Child Support & Custody Support Group

Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard.

Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While many parents cooperate when it comes to sharing their children, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent "super-heated" custody battles that make the news and sometimes distort the public's perceptions as to the prevalence of such disputes and the adequacy of the court's response.

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.

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, 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).

Paying child support is a tremendous responsibility. The payments that are made are distributed to the custodial parents to ensure that their children have what they need to live a comfortable life. Child support laws differ from state to state, but in all regions and jurisdictions, non-custodial parents must pay according to the support order or face legal consequences.

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 idenitity 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 acknowledgement 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.

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.

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". " 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 child support court order.

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.

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.