http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-is-child-support-.html Child support is a payment by one parent (often the non­custodial parent) to the other parent for the support of their common child. (See Child Support and Visitation.) It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child. Thu, 03 Apr 2008 00:02:19 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/after-a-child-has-been-raised-is-the-parent-w.html This depends on the law in the state where the parents live. In some states, the parent who was to receive child support can collect support owed even after the children are adults. The parent who was supposed to pay child support cannot claim that the child support is too old to be collected, or that the other parent should have tried to collect sooner, except to the extent collection is barred by the statute of limitations. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/can-one-parent-be-ordered-to-pay-child-suppor.html Yes. Child support is payable from one parent to the other for a common child, regardless of the marital status of the parents. This is very common in a paternity action, whether or not the issues of parentage, child visitation, child custody, and child support are resolved. Paternity actions to recover the cost to government for payment of Aid to Families with Dependent Children (AFDC or welfare) are commonly brought by local government agencies (such as the Office of the District Attorney) throughout the country to hold a parent responsible for child support, even when s/he has never been married to the other parent. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/can-the-parent-limit-the-amount-of-future-chi.html Maybe. Child support is awarded in the best interests of the child. In order to limit the amount of future child support payments, the interests of the child must be adequately considered. In theory, a disinterested Guardian Ad Litem for the child would have to be appointed and represent to the court that the best interest of the child would be to limit such future support payments. This would expose the Guardian Ad Litem to the possibility of a future claim by a former child (having reached the age of majority, s/he is considered to be competent to bring a legal action on his/her own) that the limitation of child support was not in his/her best interest. Thus, these limitations are rare. Some states, however, will consider an argument that if there is a high level of income/wealth by one or both parents, a limit to the amount of support is proper. For example, suppose that the non­custodial parent has $1,000,000 in annual earned income that results in a guideline support amount of $300,000 to the custodial parent. In some states, the non­custodial parent may be able to argue that such a high level of support is not in the best interest of the child, and that a lower guideline support amount should be set. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/do-i-need-to-use-an-attorney-to-do-the-paperw.html In the end you are better off using an attorney. The issue is one of informed consent. You might pay for his attorney to advise him of his rights and to place in any such agreement that he received advice of counsel. That way, 4 years from now, he can`t come back at you and say: I didn`t understand what the heck I was doing. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/how-do-child-care-costs-get-factored-in-.html The cost of child care can likewise be apportioned between the parents. Because child care costs are incurred so that a parent is able to earn income, it means that a greater amount of combined income is available for the support of the child. Since both parents benefit from the cost of child care, this cost is divided between the parents (usually 50% each). The parent who actually pays the child care expense receives payment from the other parent. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/how-is-the-amount-of-child-support-determined.html Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other. Child Support FAQs Wed, 07 May 2008 23:29:54 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/how-long-must-child-support-be-paid-.html The duration of this responsibility depends upon state law. All states require both parents to be financially responsible for their child during the child`s minority, generally through the child`s high school years. A few states have extended the time for financial responsibility beyond the minority of the child. Child support can be terminated in the event of the death of the child, if the child goes on active duty in the armed forces, or if the child becomes emancipated or self ­supporting. Child Support FAQs Fri, 06 Jun 2008 06:36:10 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/i-am-a-stepparent-do-i-have-an-obligation-to.html No. You should not be responsible to provide for the children`s support, unless there was an adoption or you agreed to provide support in a marital agreement. Child Support FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/i-am-the-bilogical-father-of-an-illegitimate-.html A biological father is responsible for paying child support unless someone else adopted the child or his parental rights were severed by court action. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/i-m-marrying-a-man-who-has-children-from-a-pr.html Some states, California for example, provide that a new spouse with income, cannot be held liable for the support of a stepchild except under extreme circumstances. Your State may have similar exemptions. However, for the time being, and for purposes of financial safety, set up and maintain separate savings and checking accounts. That way, your funds do not become commingled with your husband`s, and a court, should the question ever arise, will always be able to calculate whose income is whose and where the funds came. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/if-the-obligor-parent-doesn-t-pay-can-visitat.html No. The child support obligation and the right to child visitation are two different issues. Failure to pay child support is insufficient grounds to stop the right of the obligor parent to visit with his/her child. Visitation is ordered by a court in the best interest of the child, to promote love and affection with both parents, custodial and non­custodial. Child visitation is vital to the non­custodial parent so that a meaningful relationship between child and parent can be established. On the other hand, child support is based upon the financial needs of the child and the ability of both parents to provide for these needs; thus is treated as a separate issue, and does not have a determinative effect upon visitation. The obligee parent must continue to allow visitation with the child despite failure of the obligor parent to pay child support. Although this may be very hard for the obligee parent to understand, if the obligee parent frustrates the right of the obligor parent to visit with the child, the obligor parent could ask the court to change custody of the child based upon this frustration of visitation even though s/he is delinquent in payment of child support. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/is-child-support-suspended-during-summer-vaca.html No, unless the parents agree to a different amount during vacation periods when the child(ren) are away for long periods of time with the non­custodial parent or the order says otherwise. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/my-husband-and-i-have-decided-to-use-artifici.html Your best protection is to buy from a sperm bank since sperm bank donors have no way of knowing if they have any kids, let alone who the mothers are. However, one of the many disputed issues in this newly developing area of the law is whether the identity of the donor should be secret or whether states should enact legislation permitting disclosure to the child of his/her biological father. If you opt out and go private, your best first step is to see a lawyer to draw up an artificial insemination contract. However, states are divided on whether the contract is enforceable. Some states won`t enforce these contracts as a matter of public policy (parents should be on the hook for child support and should get visitation). Some enforce the contract (consenting adults can decide these things for themselves). And the law is constantly changing. Termination of parental rights is probably the best bet if you insist on going private. Check with a lawyer to see if a private party can bring this suit and if it can be brought before the birth of the child (in California, for example, your rights can be finalized through a pre­birth Judgment of Maternity and Paternity). Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/my-income-dropped-dramatically-when-i-was-lai.html Unexpected, significant decreases in income can be a reason to request modification of your child support order. Before incurring the additional expense of a court­mandated change, one route is to ask the other party to agree to a temporary reduction or deferral (if need be). If successful, put the terms in writing, sign, and date the document, preferably with the advice of a lawyer. If that does not work, ask the court to modify the amount of the child support owed in the future, explaining your major and unavoidable drop in your financial situation, that the income is not likely to be replaced soon, and why the change would be fair. Most courts are sympathetic and receptive to making necessary changes in child support when you have experienced a financial setback. Again, paying a lawyer to help can pay for itself dozens of times over. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/my-wife-has-threatened-to-file-for-bankruptcy.html Filing for bankruptcy protection does not allow your ex to discharge past due child support obligations. Any back payments owed for child support cannot be included as a debt and cannot be discharged in a bankruptcy proceeding. However, the filing of a bankruptcy petition automatically stops collection activities on a support order. Since there are legal procedures that must be followed in order to lift the stay regarding the payments, it is crucial to retain an attorney who has expertise in bankruptcies. Child Support FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/my-wife-is-a-delinquent-on-her-court-ordered-.html Small Claims court never has jurisdiction of Family law matters (despite what you see on TV). You may need to contact Family Support Services in your city, or at your courthouse, and find out what your local rules are for the enforcement of the judge`s orders. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/obligor-and-obligee-which-one-is-which-.html The obligor is the parent that is required to pay the child support to the other parent. The obligee (obliged) is the parent who receives the payment from the other parent. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-about-allocation-of-standard-living-.html Each parent is supposed to pay for child support according to his or her ability and circumstances and station in life. A parent with the higher standard of living has the obligation to ensure his or her children share in that lifestyle. A non­custodial parent cannot be forced to pay child support beyond his or her means simply to match the custodial parent`s new station in life (as where custodial parent remarries into wealthier social position). Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-are-the-tax-consequences-of-child-suppor.html For federal income tax purposes, child support payments you receive are not income ­ they are tax free to you. The parent who makes the payments cannot deduct the amount as an expense on his or her federal tax return. However, sometimes parents are able to negotiate higher alimony (which is deductible by the parent making payments and taxable income to the receiving parent) to generate tax savings. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-efforts-can-be-taken-to-collect-child-su.html When a parent fails to provide support for a child, the parents need to work together to make arrangements for mutual sharing of the expense of raising the child. For all parties concerned, the best solution is often found when parents work together. In the situation where one parent does not cooperate in sharing the responsibility for child support, the controversy should be submitted to a court. The first step is to obtain an order for the payment of child support. Further action in the court for the purpose of collecting child support can be taken if the obligor parent fails to comply with the court order for payment of child support. Like other enforcement of judgment actions, the available remedies range from simple to complex proceedings. Wage assignments: The most common tool used to collect child support payments that are not voluntarily made is through a wage assignment order. A wage assignment order is an order of the court directing the employer to deduct the child support payment from the earnings of an employee­obligor parent and then make this payment directly to the obligee parent. Violation of a wage assignment order could result in the employer becoming responsible for such payment to the obligee parent. Assignment orders can be obtained through a relatively simple court procedure. Once obtained, the wage assignment order must be served upon the employer of the obligor parent before it becomes effective. Enforcement action: When the obligor parent continually fails to make support payments, the total amount of the arrearage (payments due and owing but not yet paid) can be set as a judgment for further enforcement proceedings. Interest on the arrearage is often included as part of the judgment, since many states provide for interest to accrue on outstanding orders for support. The expense of an enforcement action to collect a judgment is justified as the amount due increases. When the obligor parent has income or property, there is financial incentive to pursue enforcement efforts and, with the assistance of professionals, well worth the effort and expense. Attachment or levy: Child support can also be collected through other procedures. For example, if the obligor has money in a bank, a valuable automobile, an investment in a mutual fund, or an interest in a property in the possession of a third­party, an attachment or levy can be executed. When executing a levy or attachment, care must be taken since some property is exempt. In a levy or attachment proceeding, the court can have the property of the obligor parent seized or taken away and given to the obligee parent. Although an obligor parent may challenge the levy or attachment in court (claim an exemption), it can be very effective in obtaining payment of a child support judgment. Strict adherence to the established rules for levy and attachment is required to protect an obligee parent from an allegation theft of property. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-if-the-obligee-does-not-spend-any-money-.html This is a very difficult issue to resolve. One hand, the obligee parent has the right to spend child support money received as s/he sees fit, in the best interest of a child. On the other hand, the obligee parent has the obligation to provide for the best interests of the child. If the obligee parent is derelict in meeting his/her parental responsibilities toward the child, and the child`s needs are not being met, s/he could be charged with child abuse or neglect. In extreme cases, this abuse or neglect would be grounds upon which a change in custody, in addition to a change in the obligation to pay child support, would be proper. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-income-items-do-typical-formulas-conside.html The formula is based on the respective net incomes of the parents. Federal and state income taxes, Social Security and Medicare tax, health insurance, union dues and other mandatory expenses are subtracted from a parent`s gross income (that is, income from all sources including, but not limited to, wages and investments) to arrive at his/her net income. Child Support FAQs Thu, 12 Jun 2008 15:00:34 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-is-child-support-used-for-.html Child support covers everything a child needs, and even more, during the growth and formative years. Keep the following in mind: A parent`s first and principal obligation is to support his or her minor children according to the parent`s circumstances and station in life; and Children should share in the standard of living of both parents. Thus, the amount of a child support award is more than a question of bare necessities. If the child has a wealthy parent, that child is entitled to, and therefore needs something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that far exceeds the custodial parent`s living standard, child support must to some degree reflect that more opulent lifestyle. This is so even though, as a practical matter, the child support payments will incidentally benefit others in the custodial household whom the payor parent has no obligation to support (e.g., custodial parent owed no spousal support, adult children, or children from custodial parent`s other relationships). Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. Children are entitled to share in non­custodial parent`s elevated standard of living despite custodial parent`s substantially lower income. Awarding supported children a percentage of a non­custodial parent`s future bonuses ensures they will share in his standard of living. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-is-the-parent-locater-service-.html The Federal Parent Locator Service (FPLS) obtains and transmits information about the location of any absent parent when that information is to be used for the purpose of enforcing child support. The service is an arm of the Department of Health, Education, and Welfare. The FPLS also can be used in connection with the enforcement or determination of child custody, visitation, and parental kidnapping. There are also state parent locator services in some states. Recent federal legislation (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) also expanded the FPLS`s services to include a National Directory of New Hires and a Federal Case Registry of Support Orders. FPLS will match data between the New Hire and Case Registry every two days and report matches to states within two days. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-other-collection-remedies-are-available-.html The following are other alternative courses of action: Government: Many states have empowered local government agencies (such as the Office of District Attorney) to collect child support for an obligee parent. Under law, the local agency may (or must) take action to collect outstanding child support arrearage. Resources, such as parent locator services, and a staff of attorneys/clerks, are available to local agencies to assist in collecting court ordered child support. Tax refund intercepts: Local agencies have the authority to follow a procedure to intercept federal or state tax refunds which otherwise would be paid to the obligor parent. Also, local agencies can provide information about child support arrearage to consumer credit reporting agencies who are then required include such information in the agency`s report. Although local child support enforcement agencies can be slow, because of the additional resources available to them, their assistance should be requested as part of the overall effort to collect a child support arrearage. Real estate liens: A judgment lien based on child support arrearage can be recorded against real estate owned by the obligor parent in the county in which the property is located. When such a lien is recorded, the real property becomes security for the payment of the judgment. A judgment lien for child support is then paid from the proceeds of the sale when the property is sold. A judgment lien against real property should be established whenever an obligor parent owns real property that has an equity value (that is, the amount of all outstanding liens, including mortgages, is less than the fair market value of the property). Civil contempt of court: A more complex proceeding is an action for contempt. Since payment of child support is a direct order by a court to pay, failure to pay is treated as contempt of a court order. In this proceeding, which is quasi­criminal in nature, the obligee parent must prove to the court that the obligor parent had the income from which support could have been paid. Although a contempt proceeding is complex, it certain to gain the attention of the obligor parent. Since collection of child support can be difficult, professional assistance is often needed. Child support judgments can easily reach many thousands of dollars a year, and the cost of professional assistance is justified, since those who are familiar with collection procedures often obtain favorable results. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/what-other-items-do-formulas-consider-.html Time Spent With Child. Besides the respective net incomes of the parents, the amount of time each parent spends with the child is factored into the formula. Since a parent who spends more time with the child is most likely incurring greater expense in raising the child, the custodial parent (a term that is often used in association with the parent who has the physical custody and responsibility the majority of the time) is considered to spend more money on the child than the non­custodial parent (the parent without primary physical custody). Since the custodial parent spends more of his/her income on the child, the child support formula includes this factor in determining the amount of child support to be paid by one parent to the other. Number of Children. Along with the amount of time that a parent spends with a child, the number of children in common between the parents is often considered. The theory is that certain fixed expenses do not rise with the number of children for whom support must be provided, so the actual amount of support per child is lower given the greater number of children in common. Special Circumstances. In addition, special circumstances may require a greater amount of child support to be paid. Special circumstances, such as extraordinary medical expenses, special educational needs, travel expenses incurred for child visitation, uninsured catastrophic losses and the cost of basic living expenses for children from another relationship, can affect the amount of guideline child support that is to be paid. Since there are a number of factors that go into the formula to determine guideline child support, some states have approved computer programs designed specifically for determining the amount of child support. Use of a computer program to determine the amount of child support is a very objective method for determining child support. Proper analysis of all the factors can have dramatic effect upon the determination of the guideline child support amount. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/when-can-a-child-support-order-be-changer-or-.html An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent`s financial situation ­ such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child ­ such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing. Child Support FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Child-Support/Federal/who-can-be-offered-to-pay-child-support-.html A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions. Child Support FAQs Tue, 29 May 2007 21:19:00 GMT