Child Support in the U.S.

What is Child Support?

Child support is the parent's agreement about how to equitably share the responsibilities and rights that go along with parenthood when they live separately.

How Does Child Support Work?

In modern times, it’s increasingly common for parents who have children together to part ways. Even when custody is shared between the parents, one parent will still retain the primary custodial rights to the child and will ultimately bear the bulk of the day-to-day financial expenses responsibilities associated with raising the child. This parent is considered the custodial parent. Non-custodial parents are usually ordered by courts to make child support payments to help reimburse the custodial parent for expenses related to the youngster.

Alimony payments, or spousal support, is becoming increasingly rare in many states. These payments, usually made by the former bread maker in the marriage, are designed to help financially support one partner through the divorce process until they are able to find steady employment.

Child support is primarily dedicated to the basic needs of the child. Parents are often granted both alimony payments and child support orders simultaneously. The amount of child support payments the non-custodial parent is obligated to pay is greatly dependent on the couple’s custody arrangement. Physical custody involves determining where a child will primarily reside, and legal custody describes the parent’s right to make decisions about the child’s well-being. Parents may be awarded sole custody or joint custody.

Federal Laws

The United States legal system takes parental responsibility very seriously. Willfully failing to pay court ordered child support payments is against the law.

Child Support Arrears

When payments become overdue for longer than one year or tops $5,000, the parent can be charged with a misdemeanor. A conviction will result in not only a criminal record but also the potential of spending six months in jail. When payments are late for over two years or exceeding $10,000, then the crime becomes a felony.

Child support agreements are formed between parents in order to legally define a parent’s financial responsibility. It’s advised that parents who reach agreements outside of the courtroom write down the formal agreement so both parties are aware of their responsibilities. These agreements should include details about which parent is responsible for paying support, the amount of money that will be allocated for support, the frequency of payments and the length of the payments. When parents have trouble reaching an agreement on their own, a court will rule on the various aspects of child support payments and then create a mandatory court order for the non-custodial parent.