by Robin Tidwell

Created on: May 08, 2008   Last Updated: May 12, 2008

Child support issues are fraught with emotions, financial considerations, and mental stumbling blocks. Every state, every jurisdiction, has different rules and regulations and calculations. Many states use a certain form to include both parents' income and expenses, and figure a set amount that it theoretically costs to raise a child. Many other states use a percentage of the gross income of the noncustodial parent, and still others determine the amount based on net income.

Often, parents who are divorcing or those who were never married may come to a child support amount on their own; this usually requires a court date, and a judge's signature, to become valid and enforceable. However, parents who are splitting up may not initially be able to come to terms themselves.

Child support is a requirement, not a suggestion. Any and all parents are legally required to financially support their children. There is no excuse for a custodial parent to accept an arrangement whereby the noncustodial parent is uninvolved. The child is entitled to be supported by both parents; if a custodial parent does not wish to receive support, they can hold it for the child when he reaches the age of majority. At some point, later circumstances may dictate the necessity of that support.

Contrary to popular belief, visitation or lack thereof is not a basis for receiving support or withholding it; overnight "parenting time" may cause a reduction in support for the custodial parent, but it is unlawful to deny time with the other parent due to arrears or late payments.

It is recommended that child support payments be coordinated by the state. Usually the state of residence will collect payments and disburse them, and this can avoid delays in receipt as well as provide an accurate accounting. It also can alleviate the necessity of further communication by the estranged parents. Sometimes, however, the state can make mistakes and they often take months or years to correct those; this can adversely affect both parents.

Most jurisdictions have methods of collecting support, both current and past due. Many states have severe penalties for the non-paying parent which can range from garnishment to loss of professional licenses to jail time. Tax refunds and stimulus payments are also subject to interception. Judges do not look favorably on parents who do not support their children financially, regardless of reason or excuse.

Often child support obligations extend past a child's 18th birthday, if that child is attending college; each divorce decree involving children will state the particular situation and judgment. Child support can also be ordered retroactively, if a custodial parent has been unable to file a motion previously.

One of the most comprehensive websites to find state-specific information is www.deltabravo.net. This site also includes links to common questions, sample letters and motions, calculators, and local attorneys. Any parent, custodial or non-custodial, should consult an attorney prior to engaging in any child support issues. A good attorney will be knowledgeable, communicate well and in a timely fashion, and willing to fight for his client. Most offer a free initial consultation.

Money and child-rearing are both highly volatile topics, and a parent must protect himself as well as his children. The most reasonable requests in family court can often turn ugly and abusive, and one must certainly be prepared and well-represented at least until the child becomes an adult.

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