Child Support Law
Child support generally continues until the child reaches 18 years, graduates from high school, is emancipated or, in some cases, for an extended period such as college attendance. The amount and continuation of support may be changed by the court upon application of either party depending on a proven change of circumstance of the parents or child. Child support is not deductible from gross income for tax purposes nor is it taxed as income.
Child support and visitation are independent obligations. One cannot stop paying support if visitation is denied, nor can visitation be denied for nonpayment of child support. A person who denies ordered visitation or fails to pay ordered child support can be held in contempt of court and states have various remedies, which vary by state, for pursuing claims against parents who owe back child support. Such remedies may include driver's license suspension, wage garnishment, and attaching unemployment compensation, worker's compensation, and federal tax refunds, among others.
For more information about individual child support laws, procedures and related topics for U.S. states, please visit our U.S. Divorce Law Center. Visit Us at Google+ Copyright HG.org
Child Support Law - US
- Child Custody and Child Support
When married parents divorce or separate, or when only one of the unmarried parents of a child has custody, the court may order the "non-custodial" parent (the parent with whom the child does not live) to pay a certain portion of his or her income as child support. This is not the only scenario in which child support might arise. Less frequently, when neither parent has custody, the court may order them to pay child support to a third party who cares for their child.
- Child Support Guidelines - by the National Conference of State Legislatures
All states are required by federal law to conduct reviews of their child support guidelines every four years. Most legislators and administrators use this review period to strengthen and update their guidelines, as well as to examine approaches other states have adopted. In 2004-2005, NCSL conducted a survey of states, supported by the federal Office of Child Support Enforcement, to gain a deeper understanding of how states review their guidelines, and of the issues they address.
- Custody and Support Resource Guide - by the National Center for State Courts
Courts have attempted to ease the pain of custody battles for families by providing (and sometimes requiring) mediation, parental education, and other services to divorcing parents or parting never-married parents and their children. It is hoped that with increased access to all types of information, courts and judges will have all the tools they need to handle custody cases in today’s world.
- Family Law in the Fifty States - ABA
The Family Law Quarterly publishes these charts in conjunction with the annual "Family Law in the Fifty States Case Digests." The charts summarize basic laws in each state by topic, including custody, alimony and grounds for divorce. All charts are current as of January 2008.
- Handbook on Child Support Enforcement
This Handbook on Child Support Enforcement is a guide to help you get the child support payments your children need and deserve. Although it is written for people who are working through Child Support Enforcement (CSE) offices, it will also be useful to parents who are working with private attorneys.
- Office of Child Support Enforcement FY 2008 Preliminary Report
The Office of Child Support Enforcement (OCSE) Preliminary Report highlights financial and statistical program achievements which occurred in Fiscal Year (FY) 2008. The information was retrieved from State-submitted reports on program status sent to the Federal government on a quarterly and annual basis.
- Summary of the Practice Parameters for Child Custody Evaluation - AACAP
This summary is presented as a guide for clinicians evaluating the often delicate and complex issues surrounding a child custody dispute.
SupportGuidelines.com is the comprehensive resource for the interpretation and application of child support guidelines in the United States. It is designed to be an aid primarily for attorneys who wish to research the law of child support in general and child support guidelines in particular.
- U.S. Code: Federal Parent Locator Service
The Secretary shall establish and conduct a Federal Parent Locator Service, under the direction of the designee of the Secretary referred to in section 652 (a) of this title, which shall be used for the purposes specified in paragraphs (2) and (3).
- Uniform Child Custody Jurisdiction and Enforcement Act (1997)
This Act, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), revisits the problem of the interstate child almost thirty years after the Conference promulgated the Uniform Child Custody Jurisdiction Act (UCCJA). The UCCJEA accomplishes two major purposes. First, it revises the law on child custody jurisdiction in light of federal enactments and almost thirty years of inconsistent case law. Article 2 of this Act provides clearer standards for which States can exercise original jurisdiction over a child custody determination. It also, for the first time, enunciates a standard of continuing jurisdiction and clarifies modification jurisdiction. Other aspects of the article harmonize the law on simultaneous proceedings, clean hands, and forum non conveniens.
Child Support Law - International
- Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children
(Done at The Hague, 19 October 1996) The objects of this Convention are: a to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child; b to determine which law is to be applied by such authorities in exercising their jurisdiction; c to determine the law applicable to parental responsibility; d to provide for the recognition and enforcement of such measures of protection in all Contracting States; e to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.
- Custody, Access and Child Support in Canada
If you pay money to, or receive money from, your child’s other parent for the financial support of your child, that money is called "child support". The guiding principle of Canada’s child support law is that children should continue to benefit from the financial means of both parents just as they would if the parents were still together. Therefore, if you are divorced or separated from the other parent, you are both responsible for supporting your children financially.
- The Federal Child Support Guidelines in Canada
Contains helpful information about child support.
Organizations Related to Child Support Law
- Administration for Children and Families (ACF)
The Administration for Children and Families (ACF), within the Department of Health and Human Services (HHS) is responsible for federal programs that promote the economic and social well-being of families, children, individuals, and communities.
- Association for Children for Enforcement of Support (ACES)
Membership organization that helps parents collect child support and advocates for better child support enforcement policy. ACES offers "how to" instructions and educational information about child support enforcement, visitation rights and paternity determination. The organization also provides a telephone "hot-line" for members, providing information, support, and referrals to resources.
- Children's Rights Council
The CRC is a nonprofit organization dedicated to promoting the idea that both parents should be involved in their children's lives; the CRC provides free drop-off/pick-up centers for custody transfers.
- National Association of Counsel for Children (NACC)
NACC, members are individuals who provide legal and social work help in the areas of divorce, custody, abuse, neglect, termination of parental rights, foster care, adoption, and delinquency.
- National Child Support Enforcement Association (NCSEA)
NCSEA serves child support professionals, agencies, and strategic partners worldwide through professional development, communications, public awareness, and advocacy to enhance the financial, medical, and emotional support that parents provide for their children.
- Office of Child Support Enforcement (OCSE)
To assure that assistance in obtaining support (both financial and medical) is available to children through locating parents, establishing paternity and support obligations, and enforcing those obligations. The Child Support Enforcement Program is authorized and defined by statute, Title IV-D of the Social Security Act. The purpose and the mission of the Program are derived from the Act.
Publications Related to Child Support Law
- Publications of the Office of Child Support Enforcement
Access forms, reports, handbooks and other publications.
Articles on HG.org Related to Child Support Law
- Seperation - Very often couples suffer a great deal, in the course of a marriage.These become painful and hard experiences. In many cases women experience bad treatment at the hands of their husbands for a long time and want to dissolve the marriage but often the husband threatens that he’ll never give a divorce.
- Modification of Child Support in TexasMy husband got a job and makes more money. I make a lot less money now than when my divorce was final. My children live with a different parent now. Can we change the amount of child support? In the changing economy, these are very common questions. Fortunately, the answers are simple. The answer is yes, child support can be modified.
- Factors Determining Child Custody under Georgia LawGoing through a divorce is difficult on everyone, but a divorce can be particularly hard when you and your partner need to determine who gets custody of the kids. GA child custody law keeps the best interests of the child in mind, and who receives child custody will depend on a variety of different factors. The guidance of an experienced lawyer from is imperative if you want to win custody after a divorce.
- Custodial Rights of Children in the UAEWhen child custody disputes arise between parents non-UAE nationals resident in the UAE, whether married to a UAE or non-UAE citizen, may file custody cases in the UAE.
- Fathers Rights in California and What Every Dad Should KnowFathers concerned about their California custody rights get a lot of bad information. This article will take the confusion and myth out of this area of family law and get dads who are going through custody cases off to a good start.
- 10 Questions to Ask your Divorce Lawyer in Georgia: Part 2A divorce is a delicate matter that should be handled by both experienced and helpful divorce lawyer. Ask the right questions to find the attorney that best fits your needs!
- 10 Questions to Ask your Divorce Lawyer in Georgia - Part 1It important to have a list of questions to ask when you're deciding which divorce lawyer is right for you. Ask about their previous experience, rate per hour, and so forth. This will help you as you move forward.
- Explaining the Differences between Family & Supreme Court in NY StateFor couples seeking a divorce or families dealing with a family law issue, the difference between Family Court and Supreme Court in New York State may not always seem clear. Cases often involve both of these courts, and they share jurisdiction, or authority, over multiple domestic issues. Yet there are important differences between each of these courts.
- How is Child Custody Determined in Arizona?Arguably one of the largest concerns for families with children who are considering divorce is how child custody is determined in Arizona and other states. There are many who are under the false impression that custody is routinely granted to the mother or wealthy parent- but that is not the case.
- Joint and Sole Legal and Physical Child Custody ExplainedIf you and your child's other parent are separated or divorced, determining child custody is probably one of your primary concerns. Child custody comes in two forms – legal custody and physical custody.
- All Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.