CHILD SUPPORT

In family law and government policy, child support or child maintenance is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent to a custodial parent, caregiver or guardian, or the government, for the care and support of children of a relationship or marriage that has been terminated. In family law, child support is often arranged as part of a divorce, marital separation, dissolution, annulment, determination of parentage or dissolution of a civil union and may supplement alimony (spousal support) arrangements.

Legal theory
Child support is based on the policy that both parents are obligated to support their children, even when the children are not living with both biological parents. Though courts typically permit visitation rights to non-custodial parents, in such separations one parent is often awarded custody and the role of primary caregiver. In such cases, the other parent still remains obligated to pay a proportion of the costs involved in raising the child. Child support may also be ordered to be paid by one parent to another when both parents are custodial parents and they share the child raising responsibilities. In rare cases, a parent with sole custody of his or her children may be ordered to pay child support to the noncustodial parent to support the children while they are in the care of that parent.

In most jurisdictions there is no need for the parents to be married, and only paternity and/or maternity (filiation) need to be demonstrated for a child support obligation to be found by a competent court. Child support may also operate through the principle of estoppel where a de facto parent that is in loco parentis for a sufficient time to establish a permanent parental relationship with the child or children.

Child support vs. contact
While the issues of child support and visitation or contact may be decided in the same divorce or paternity settlement, in most jurisdictions the two rights and obligations are completely separate and individually enforceable. Custodial parents may not withhold contact to "punish" a noncustodial parent for failing to pay some or all child support required. Conversely, a noncustodial parent is required to pay child support even if he or she is partially or fully denied contact with the child.

Additionally, a non-custodial parent is responsible for child support payments even if he or she does not wish to have a relationship with his or her child. Courts have maintained that a child's right to financial support from parents supersedes an adult's wish not to assume a parenting role.

While child support and contact are separate issues, in some jurisdictions, the latter may influence the former. In the United Kingdom, for example, the amount of support ordered may be reduced based on the number of nights per week the child regularly spends at the non-custodial parent's home.

Use of child support payments
All international and national child support regulations recognize that every parent has an obligation to support his or her child. Therefore, the custodial and non-custodial parents are required to share the responsibility for their child(ren)'s expenses.

Support monies collected are expected to be used for the child's expenses, including food, shelter, clothing and educational needs. They are not meant to function as "spending money" for the child. Courts have held that it is acceptable for child support payments to be used to indirectly benefit the custodial parent. For example, child support monies may be used to heat the child's residence, even if this means that other people also benefit from living in a heated home.

Child support orders may earmark funds for specific items for the child, such as school fees, day care or medical expenses. In some cases, non-custodial parents may pay for these items directly. For example, they may pay tuition fees directly to their child's school, rather than remitting money for the tuition to the custodial parent. Orders may also require each parent to assume a percentage of expenses for various needs. For instance, in the U.S. state of Massachusetts, custodial parents are required to pay for the first $100 of annual uninsured medical costs incurred by each child. Only then will the courts consider authorizing child-support money from a non-custodial parent to be used for said costs.

Many American universities also consider non-custodial parents to be partially responsible for paying college costs, and will consider their income in their financial aid determinations. In certain states, non-custodial parents may be ordered by the court to assist with these expenses.

In the United States, non-custodial parents may receive a medical order that requires them to add their children to their health insurance plans. In some states both parents are responsible for providing medical insurance for the child/children. If both parents possess health coverage, the child may be added to the more beneficial plan, or use one to supplement the other.[38] Children of active or retired members of the U.S. armed forces are also eligible for health coverage as military dependents, and may be enrolled in the DEERS program at no cost to the non-custodial parent.

Accountability regulations for child support money vary by country and state. In some jurisdictions, such as Australia and custodial parents are trusted to use support payments in the best interest of the child, and thus are not required to provide details on specific purchases. In other jurisdictions, a custodial parent might legally be required to give specific details on how child support money is spent at the request of the court or the non-custodial parent. In the United States, 10 states (Colorado, Delaware, Florida, Indiana, Louisiana, Missouri, Nebraska, Oklahoma, Oregon, and Washington) allow courts to demand an accounting on expenses and spending from custodial parents. Additionally, Alabama courts have authorized such accounting under certain specific circumstances.

Calculating Child Support
Various approaches to calculating the amount of child support award payments exist. Many jurisdictions consider multiple sources of information when determining support, taking into account the income of the parents, the number and ages of children living in the home, basic living expenses and school fees. If the child has special needs, such as treatment for a serious illness or disability, these costs may also be taken into consideration.

Guidelines for support orders may be based on laws which require non-custodial parents to pay a flat percentage of their annual income toward their children's expenses. Often two approaches are combined. In the United Kingdom, for instance, there are four basic rates of child support based on the non-custodial parents' income, which are then modified and adjusted based on several factors. In the United States, the federal government requires all states to have guideline calculations that can be verified and certified. These are usually computer programs based upon certain financial information including, earnings, visitation, taxes, insurance costs, and several other factors.

Once established, child support orders remain static unless otherwise reviewed. Custodial and non-custodial parents reserve the right to request a court review for modification (typically one year or more after the issuance of the order). For instance, if the non-custodial parent becomes unemployed or faces financial hardship, he or she may petition the court for a reduction in support payments. Conversely, if the child's expenses increase, the custodial parent may ask the court to increase payments to cover the new costs. Although both parents have the right to petition the court for a support order adjustment, modifications are not automatic, and a judge may decide not to alter the amount of support after hearing the facts of the case. That is to say, simply because a non-custodial parent's income has decreased, a court may find that the decrease in income is of no fault of the child, and will not decrease the child's expenses, and therefore should not have an impact on him or her financially. Likewise, a court may find that an increase in the child's expenses may have been calculated by the custodial parent and is not necessary, and therefore the support obligation of the non-custodial parent should not increase.

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