Child support refers to the ongoing financial assistance provided by one parent to the other for the upbringing and care of their child or children after separation or divorce. It is typically mandated by law to ensure that both parents contribute to the financial well-being of their children. The amount of child support is often determined based on factors such as the income of each parent, the needs of the child, and the standard of living established during the marriage or relationship. Child support payments are usually used to cover expenses such as food, clothing, housing, education, and healthcare for the child. Enforcement mechanisms are in place to ensure that parents fulfill their child support obligations, as the welfare of the child is considered paramount.
n. court-ordered funds to be paid by one parent to the custodial parent of a minor child after divorce (dissolution) or separation. Usually the dollar amounts are based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs of the child. In many states or locales the amount is determined by a chart which factors in all these figures. It may also include health plan coverage, school tuition or other expenses, and may be reduced during periods of extended visitation such as summer vacations. Child support generally continues until the child reaches 18 years, graduates from high school, is emancipated (no longer lives with either parent), 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 proved change of circumstance of the parents or child. Child support should not be confused with alimony (spousal support) which is for the ex-spouse’s support. Child support is not deductible from gross income for tax purposes (but may allow a dependent exemption) nor is it taxed as income, unlike alimony, which is deductible by the payer and taxed as the adult recipient’s income.
Child support refers to the financial assistance provided by a non-custodial parent to the custodial parent for the upbringing and care of their child. The amount of child support is determined by the court based on various factors such as the income of both parents, the needs of the child, and the custody arrangement. Failure to pay child support can result in legal consequences such as wage garnishment, suspension of driver’s license, and even imprisonment.
The entitlement of all children to be supported by their parents until the children reach the age of majority or become emancipated — usually by marriage, by entry into the armed forces or by living independently. Many states also impose child support obligations on parents for a year or two beyond this point if the child is a full-time student. If the parents are living separately, they each must still support the children. Typically, the parent who has custody meets his or her support obligation through taking care of the child every day, while the other parent must make payments to the custodial parent on behalf of the child — usually cash but sometimes other kinds of contributions. When parents divorce, the court almost always orders the non-custodial parent to pay the custodial parent an amount of child support fixed by state law. Sometimes, however, if the parents share physical custody more or less equally, the court will order the higher-income parent to make payments to the lower-income parent.
Child support is a court-ordered financial payment made by one parent to the other for the purpose of financially supporting their child or children.
Typically, the non-custodial parent (the parent with whom the child does not primarily reside) is responsible for paying child support.
The amount of child support is determined by various factors, including the income of both parents, the number of children involved, and the specific needs of the child.
Yes, child support can be modified if there is a significant change in circumstances, such as a change in income or the needs of the child.
If a parent fails to pay child support, the custodial parent can seek enforcement through legal means, such as wage garnishment, seizure of assets, or even imprisonment in extreme cases.
Child support obligations cannot be waived or terminated by the parents themselves. Only a court can modify or terminate child support orders.
No, child support payments should be made to the custodial parent or through the appropriate state child support agency.
Yes, child support orders can be enforced across state lines through the Uniform Interstate Family Support Act (UIFSA), which allows for cooperation between states in enforcing child support orders.
In some cases, child support modifications can be made retroactively to the date of the filing of the modification request. However, this varies depending on the specific laws of each jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 6th April, 2024.
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