What is Child Support? – A Closer Look At The Family Law System

When it comes to the family law system, child support is one of the most important issues that must be addressed. Child support is an ongoing financial obligation of one parent to the other, which is intended to assist in the raising of any children resulting from a family law action. It can be ordered in a variety of ways, including as a payment plan to help cover basic needs of the child, such as food, shelter and clothing.

The Purpose of Child Support

The primary purpose of child support is to ensure that a child’s basic needs are met. This includes the payment of food, clothing, shelter, healthcare, and educational expenses. It is typically the responsibility of the non-custodial parent (the parent who does not have physical custody of the child) to make these payments.

When a parent does not make timely or sufficient payments to cover the child’s needs, the state may be able to provide financial assistance. This assistance is typically provided through a Child Support Enforcement Agency and is in addition to any payments made by the non-custodial parent.

Who Pays Child Support?

In most cases, the primary responsibility of making child support payments falls on the non-custodial parent. This parent is typically the legal parent who does not live with the child and is not given physical custody by the court.

However, in some cases, the parents may sign an agreement that states that both will be responsible for the payment of the child support. This can be done if the parents agree that it is in the best interest of the child to split financial responsibility.

In some cases, a family member (other than the non-custodial parent) may also be required to make payments if the court finds that their assistance is necessary in order to ensure that the child’s needs are met.

Calculating Child Support Obligations

When determining a child support obligation, the courts typically refer to the guidelines set forth by the particular state’s child support laws. These guidelines are designed to ensure that the child’s needs are met, while also taking into consideration the primary custodian’s (the parent with physical custody) ability to pay.

In most cases, the guidelines will provide a set percentage of the non-custodian’s income that must be paid towards child support. Additional considerations, such as the cost of health insurance, childcare, and educational costs, may also be factored into the court’s ruling.

Enforcing Child Support Orders

It is important to note that once a parent agrees to a child support payment plan or a court issues an order for the payment of child support, the payment plan is legallybinding. If the non-custodial parent fails to make timely payments, or fails to make adequate payments, the custodial parent may be able to pursue legal action. This can result in serious penalties, including loss of wages, fines, and even jail time.

Conclusion

Child support is an important part of the family law system and is designed to ensure that the child’s basic needs are met. In most cases, the non-custodial parent will be responsible for making these payments, but in some cases, both parents may be obligated to make payments. It is important for parents to understand their legal obligations concerning child support, and for the custodial parent to know how to enforce a court order or agreement as necessary.