Bauer Family Law - Child Support
From Wikipedia, the encyclopedia
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, 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 primary
residential custody of the children. 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).
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 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 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 In Florida
Florida, like many other states, uses guidelines in order to establish a party's child support obligation.
Florida Statute 61.30 requires guidelines to be used in establishing new child support obligations or
modifying child support in a Florida court. The Florida guidelines takes into consideration all income
and earnings of both parents, as well as health care and child care needs. These numbers are placed
into a worksheet to obtain a party's child support obligation. (To calculate child support see www.alllaw.
The Court may deviate from the guidelines if there is a written finding in the court record that the
guidelines in the particular case would be inappropriate. The finding must include the amount of
support that would have been required under the guidelines and a reason why the order varies.
Obtaining Child Support
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
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
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 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
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. 
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.
Child support 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
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.
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
- 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.
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 Insurance Requirement for Children
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 as a means of protesting 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.
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.
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 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 jurisdictions 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 outside audits on its five metro child support enforcement
The source of this information is from wikipedia.org
Also from the Department of Revenue Website for Florida www.dor.myflorida.
Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) 42 U.S.Code §602a(1)& (2)
Orlando Divorce Attorneys
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Orlando, FL 32819
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