Key Takeaways
- Child support is based on parental income, custody time, and state-specific models.
- The process involves opening a case, confirming paternity, obtaining a support order, payments, and enforcement.
- Adjustments are allowed for financial changes.
- States follow federal rules but have unique guidelines. Support usually ends at 18 or high school graduation, with exceptions for disabilities or education.
- Child support ensures a child's needs and differs from alimony, which supports a former spouse.
Child support entails the ongoing need for both parents to provide financial care to a minor child. However, child support laws can be complex to understand and sometimes confusing if you lack the proper knowledge.
If not well executed, the non-custodial parent may feel used while the custodial parent feels exploited.
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. Child support laws differ by state, and the court uses these specific guidelines to determine the payment amount the obligor must provide. 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.
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.
Child Support Official Laws
The following table presents an exhaustive list of all 50 states' child support guidelines, and guidelines on how child support is calculated in each state.
| State |
Child Support Official Law |
How Is Child Support Calculated? |
| Alabama |
Rule 32 |
Courts may adjust support payments as circumstances change. Obligations generally continue until the child turns 19. |
| Alaska |
Rule 90.3 |
Support is calculated as a flat percentage of the non-custodial parent's income and usually ends at 18 or 19. |
| Arizona |
Child Support Guidelines |
Support is based on both parents' gross income and ends at 18 or high school graduation, whichever comes later. |
| Arkansas |
Admin Order 10 |
The amount is based on the non-custodial parent's net income, with percentages decreasing as income increases. |
| California |
Family Code Section 4050-4076 |
Parenting time is directly factored into support calculations, linking custody arrangements with financial responsibility. |
| Colorado |
Child Support Guidelines |
Calculations consider both parents' gross income, with support usually ending at 18 or high school graduation. |
| Connecticut |
CSG2005 |
Payments are based on both parents' net income, and obligations generally end when the child turns 18. |
| Delaware |
Child Support Formula |
The Melson Formula considers both parents' net available income, with courts able to deviate when appropriate. |
| Florida |
Chapter 61 Section 30 |
Calculations use parents' net income and may include health insurance, childcare, and education expenses. |
| Georgia |
O.C.G.A. § 19-6-15 |
Support is based on the paying parent's gross income, while extra costs may justify adjustments. |
| Hawaii |
Child Support Guidelines |
The Melson Formula considers net income and household allowances when calculating support. |
| Idaho |
R. Civ. Pro. 6(c)(6) |
Guidelines follow an income-share approach and prioritize child support over parents' or creditors' financial needs. |
| Illinois |
750 ILCS 5/505 |
Statutory guidelines calculate support as a flat percentage of the paying parent's net income. |
| Indiana |
Child Support Rules and Guidelines |
Calculations are based on gross income and may include education costs, including post-majority education. |
| Iowa |
Chapter 9 |
Court-established guidelines follow an income-share approach and rely on gross income. |
| Kansas |
Admin Order 307 |
Support generally continues until age 18, or 19 if the child is still attending high school. |
| Kentucky |
Rev. Stat. §§ 403-210 to -213 |
Statutory guidelines rely on gross income and may include education expenses beyond the age of majority. |
| Louisiana |
RS 9:315.18 |
Statutory guidelines calculate support through an income-share approach based on the parents' gross income. |
| Maine |
Title 19-A, Chapter 63 |
Statutory guidelines follow an income-share approach and rely on gross income. |
| Maryland |
Child Support Guidelines |
Statutory guidelines calculate support through an income-share approach based on gross income. |
| Massachusetts |
Child Support Guidelines |
A hybrid formula combines income-share and percentage models, with educational support available up to age 21. |
| Michigan |
Child Support Formula |
Support is calculated from each parent's net income and processed through the Friend of the Court system. |
| Minnesota |
Chapter 518A |
A varying percentage formula is applied to net income when determining support. |
| Mississippi |
Code §§ 43-19-101 |
The flat percentage model calculates support based on net income. |
| Missouri |
Child Support Guidelines |
Support is calculated through the Income Shares Formula using gross income. |
| Montana |
Title 37, Chapter 62, Subchapter 1 |
The Melson Formula determines support based on net income under state administrative rules. |
| Nebraska |
§§ 4-201 to 4-220 |
Court-rule guidelines calculate support using the Income Shares Formula and net income. |
| Nevada |
Child Support Guidelines |
A percentage is applied to the obligor's gross income, decreasing as income increases. |
| New Hampshire |
Chapter 458-C |
Statutory guidelines determine support through an income-share model based on net income. |
| New Jersey |
Child Support Guidelines |
Court rules calculate support through an income-share model using net income. |
| New Mexico |
Child Support Guidelines |
Support is calculated through the Income Shares Model using gross income. |
| New York |
Child Support Guidelines |
A variant of the Income Shares Model called the Income Shares Chart calculates support based on net income. |
| North Carolina |
Child Support Guidelines |
Gross income is used to calculate support through the Income Shares Model. |
| North Dakota |
Chapter 75-02-04.1 |
Support is determined as a percentage of the obligor's income. |
| Ohio |
Rev. Code §§ 3119.01 |
Net income is used to calculate support, which ends at 18 or high school graduation. |
| Oklahoma |
Child Support Guidelines |
Obligations end at 18, or up to 20 if the child is still in high school. |
| Oregon |
Chapter 37 Division 50 |
Gross income is used to calculate support through the Income Shares Formula. |
| Pennsylvania |
Chapter 1910. Actions for Support |
Support may continue past 18 for children with certain physical, emotional, or disability-related needs. |
| Rhode Island |
Admin Order 2017-01 |
Potential income may be considered if a parent is voluntarily unemployed or underemployed. |
| South Carolina |
Child Support Guidelines |
Child support amounts are calculated through the Income Shares Model. |
| South Dakota |
Chapters 25-27 |
No specific explanation was provided in the guidelines description section. |
| Tennessee |
Chapter 1240-2-4 |
Support continues until the child turns 18 or graduates from high school. |
| Texas |
Title 5, Chapter 154, Subchapter A |
Support is based on the noncustodial parent's net income and ends at 18 or high school graduation. |
| Utah |
Code 78B-12-202 |
Gross income is used for calculations, and courts may extend support to age 21 in divorce cases. |
| Vermont |
Title 15, Chapter 11, Subchapter 3A |
Child support amounts are determined through the Income Shares Model. |
| Virginia |
Code § 20-108.2. |
Support continues until the child turns 19 or graduates from high school. |
| Washington |
Chapter 74.20A RCW |
The Income Shares Model is used to calculate child support amounts. |
| West Virginia |
Code §48-13 |
Support may extend to age 20 for secondary school, and courts may grant college tuition support. |
| Wisconsin |
Child Support Laws |
Guidelines calculate support as a percentage of the obligor's income. |
| Wyoming |
Code §20-2-3 |
Child support amounts are calculated through the Income Shares Model. |
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.
Start your Divorce Agreement now
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
FAQs
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Child support payments in the U.S. typically range from $402 to $1200, with an average of $480. The amount is primarily calculated based on the gross incomes of both parents after deductions like health care premiums.
Additional income sources such as commissions, social security benefits, and bonuses are also considered. Generally, the higher-earning parent pays more, even in joint custody situations. Courts factor in not just basic necessities but also reasonable needs like education, entertainment, and extracurricular activities to ensure the child's overall well-being.
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Child support and alimony differ in purpose: alimony supports the living standards of a former spouse, while child support ensures the child's well-being. Courts do not monitor how child support is spent, which can lead to perceptions of it being like alimony.
The Federal Child Support Enactment Act mandates guidelines for determining payments, with states using models like the Income Shares Model, Percentage of Income Model, and Melson Formula to calculate amounts based on parental income and needs.