What is child support?

"Child support" is the money that a parent pays to help support a child that does not live with them. The child might live with the other parent, or might live with someone else. Every child has a right to be supported by both parents.

In child support proceedings, the parent or person the child lives with is called the "custodial parent" or "obligee." The "non-custodial" parent or "obligor" is the parent that the child does not primarily (mainly) live with. The non-custodial parent supports the child by paying a certain amount of money to the custodial parent every month. Child support can also include payments for part of childcare and medical insurance and medical costs not covered by insurance.

How do I get child support?

A parent, a custodian or the county must bring some type of legal action to get an order for child support. A Judge or Magistrate can order child support in cases of: 

• divorce

• paternity action

• domestic abuse proceeding

• child custody action

There can also be an action for just child support. Most people need the help of an attorney or the local child support agency to start the legal action to get a child support order. Your local child support office can help you get a child support order. 

Do I have to be the child's parent to get child support?

No. For example, grandparents raising their grandchildren may get child support from the parents. 

How much does child support pay?

Every state uses guidelines to help set the amount of child support. The guidelines look at things like how many children are being supported and gross monthly income. Gross income is your total income before taxes are taken out. Child support is usually set at the guideline amount. But a Judge or Magistrate can set child support above or below the guideline amount if there are special circumstances. For example, child support may be set above the guidelines if the child has special health or education needs. It may be set below the guidelines if paying the set amount of child support would be too hard for the person paying child support. 

What Income Is Counted?

Generally, income is not limited to wages from working. Many states will also count the following as income that can be used to pay child support:

• unemployment compensation

• self-employment income

• commissions and bonuses

• some disability payments

• pension payments

• other periodic payments like rental income or interest income

Generally, public assistance and income from a second job are not counted as income when setting child support. Overtime can sometimes be counted. The income of a parent's new spouse cannot be counted.

What If A Parent Does Not Have Any Income?

Sometimes parents are not able to work because they are chemically dependent, mentally ill or disabled in some other way. In those cases, parents are not ordered to pay child support unless they have other income. The disabled parent has to provide medical records and other information to prove they cannot work.

Sometimes, parents quit their jobs or take a job that pays less so they do not have to pay child support. These parents will be ordered to pay child support based on what they could earn, this is called Potential Income.

What If A Parent Has Other Children?

The children of one, but not both, parents in a child support case are called "non-joint children." Non-joint children can affect the amount of payment in a new child support case. Sometimes non-joint children live with the parent who is going through a child support case. Sometimes the non-joint child lives in a different house.

If a parent has a child support order to pay child support for a "non-joint" child who lives in a different house, the amount of the child support order is deducted from the parent's gross monthly income when figuring out child support for the new case.

If a non-joint child is living in the house with the parent going through a new child support case, a non-joint child deduction is given to that parent. The amount of the deduction is figured out by the court. Each parent may get a non-joint child deduction for up to 2 non-joint children. This deduction lowers the parent's gross monthly income when figuring out child support in the new case. 

Does child support include health insurance and medical coverage?

In a perfect world, every child would have health insurance and every parent would be able to afford health care for the child. To reach this goal, state law says that every child support order must deal with the issue of medical support.

Medical support means providing medical and dental insurance for the child, if possible. Medical support also means the parents split medical and dental costs for the child when insurance does not cover it. Both the custodial and the non-custodial parent can be ordered to provide medical support.

Who insures the child?

If both parents can get medical and dental insurance at a group rate through work or a union, the Judge or Magistrate will order the parent with better coverage to insure the child. If only one parent has insurance, the Judge or Magistrate will order that parent to insure the child. But the cost of the insurance will be split between the parents. The amount each has to pay is based on their incomes.

ESTABLISHING CHILD SUPPORT

You can apply to your local child support office for help with child support even if you do not get public assistance. The child support office must help you:

• get a court order for 

• legally name the father of your children, if you were not married when they were born

• locate the parent who should be paying support

• collect child support or take action against parents who refuse to pay

• change the child support order

The most important thing to remember about child support is that EVERY STATE HAS UNIQUE LAWS. The best way to find out what you are entitled to receive and how to start the collection process is to check with your local department of social services.

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