by Pancho Villa

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

Just the mention of child support conjures up images of lawyers, judges, and endless legal expenses. Nevertheless, of all the considerations in a divorce none equals the importance of determining the correct amount of child support.

Some divorcing couples come to an agreement on child support. It is always best to seek legal advice from an attorney before entering into such an arrangement. For those that do not agree, a court must determine the amount to be paid. Most jurisdictions have a formula that the court applies. Some Judges consider one third of the paying parent's gross income plus an additional $150.00 to $200.00 for each additional child per month as a minimum.

The amount to be paid is not clearly stated in child support laws. The law simply states the child must be maintained in the style to which it is accustomed. It is this vague pronouncement in the law that leaves parents and some Judges pondering the amount of child support to award.

Once the amount of child support has been determined, by agreement or court order, there arises the question of collection and enforcement. Many resources exist to facilitate the collection of child support. The parents may agree between themselves and have the non-custodial parent authorize a bank transfer once a month. Alternatively, the child support-paying parent may send the payments by other means. The court may order the paying parent to send the payments to the court and the court will forward the payments to the custodial parent. Some states require that payments be sent to the Child Support Enforcement Agency for that state if the custodial parent is receiving public assistance.

If the child support agreement is in default, the custodial parent may attempt collection by several processes. The first is to speak with the parent in default. If this does not resolve the problem then the next step would be to retain a professional (i.e. lawyer, child support enforcement agency, etc.).

Most states have authorized the State Attorney General to enforce child support payments. The Child Support Enforcement Division of the State Attorney General's Office has numerous tools at its disposal to encourage compliance with child support orders.

The office of the Attorney General may bring a civil suite in state court for the collection of child support owed. The Attorney General's office has the power to suspend any license issued by the state to the parent in default, including driver's licenses. In extreme cases, the

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