In the USA, child support is determined by state law. The goal of these laws is to ensure that children have the resources they need to grow up happy and healthy.
Most states use a formula to determine the amount of child support that parents should pay. This formula is based on the income of both parties and other costs involved with raising a child.
The Custodial Parent
The custodial parent is the person who has physical custody of a child as a result of a court order. They have the right to make important decisions concerning their child’s education, morality, religious training, discipline, and medical care.
Unlike noncustodial parents, the custodial parent can claim their child as a dependent on their yearly tax returns. This has an impact on their finances, as they are able to claim expenses such as health insurance, tuition and travel.
A custodial parent can also have contact or visitation rights with their child. This can involve seeing the child physically or through video calls. It can be set up for a standing weekend or two each month, along with certain holidays. This can be a great way to stay connected with your child and help them feel close to you. But it is best to have a solid schedule that both you and the other parent agree to.
The Non-Custodial Parent
The non-custodial parent (or NCP) is the parent with whom the child lives less than half of the time. This is usually the case after a divorce, separation or custody dispute.
A NCP has a legal responsibility to provide financial support for their child, in the form of court-ordered child support. This can include paying for medical coverage, food, clothing, shelter and other needs.
Generally, child support is calculated based on the combined incomes of both parents and the number of children. It also includes additional costs, known as “add-ons,” such as daycare and health insurance for the child while the custodial parent works or attends school.
There are some things that a non-custodial parent can do to reduce their child support payments. These can include job training, counseling, employment services and judicial access.
The Court
The court is responsible for determining the amount of child support each parent should pay. It does this based on their income and expenses.
Each state has its own child support guidelines that are used by the court. These guidelines are based on the parents’ income and expenses, and the court will decide how much each parent should pay based on the best interests of the child or children.
A hearing takes place where each parent can present their case. They can also bring evidence and witnesses to testify on their behalf.
The courts have the authority to order withholding of income from a parent’s paycheck, and they can also garnish bank accounts, insurance settlements, and lottery winnings. In addition, they can report the names of parents who owe child support to credit reporting agencies and pursue actions for contempt of court.
Enforcement
When it comes to child support, there are a number of ways to enforce an order. This includes wage garnishment, which can require employers to deduct money from an obligor’s paycheck and send it to the state’s child support agency (CSS).
In some states, CSS may be able to freeze an obligor’s bank account. When this happens, the obligor can’t use their account until they’ve paid off the debt.
This enforcement tool is often used to catch non-paying obligors who are trying to avoid paying their child support obligations. The federal government can also revoke an obligor’s passport and arrest them when they try to re-enter the United States.
While the nation’s child support system has been in place since 1975, it has struggled to keep up with changes in the social, economic and demographic landscape. Policymakers must work to leave punitive enforcement efforts in the past and give children what they’re owed before another generation is forced to grow up in poverty.