Information about Child Support
In many countries, child support 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 obliged 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 obliged
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, it's 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 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. 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 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 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 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, 11 states (Colorado,
Delaware, Florida, Indiana, Kansas, 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.
"Dead-beat" parents
Non-custodial parents who avoid their child support obligations are often termed
dead-beat parents. 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). 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. Some custodial parents who have been victimized in abusive
relationships view the avoidance of child support payments as another means of
their spouses perpetuating the abuse.
In the United States, many states suspend an individual's licenses (i.e.
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 Tennessee revoked the driver’s
licenses of 1,372 people who collectively owed more than $13 million in child
support. In Texas non-custodial parents behind more than three monthsin
child-support payments can have court-ordered payments deducted from their
wages, can have federal income tax refund checks, lottery winnings, or other
money that may be due from state or federal sources intercepted by child support
enforcement agencies, can have licenses (including hunting and fishing licenses)
suspended, and a judge may sentence a nonpaying parent to jail and enter a
judgment for past due child support. Some have taken the view that such
penalties are unconstitutional, even alleging that "The People employed in the
family courts and family court services are criminals" However, on September 4,
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, U.S. 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
U.S. court order issued by family division of county court garnishing typically
the father's incomeThe U.S. law commonly known as the Bradley Amendment was
passed in 1986 to automatically trigger a non expiring lien whenever child
support becomes past-due.
The law overrides any state's statute of limitations.
The law disallows any judicial discretion, even from bankruptcy judges.
The law requires that the payment amounts be maintained without regard for the
physical capability of the person owing child support (the obligor) to make the
notification or regard for their awareness of the need to make the notification.
But, like any other past-due debt, the obligee, typically a mother, may forgive
what is owed to her.
When past-due child support is owed to a state as a result of welfare paid out,
the state is free to forgive some or all of it under what's known as an offer in
compromise.
A note about the term “Dead-beat parent” this a descriptive term used more by
Child Support advocacy groups then by Child Support Agency’s. Child Support
Agency’s described clients either as in compliance, not in compliance or
criminal non compliant. Compliance is judge by the paying party performance in
meeting the terms of the Child Support court order.
Child support and welfare
Since enactment in 1996 of the Personal Responsibility and Work Opportunity
Reconciliation Act (PRWORA), a major impetus to collection of child support in
the United States is the Welfare law. A custodial parent receiving public
assistance (Temporary Aid to Needy Families or TANF) is required to assign his
or her right to child support to the Department of Welfare before cash
assistance is received. Another requirement is that the custodial parent must
pursue child support from the non-custodial parent . Where successful, the child
support is then diverted to the welfare program instead of the custodial parent
as partial reimbursement of the cash assistance being paid. If the amount of
child support paid equals or exceeds the assistance grant, the family is moved
off the cash assistance portion of the program (they may still be eligible for
food stamps and medical assistance). Other provisions of PRWORA require the
custodial parent to find employment and will assist that parent in finding and
maintaining such employment (such as buying new work clothes or repairing a
vehicle to get them to work). If the custodial parent becomes employed, their
cash assistance will be reduced based on the amount of income received. If child
support is also being paid, the chances are that it will then be greater than
the assistance grant and the family will move off the welfare rolls (at least as
far as cash assistance is concerned) . The child support enforcement programs in
all 50 states are primarily funded by the federal government through each
state’s Department of Welfare. Should a state's handling of child-support
enforcement not comply with PRWORA standards, that state's program funding can
be reduced by 5% as a penalty.
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 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, Ed.D, Commissioner of U.S.
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 $4.1 billion in financial incentives to states that create support and
arrearage orders, and then collect (cf. 6B, 6C, & 6D).
Court services
Some claim that requiring non-custodial parents to pay child-support creates
jobs to sustain the divorce industry. They point out that 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
conducted outside audits on its five metro child support enforcement operations.
While the county's reports are the official record keeper, the state also have
their support reports, cancelled checks with relevant support orders is all the
evidence needed to prove your claim.
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