the government as an incentive to obtain more reliable payments of current support to families" Towards this end, the United States federal government, through the Social Security Administration, provides up to $41 billion in financial incentives to states that create support and arrearage orders, and then collect (cf 6B, 6C, & 6D) |
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