In civil law and social policy, child support is a periodic, financial payment made by a non-custodial parent to a custodial parent following the termination of a marriage or relationship. The amount of child support generally varies with each state, although the federal government sets the standard amount for child support orders in a given year. However, child support legislation has been amended several times over the years to better enforce today's child support guidelines. While it is not uncommon to see that parents who do not pay child support may be subject to criminal charges, many states still uphold the practice.
Child support laws are designed to ensure that children of divorced or separated parents receive fair financial support from both parents. The court must determine what amount of financial support is appropriate based on many different factors such as the income of each parent and the child's expenses at the time of the separation or divorce. Parents may also be ordered to provide their children with certain allowances based on their incomes. The court can order child support even if one or both parents refuse to contribute money to the support. Child support orders are often necessary when one parent has filed bankruptcy or is unemployed.
The first step in receiving child support payments is determining the amount that you must pay. If you are paying child support, you must first obtain an accounting of how much money you have to pay. This means obtaining a check stub or some other form of documentation. The noncustodial parent should then remit the appropriate amount of child support to the custodial parent. The noncustodial parent may also choose to make adjustments to his/her obligations regarding child support each sostegno infanzia.
In addition to reporting child support payments to the Office of Support Enforcement, many parents also decide to work with the court system to make sure they are meeting their obligations regarding child support. Some parents turn in financial information to the Office of Support Enforcement. Others have their financial information investigated by an outside agency. In either case, the custodial parent should continue to pay child support unless new information becomes available that indicates the noncustodial parent is not meeting child support obligations. The noncustodial parent may also choose to stop paying child support.
Child support is established by federal law. It differs from state to state in that it does not need to be repaid. However, if a child support order is established and payments are missed, the noncustodial parent may be ordered to repay some or all of the child support payments. Even if payments are completed on time, a judge can issue an additional child support payment to the other parent, who must follow the directions of the court in order to repay the payment.
The Office of Support Enforcement will also pursue collection actions against the non-paying parent. If a parent stops paying child support, the Office of Support Enforcement will work with state agencies to recover the payments from the individual. A court may issue an order requiring the parent to repay child support payments. Additionally, a court may order child support arrears, stating that the parent has not made required payments and will issue an order setting up a hearing.
A child support payment can be garnished. This means that the wage earner can be forced to repay a portion of the child support payments. There are many exceptions to this rule, including situations where one parent has physical custody of the child. In those cases, only one parent may garnish the other parent's wages.
There are a number of ways that child support can be garnished. If the parent collects alimony, the garnishment may occur if the alimony amount is not paid on a timely basis. If the parent collects child support payments, then the child support payments can be garnished. Another way to garnish is through a legal process in which the child support payments are sent to the applicable agency. In some cases, a collection company may obtain a child support enforcement order directly from the court.
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