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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 often awarded 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. 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 the custodial parent is expected to 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. 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. 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. (See Paternity Fraud ). 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 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 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, 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 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 noncash 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, including their names, social security numbers and dates of birth. Court fees vary from state to state, but can cost up to $25 USD. If the custodial parent is receiving any type of assistance from the state or federal government, the application fees may be waived. Before the case can proceed, the non-custodial parent must be physically located. If the non-custodial parent's social security number is known, he or she may be located through employment, banking or tax records. Other non-custodial parents are found through information provided by family or friends. Private investigators and "people finder" databases can also be used to locate non-custodial parents. Once the non-custodial parent is located, he or she will be visited by a local sheriff, police officer or process server and served with a court summons. The summons informs the non-custodial parent that she or he is being sued for child support. Once served, the non-custodial parent must attend a mandatory court hearing to determine if he or she is responsible for child support payments. 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 both parents possess health coverage, the child may be added to the more beneficial plan, or use one to supplement the other. If a non-custodial parent is ordered to pay health benefits for the child/children, it will automatically be garnished for their wages. Non-custodial parents in the armed forces may also be requested to apply for dependents' cards for military benefits and health coverage for their children. 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. {Link without Title} 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. If a child seeks legal Emancipation support may also be terminated. 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. In recent years the mystery of calculating child support was removed by software companies creating software to calculate the amount the parent will pay or receive in a child support case. This has often been a mystery and many were forced to pay lawyers only to find out their support payments were not about to change. {Link without Title} UNITED STATES See Also: Child support in the United States Child support enforcement 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 enforcement program 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:
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. Major Federal Child Support Enforcement Laws 1975 - Social Security Act, Title IV, Section D 1984 - Child Support Amendments 1988 - Family Support Act 1992 - Child Support Recovery Act 1993 - Omnibus Budget Reconciliation Act 1994 - Full Faith and Credit Act 1996 - Personal Responsibility and Work Opportunities Reconciliation Act 1998 - Dead Beat Parents Punishment Act 2000 - Non-custodial Parent Federal Employee Health Insurace Requirement for Children 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. NEW ZEALAND In New Zealand, the Child Support division of Inland Revenue manages the application for, collection and redistribution of child support. Liable parents are assessed using a formula assessment scheme that determines payment liability based on the liable person's income and family circumstances. Departures from the formula are permitted under special circumstances, such as hardship, financial assets, special needs or through parental agreements. Payments are compulsory, with a minimum payment required, irrespective of ability to pay, though prisoners and long term hospital patients can apply for exemptions. Application for child support can be made by any person responsible for caring for a child but is only required if a parent receives welfare payments for themselves and their children. Children qualify for child support while they are aged under 19 years and are dependent on a caregiver. UNITED KINGDOM In the UK the Child Support Agency calculates the requisite contribution. "DEAD-BEAT" PARENTS See Also: Deadbeat dad 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 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. |
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