Whether you are newly divorced or had a child outside a committed relationship, child support is a term you may already be interacting with as you navigate parenthood separately.
Child support laws can be complex to understand and sometimes confusing if you lack the proper knowledge. For instance, minor child support is calculated by taking into account the time each parent spends with the child, how much both parents earn, and the difference between their income.
If not well executed, the non-custodial parent may feel used while the custodial parent feels exploited. Child support entails the ongoing need for both parents to provide financial care to a minor child. The obligor or the parent making payments sends money to the obligee or the parent receiving the money to use as they see fit for the child's well-being.
In this article, we will provide you with the guidelines for the 50 states, discuss how child support works, and generally look at how much all of this costs.
How Does Child Support Work?
When children are involved, a well-formulated divorce agreement often contains a section about child support. The court uses the state's guidelines to establish how much the obligor will pay. The non-custodial parent usually agrees to make these payments to the obligee once the divorce agreement is finalized.
It is important to note that while a divorce agreement frequently contains a clause on child support, a prenuptial agreement cannot include this information.
In some instances, the non-custodial parent may fail to take responsibility for child support, forcing the custodial parent to take legal action. Depending on your situation, the following are the steps you can take to ask for support legally:
- Open a minor child support case
- Locate the other parent (confirm paternity if need be)
- Take a child support order (establishes the amount the parent must pay each month)
- Set up a payment method
- Enforce child support
- Review the order when either parent's financial situation changes
According to the United States Department of Justice, a parent is subject to federal persecution if they willfully fail to pay minor child support in another state—if it is overdue for one year or exceeds $5,000.
How Much Is Child Support?
The minor child support payment in America ranges from $402 to $1200, with the average being $480. In general, the calculation is based on the gross incomes of both parents after deductions such as health care premiums.
In addition, other areas of earnings are taken into account, including commissions, social security benefits and annuities, and bonuses. Typically, a parent who earns more will pay more to the other parent even when they have joint custody.
The courts do not only calculate based on the necessities but also factor in other reasonable needs that make the child's life comfortable. For instance, if you pay for your child's education, you may need to add an extra amount for entertainment and extracurricular activities to ensure they thrive holistically.
Is child support the same as alimony?
The difference between alimony vs. child support is that alimony is money given to support the living standards the receiving spouse had in marriage, while child support is for the child's well-being.
Unfortunately, the court does not monitor how the obligee uses the money, making some non-custodial parents feel like they are paying for 'alimony.'
Child support model
The Federal Child Support Enactment Act requires all states to have child support guidelines that include how much the obligor should pay. All states have adopted one of the three models to determine the exact child support amount
- The Income Shares Model: The minor child should receive a similar amount of parental support as if the parents were staying together. The model adds both incomes, the amount needed for the minor is determined, and a prorated calculation is done to determine what each parent will pay.
- The Percentage of Income model: The support takes a standard percentage of the non-custodial parent's income. The model assumes all the money is spent on the child.
- The Melson Formula: This method is a more elaborate version of the Income Shares Model. Its additional feature is the Standard of Living Model, which considers the parent's financial needs.
Child Support Laws By State
Each state formulates its child support guidelines but has to adopt some federal regulations found in the Child Support Enforcement Act. Afterward, the state is expected to follow up and ensure the parents follow the child support laws. The following table presents an exhaustive list of all 50 states' child support guidelines.
Even with these guidelines, most courts allow parents to agree on how much child support will change hands. A divorce agreement with a child support section makes the process easy and less stressful.
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Helpful Resources:
Citizen's Guide To U.S. Federal Law On Child Support Enforcement - Department of Justice
Child Support Enforcement - Department of Justice
Custodial Mothers and Fathers and Their Child Support: 2015 - US Census