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Another way to prevent getting this page in the future is to use Privacy Pass. Check out the browser extension in the Firefox Add-ons Store. Jump to navigation Jump to search This article is about payments made for the benefit of a child. For payments for the benefit of a former spouse, see alimony. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. The right to child support and the responsibilities of parents to provide such support have been internationally recognized.
Child support is based on the policy that both parents are obliged to financially support their children, even when the children are not living with both parents. Child support includes the financial support of children and not other forms of support, such as emotional support, intellectual support, physical care, or spiritual support. When children live with both parents, courts rarely, if ever direct the parents how to provide financial support for their children. However, when the parents are not together, courts often order one parent to pay the other an amount set as financial support of the child. Child support may be ordered to be paid by one parent to another when one is a non-custodial parent and the other is a custodial parent. Child support paid by a non-custodial parent or obligor, does not absolve the obligor of the responsibility for costs associated with their child staying with the obligor in their home during visitation. Canadian courts differ in that the “Divorce Act” sets out in detail, the financial responsibilities of the “Non-Custodial” parent whilst the “Custodial” parent’s responsibilities are not mentioned. Consequently, Canadian courts limit themselves to dividing the “Non-Custodial” parents income and providing it to the “Custodial” parent.
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While the issues of child support and visitation or contact may be decided in the same divorce or paternity settlement, in most jurisdictions the two rights and obligations are completely separate and individually enforceable. Custodial parents may not withhold contact to “punish” a noncustodial parent for failing to pay some or all child support required. Additionally, a non-custodial parent is responsible for child support payments even if they do not wish to have a relationship with the child. Courts have maintained that a child’s right to financial support from parents supersedes an adult’s wish not to assume a parenting role.
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While child support and contact are separate issues, in some jurisdictions, the latter may influence the former. In the United Kingdom, for example, the amount of support ordered may be reduced based on the number of nights per week the child regularly spends at the support giving parent’s home. Most international and national child support regulations recognize that every parent has an obligation to support his or her child. Support moneys collected are often assumed to be used for the child’s expenses, such as food, clothing, and ordinary educational needs, but that is not required.
Under California law, for example, child support money may be used to “improve the standard of living of the custodial household” and the recipient does not have to account for how the money is spent. Child support orders may earmark funds for specific items for the child, such as school fees, day care, and medical expenses. In some cases, obligors parents may pay for these items directly. For example, they may pay tuition fees directly to their child’s school, rather than remitting money for the tuition to the obligee. Many American universities also consider non-custodial parents partially responsible for paying college costs, and will consider parents’ income in their financial aid determinations.
In certain states, non-custodial parents may be ordered by the court to assist with these expenses. Canadian Universities all have different standards but essentially mimic the provincial standards required for student loan eligibility. In the United States, obligors may receive a medical order that requires them to add their children to their health insurance plans. Accountability regulations for child support money vary by country and state. In some jurisdictions, such as Australia, child support recipients are trusted to use support payments in the best interest of the child, and thus are not required to provide details on specific purchases. Child support laws and regulations vary around the world. A major impetus to collection of child support in many places is recovery of welfare expenditure.
A resident or custodial parent receiving public assistance, as in the United States, is required to assign his or her right to child support to the Department of Welfare before cash assistance is received. In divorce cases, child support payments may be determined as part of the divorce settlement, along with other issues, such as alimony, custody and visitation. In other cases, there are several steps that must be undertaken to receive court-ordered child support. While procedures vary by jurisdiction, the process of filing a motion for court ordered child support typically has several basic steps. One parent, or his or her attorney, must appear at the local magistrate or courthouse to file an application or complaint for the establishment of child support. The summons informs the other parent that they are being sued for child support.
Once served, the other parent must attend a mandatory court hearing to determine if they are responsible for child support payments. In cases where parentage of a child is denied, has not been established by marriage or is not listed on the birth certificate, or where paternity fraud is suspected, courts may order or require establishment of paternity. Various approaches to calculating the amount of child support award payments exist. Many jurisdictions consider multiple sources of information when determining support, taking into account the income of the parents, the number and ages of children living in the home, basic living expenses and school fees. Guidelines for support orders may be based on laws that require obligors to pay a flat percentage of their annual income toward their children’s expenses. In the United Kingdom, for instance, there are four basic rates of child support based on the obligors’ income, which are then modified and adjusted based on several factors. If tables are used in the guidelines those tables are computed by economists such as Policy Studies, Inc.
They examine spending patterns of couples without children and couples with children in the consumer expenditure survey. Once established, child support orders typically remain static unless otherwise reviewed. Although both parents have the right to petition the court for a support order adjustment, modifications are not automatic, and a judge may decide not to alter the amount of support after hearing the facts of the case. That is to say, simply because an obligors’s income has decreased, a court may find that the decrease in income is of no fault of the child, and will not decrease the child’s expenses, and therefore should not affect him or her financially. Child support payments are distributed in a variety of ways. In cases where an obligor is liable for specific expenses such as school tuition, they may pay them directly instead of through the obligee. The first payee for child support depends on the current welfare status of the payee.