Child Il In Law Support
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Child Il In Law Support
Main article: Child support
The law governing child support in the United States varies state-by-state and tribe-by-tribe; each individual state and federally recognized American Indian tribe is responsible for developing its own guidelines for determining child support.
In United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an ( "obligor" or paying parent) to an ( "obligee" or receiving party) for the financial care and support of children of a relationship or marriage that has been terminated, or in some cases never existed. Oftentimes, but not always, the obligor is a non-custodial parent. Oftentimes, but not always, the obligee is a custodial parent, caregiver or guardian, or the government. In the U.S., there is no gender requirement to child support, for example, a father may pay a mother or a mother may pay a father. Depending on the jurisdiction, a non-custodial parent may pay child support to a custodial parent, or a custodial parent may pay child support to a non-custodial parent. In addition, where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, thus a custodial parent (obligor) will be required to pay the other custodial parent (obligee).
In United States, there is an over-arching Federal Government framework. The child support program is the responsibility of the Administration for Children and Families in the Department of Health and Human Services. Federal IV-D Regulations require uniform application of the child support guidelines throughout a state, but each state can determine its own method of calculating support. At a minimum, 45 C.F.R. 302.56 requires each state to establish and publish a Guideline that is presumptively (but rebuttably) correct, and Review the Guideline, at a minimum, every four (4) years. Most states have therefore adopted their own "Child Support Guidelines Worksheet" which local courts and state Child Support Enforcement Offices use for determining the "standard calculation" of child support in that state. Courts may choose to deviate from this standard calculation in any particular case.
Jurisdictions
Federal
42 USC §§ 666, 667
Office of Child Support Enforcement
Alabama
Alabama Child Support Guidelines
Alabama Division of Child Support Enforcement
Alaska
Alaska Civil Rule 90.3
Alaska Division of Child Support Enforcement
Arizona
Arizona Child Support Guidelines
Arizona Division of Child Support Enforcement
Arkansas
Arkansas Administrative Order of the Supreme Court No. 10
Arkansas Division of Child Support Enforcement
California
California Family Code §§ 4050-4076
California Child Support Enforcement Unit
Colorado
Colorado Rev. Stat. §§ 14-10-115 et seq.
Colorado Division of Child Support Enforcement
Connecticut
Ct. Child Support Guidelines Booklet
Connecticut Bureau of Child Support Enforcement
Delaware
Delaware Child Support Guidelines
Delaware Division of Child Support Enforcement
District of Columbia
D.C. Code Ann. § 16-916.1
D.C. Child Support Enforcement Division
Florida
Florida Child Support Guidelines
Florida Child Support Enforcement Program
Georgia
Georgia Child Support Guidelines
Georgia Office of Child Support Services
Hawaii
Hawaii Child Support Guidelines
Hawaii Child Support Enforcement Agency
Idaho
Idaho R. Civ. Pro. 6(c)(6)
Idaho Child Support Services
Illinois
750 Illinois Child Support Guidelines
Illinois Child Support Enforcement
Indiana
Indiana Child Support Guidelines
Indiana Child Support Enforcement
Iowa
Iowa Child Support Guidelines
Iowa Department of Human Services
Kansas
Kansas Child Support Guidelines
Kansas Child Support Enforcement
Kentucky
Kentucky Rev. Stat. §§ 403-210 to -213
Kentucky Division of Child Support Enforcement
Louisiana
Louisiana Rev. Stat. 9:315.1 et seq.
Louisiana Support Enforcement Services, Office of Family Support
Louisiana's child support legislation is based on the Income Shares model developed by Policy Studies Inc. (PSI) . Since 1991 PSI has been providing "full service" private child support collection service, and is currently the leading provider of child support services in the U.S., operating more than 25 full-service offices throughout the nation.
Basic Child Support Tables
Each country sets its own rates for child support. Given that most states now take both parents income, the number of days children spend with each parent, and other factors such as the number of tax exemptions for children each parent is entitled to take, an algorithm is used to develop the tables in most states, rather than a simple formula.
Self Support Reserve
The tables include the concept of a Self Support Reserve (SSR). The SSR is meant to ensure that the paying parent has sufficient money to live on at federal poverty level. As of 2007, the SSR amount in Louisiana is $551/month gross income. In 2000, PSI recommended increasing the SSR to $687 gross income/month. In 2005, PSI recommended increasing the SSR to $748 gross income/month. These proposed amounts were set based on 85% of Federal Poverty guidelines for a single person.
Work Incentive
The two methods for child support put an inherent conflict into the tables. To obtain a smooth transition between the SSR amount and the percentage amounts, PSI fit a straight line between the two amounts.
To ensure that the paying parent had an incentive to earn more money, they built in a work incentive. The tables allow the paying parent to keep 10% of the net increase for one child; 9% for two; 8% for three; 7% for four; 6% for five; and 5% for six or more children.
Minimum support obligation
A minimum support order of $100/month was required regardless of circumstances.
Additions to the basic obligation
The court can increase the basic obligation to allow for 1) Net Child Care costs; 2) Health Insurance; 3) Extraordinary medical expenses; 4) and Extraordinary Expenses.
Careless or abusive application of these provisions by the courts can result in support orders that exceed the maximum garnishable amount (50% of net income or minimum wage times 30 hours) by state law.
Unemployment and underemployment
State law allows for the state to refuse to lower child support orders if a party becomes unemployed or underemployed for any reason.
The state considers going to jail a voluntary act and continues awards unabated on the incarcerated.
Maine
Maine Rev. Stat. Ann. tit. 19-A, §§ 2001-2010
Maine Division of Support Enforcement & Recovery
Maryland
Maryland Fam. Law Code Ann. §§ 12-201 et seq.
Maryland Child Support Enforcement Administration
Massachusetts
Massachusetts Child Support Guidelines
Massachusetts Dep't of Revenue, Child Support Enforcement Division
Michigan
Michigan Child Support Formula
Michigan Family Independence Agency
Minnesota
Minn. Stat. Ann. §§ 518.551 et seq.
Minnesota Child Support Enforcement Division Minnesota Worksheets
Mississippi
Miss. Code §§ 43-19-101 et seq.
Mississippi Division of Child Support Enforcement
Missouri
Missouri Child Support Guidelines
Missouri Child Support Enforcement
Montana
Montana Child Support Guidelines
Montana Division of Child Support Enforcement
Nebraska
Nebraska Child Support Guidelines
Nebraska Child Support Enforcement Office
Nevada
Nev. Rev. Stat. §§ 125B.070 to -.080
Nevada Office of Child Support Enforcement
New Hampshire
N.H. Rev. Stat. §§ 458-C:1 to -:7
New Hampshire Division of Child Support Services
New Jersey
New Jersey Rules of Court Appendix IX
New Jersey Office of Child Support Enforcement
New Mexico
N.M. Stat. §§ 40-4-11.1 to -11.6
New Mexico Child Support Enforcement Division
New York
N.Y. Dom. Rel. Law. § 240(1-b)
New York Division of Child Support Enforcement
North Carolina
North Carolina Child Support Guidelines
North Carolina Child Support Enforcement
Illinois child support and divorce
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