Child support ensures that children receive financial support from both parents regardless of which parent has primary custody. Courts order non-custodial parents to make regular payments toward children's expenses, with calculation formulas and enforcement mechanisms established by state law. Understanding how child support works helps both paying and receiving parents navigate their obligations and rights.
The Purpose of Child Support
Child support exists to maintain children's standard of living by requiring both parents to contribute financially based on their means. The obligation belongs to parents, not children, meaning parents cannot agree to waive support because the right belongs to the child. Courts will not approve agreements eliminating child support even when parents prefer such arrangements.
Support covers ordinary expenses of raising children including housing, food, clothing, healthcare, education, and activities. Beyond basic needs, support aims to provide children opportunities similar to what they would have had in an intact family, though practical limitations apply.
How Support Is Calculated
States use either income shares or percentage of income models to calculate support. Income shares models determine total support needs based on combined parental income, then allocate shares based on each parent's percentage contribution. Percentage models apply a fixed percentage to the non-custodial parent's income. Either way, calculations start with parental income and adjust for various factors.
Relevant income includes wages, salaries, commissions, bonuses, self-employment income, and often other sources like investment returns, rental income, and benefits. Courts may impute income to voluntarily unemployed or underemployed parents based on earning capacity rather than actual earnings, preventing parents from avoiding support by reducing income intentionally.
Factors Affecting Support Amounts
Beyond basic income calculations, various factors adjust support amounts. The number of children affects totals, typically with diminishing increases per additional child. Healthcare premium costs and childcare expenses often add to basic support calculations. Educational expenses, extracurricular activities, and special needs may warrant adjustments.
Shared parenting time reduces support in many states' formulas because the non-custodial parent directly covers costs during their time with children. The precise impact depends on state rules and the specific time-sharing arrangement. Overnight thresholds often trigger adjustments when non-custodial parents have children for substantial periods.
Enforcing Support Orders
Child support enforcement has become increasingly effective through wage garnishment, tax refund interception, license suspensions, and other measures. When paying parents fall behind, enforcement agencies can take aggressive collection action. Contempt of court proceedings can result in jail time for willful nonpayment.
Interstate enforcement allows collection across state lines through the Uniform Interstate Family Support Act. Parents cannot escape support obligations by moving to different states. Child support agencies coordinate across jurisdictions to locate parents and enforce orders wherever they live.
Duration of Support
Child support typically continues until children reach adulthood, usually 18 or high school graduation. Some states extend support through college or for disabled children who cannot become self-supporting. Support obligations end when children become emancipated through marriage, military service, or other legal events establishing independence.