Child support is a regular payment from one parent to the other to help cover a child's needs. Every state uses its own guidelines to calculate it, and a court order makes it legally enforceable.
How amounts are calculated
States use formulas that generally consider each parent's income, the amount of time the child spends with each parent and certain costs such as health insurance and child care. Formulas differ, so the same facts can produce different results in different states. Most states publish an online calculator.
Getting an order
- Child support can be set in a divorce, a custody case or a separate case opened with the state child support agency.
- Parents who were never married may first need to establish paternity.
- State agencies can help locate parents, establish orders and enforce them, often for a small or no fee.
Changing an order
Support can usually be modified if there is a significant change in circumstances, such as a job loss, a major change in income or a change in custody. Until the court approves a change, the existing order stays in force, and unpaid amounts generally continue to build up.
If payments are missed
States have strong tools, including wage withholding, tax refund intercepts, license suspension and, in serious cases, contempt of court. Parents who cannot pay should ask the court to modify the order promptly instead of simply stopping payment.
Frequently asked questions
Can parents agree on a different amount?
They can propose one, but the court usually must approve it to ensure it is in the child's interest.
Until what age is support paid?
Commonly until 18 or high school graduation, though some states extend it, and the age varies.