Child support in the United States
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In the United States,
child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
is the ongoing obligation for a periodic payment made directly or indirectly by an "obligor" (or paying parent or payer) to an "obligee" (or receiving party or recipient) for the financial care and support of children of a relationship or a (possibly terminated)
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
. The laws governing this kind of obligation vary dramatically
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
-by-state and tribe-by-tribe among Native Americans. Each individual state and federally recognized
tribe The term tribe is used in many different contexts to refer to a category of human social group. The predominant worldwide usage of the term in English is in the discipline of anthropology. This definition is contested, in part due to confl ...
is responsible for developing its own
guidelines A guideline is a statement by which to determine a course of action. A guideline aims to streamline particular processes according to a set routine or sound practice. Guidelines may be issued by and used by any organization (governmental or pri ...
for determining child support. Typically the obligor is a non-custodial parent. Typically the obligee is a custodial parent, caregiver or guardian, or a government agency, and does not have to spend the money on the child. In the U.S., there is no gender requirement for child support; for example, a father may pay a mother or a mother may pay a father. In addition, where there is
joint custody Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. Joint custody may refer to ''joint physical custody'', ''joint legal custody'', or both combined. In joint legal custody, both parents of a ...
, in which the child has two custodial parents and no non-custodial parents, a custodial parent may be required to pay the other custodial parent. Historically, the right of a child to the support of his or her parents was regulated solely by the separate states, territories, and Native American tribes. The
federal government of the United States The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...
became involved in providing welfare assistance to impoverished children in 1935 through the
Aid to Families with Dependent Children Aid to Families with Dependent Children (AFDC) was a federal assistance program in the United States in effect from 1935 to 1997, created by the Social Security Act (SSA) and administered by the United States Department of Health and Human Serv ...
program. In turn, the federal government realized that many children were entering that program because noncustodial parents were often avoiding their fair share of the costs of raising their children, and began to develop the foundation of today's overarching federal framework for child support enforcement. Today, the federal child support enforcement program is the responsibility of the
Office of Child Support Enforcement The Office of Child Support Enforcement (OCSE) is a United States government office responsible for overseeing the U.S. child support program. Child support is the obligation on parents to provide financial support for their children. OCSE was esta ...
, an office of
Administration for Children and Families The Administration for Children and Families (ACF) is a division of the United States Department of Health and Human Services (HHS). It is headed by the Assistant Secretary of Health and Human Services for Children and Families. It has a $49 billi ...
in the
Department of Health and Human Services The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services. Its motto is ...
. Federal regulations promulgated pursuant to Title IV-D of the
Social Security Act The Social Security Act of 1935 is a law enacted by the 74th United States Congress and signed into law by US President Franklin D. Roosevelt. The law created the Social Security program as well as insurance against unemployment. The law w ...
require uniform application of child support guidelines throughout a state, but each state can determine its own method of calculating support. At a minimum, requires each state to establish and publish a Guideline that is presumptively (but rebuttably) correct, and review the guideline, at a minimum, every four 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. The US has reciprocal agreements with a number of countries regarding recovery of child support and is a party to the
Hague Maintenance Convention The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, also referred to as the Hague Maintenance Convention or the Hague Child Support Convention is a multilateral treaty governing the enforcem ...
2007.


Support models

States follow one of three basic models, or formulas, for calculating a child support obligation: (1) the Incomes Shares model, (2) the Percentage of Income model, or (3) the Melson Formula model. * The Income Shares Model asserts that minor offspring should receive the same amount of parental support as if the parents lived together. This model calculates support as the approximate share of each parent's income that would have been devoted to the child in a shared household. Calculations vary by state but essentially add both parents' income. The amount needed to support each child is then determined using basic parameters and then adjusted according to the specific case and varies by state. Finally, the support obligation is pro-rated between the parents depending on their share of the total income. In other words, if a child's custodial parent makes $2,000 a month and the noncustodial parent brings in $3,000, the noncustodial parent assumes 60% of the support obligation. * The Percentage of Income model calculates support as a percentage of the noncustodial parent's income. This model assumes that the custodial parent's support is spent entirely on the child. The support amount is adjusted as in the prior model. (Note: The District of Columbia and Massachusetts apply a formula that is a hybrid, of the Income Shares and the Percentage of Income models.) * The Melson Formula is a more complex version of the Income Shares model. One of its special features is a Standard of Living Adjustment (SOLA), which automatically enables the child to share in a parent or parents’ increased income. This is a six-step process which considers the children's primary support needs, child care and extraordinary medical expenses, and the SOLA. These amounts are added together, and then the courts look at each parent's minimal self-support needs and percentage of total net income to determine the support obligation. The formula is named for Judge Elwood F. Melson, Jr. of the
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent ...
Family Court, who developed the formula in the 1970s and 1980s.


Executive branch concerns

President
Gerald Ford Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...
issued a
Signing Statement A signing statement is a written pronouncement issued by the President of the United States upon the signing of a bill into law. They are usually printed along with the bill in '' United States Code Congressional and Administrative News'' (USCCAN) ...
on signing the Social Services Amendments of 1974 on January 4, 1975. Although generally favorable, Ford expressed concern about what he saw as excessively "injecting the Federal Government into domestic relations".


State by state provisions


Penalties

While now considered part of civil law machinery, enforcement of child support obligations began in the United States as a criminal measure. The effort to criminalize failure to pay child support began in the late 19th century, with moral condemnation, the desire for stronger punishments, and the need for
extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...
primary factors in this movement. Prior to criminal nonsupport laws, financial support could only be obtained through the doctrine of necessaries, poor law, and legal separation. Whether to make nonsupport a felony or a misdemeanor was hotly contested, leading eventually to the passage of the Uniform Desertion and Non-Support Act described below. By the 1910s, nearly every state in the United States had criminal nonsupport statutes on the books. The criminalization of nonsupport also led to a heightened role of probation officers in nonsupport judgments. Though incarceration was and still remains a popular penalty for nonsupport, early proponents of criminal nonsupport wanted a penalty that would "maximize deterrence, preserve the family...and lighten the burden on charities and the state to support women and children." New York, which authorized probation as a penalty for nonsupport in 1901, advanced four benefits to probation over incarceration: "'(1) Punishment without disgrace, and effective without producing embitterment, resentment or demoralization,” (2) judicial discretion to make the punishment fit the crime, (3) “ nishment that is borne solely by the guilty and displacing a system that frequently involved the innocent and helpless,” and (4) punishment 'attended by increased revenue to the city and by a saving in expense.'" The passing of criminal nonsupport statutes began the blurring of the civil-criminal line in child support cases that continues to spark debate among legal scholars. In 2000, the state of
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. Tennessee is the List of U.S. states and territories by area, 36th-largest by ...
revoked the driver's licenses of 1,372 people who collectively owed more than $13 million in child support. In
Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
non-custodial parents behind more than three months in child-support payments can have court-ordered payments deducted from their wages, can have federal income tax refund checks,
lottery A lottery is a form of gambling that involves the drawing of numbers at random for a prize. Some governments outlaw lotteries, while others endorse it to the extent of organizing a national or state lottery. It is common to find some degree of ...
winnings, or other money that may be due from state or federal sources intercepted by child support enforcement agencies, can have licenses (including hunting and fishing licenses) suspended, and a judge may sentence a nonpaying parent to jail and enter a judgment for past due child support. Some have taken the view that such penalties are
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
. On September 4, 1998, the Supreme Court of Alaska upheld a law allowing state agencies to revoke driver's licenses of parents seriously delinquent in child support obligations. And in the case of United States of America v. Sage, U.S. Court of Appeals (2nd Cir., 1996), the court upheld the
constitutionality Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of a law allowing federal fines and up to two years imprisonment for a person willfully failing to pay more than $5,000 in child support over a year or more when said child resides in a different state from that of the non-custodial parent. The U.S. law commonly known as the
Bradley Amendment In United States law, the Bradley Amendment () is an amendment intended to improve the effectiveness of child support enforcement. It is named after Senator Bill Bradley, who introduced it. The Bradley Amendment requires state courts to prohibit r ...
was passed in 1986 to automatically trigger a non expiring lien whenever child support becomes past-due. The law overrides any state's statute of limitations; disallows any judicial discretion, even from bankruptcy judges; and requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the ''obligor'') to make the notification or regard for their awareness of the need to make the notification. The obligee may forgive such debts. When past-due child support is owed to a state as a result of welfare paid out, the state is free to forgive some or all of it under what's known as an offer in compromise.


Interstate enforcement


Final judgment

Under the
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
Article Four, full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. Courts have used this article to enforce final judgments that have been registered within a state. Normally a judgment must be final before it can be registered. The ""Restatement of Conflict (Second)'', under the topic of Defenses to Recognition and Enforcement, states that a judgment rendered in one state need not be recognized or enforced in a sister state insofar as the judgment remains subject to modification. A local court is free to recognize or enforce a judgment that remains subject to modification under the local law. Child support orders are considered judgments of this sort. To satisfy full faith and credit, the local law of the state of rendition will be applied to determine whether a judgment is modifiable -- particularly in respect to past and future financial obligations.


Uniform Desertion and Non-Support Act

In 1910, the
National Conference of Commissioners on Uniform State Laws The Uniform Law Commission (ULC), also called the National Conference of Commissioners on Uniform State Laws, is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states (plus the District of C ...
approved the Uniform Desertion and Non-Support Act. The act made it a punishable offense for a husband to desert, willfully neglect or refuse to provide for the support and maintenance of his wife in destitute or necessitous circumstances, or for a parent to fail in the same duty to his child less than 16 years of age. The 1910 act sought to improve the enforcement of the duties of support, but it did not take into account payers who fled the jurisdiction. With the increasing mobility of the population, welfare departments had to support the destitute families because the extradition process was inefficient and often unsuccessful.


Uniform Reciprocal Enforcement of Support Act (URESA)

In 1950, The National Conference of Commissions on Uniform State Laws published the
Uniform Reciprocal Enforcement of Support Act The Uniform Reciprocal Enforcement of Support Act (URESA), passed in 1950, concerns interstate cooperation in the collection of spousal and child support. The law establishes procedures for enforcement in cases in which the person owing alimony or ...
(URESA). The Commission stated that, “The purposes of this act are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.” URESA sought to enforce the provisions in two ways: criminal enforcement and civil enforcement. Criminal enforcement relied upon the
obligee A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
state demanding the
extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...
of the obligor, or for the obligor to surrender. Civil enforcement relied upon the obligee to initiate proceedings in his/her state. The initiating state would determine if the obligor had a duty of support. If the initiating court upheld the claim, the initiating court would forward the case to the obligor's state. The responding state, having personal jurisdiction over the obligor, would provide notice and a hearing for obligor. After this hearing, the responding court would enforce the support order.


Revised Uniform Reciprocal Enforcement of Support Act (RURESA)

In 1958, the Uniform Laws Commission again amended URESA, which later became known as the Revised Uniform Reciprocal Enforcement of Support Act (RURESA). The amendments involved two important changes to URESA. The amendments sought to correct a problem created by URESA. In some cases, the responding court only had evidence from the obligor and not have any evidence from the initiating state or the obligee. The responding court, with only one side represented tended to benefit the obligor. The commission's solution was to amend URESA so the initiating state and the obligee would provide evidence to the responding court along with the original case file, so the responding court would have positions from both parties. The commission also provided a second method to obtain redress via civil enforcement. The new method permitted the obligee to register the foreign support order in a court of the obligor's state, and present that case directly to the foreign court. RURESA provided new protection for mothers against noncompliant fathers; however, RURESA created a new problem—multiple support orders. Since every state could both enforce and modify a support order, a new support order could be entered in each state. Thus, if the father moved from State A to State B to State C to State D, and if the mother continually registered and had the order modified, then there would be four separate and independent support orders. RURESA allowed state courts to modify the original order so long as the court applied its own procedural law and the law of the original state, unless that contravened its own public policy. The Commission intended to correct the problem of inconsistent multiple orders by only allowing the support orders to be modified based upon a single state's law. In theory, states A, B and C could only modify a support order based upon the original state's substantive law; thus, all the support orders should be identical. In practice, however, this rule created ambiguities concerning whether child support guidelines are procedural or substantive, and if substantive, whether application of that substantive law contravened some public policy. The multiple order issue remained a problem.


Uniform Interstate Family Support Act (UIFSA)

In 1992, NCCUSL completely revised and replaced URESA and RURESA with the Uniform Interstate Family Support Act (UIFSA) to correct the problem of multiple orders. UIFSA corrected this problem by providing that only one state would possess the power to make or modify child support at any one time ("continuing exclusive jurisdiction"). The state with continuous exclusive jurisdiction would use its own child support guidelines. Thus, if the child or either one of the parents remained in the original state, then that state retained jurisdiction and only that state could modify the support order. Only if both parents and the child left the state could another state assume child support jurisdiction (although any state could enforce the original state's order, regardless of residence of parent or child). In 1996, NCCUSL revised UIFSA and the United States Congress passed the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. The bill implemented major changes to ...
(PRWORA), which required that all states adopt the 1996 version of UIFSA. In 2001, NCCUSL adopted additional amendments to UIFSA. As of 2011, only a few states had adopted the 2001 amendments. In 2008 UIFSA was revised to allow implementation of the
Hague Maintenance Convention The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, also referred to as the Hague Maintenance Convention or the Hague Child Support Convention is a multilateral treaty governing the enforcem ...
which ensures a uniform policy amongst countries and a way to organize child support issues globally. Critically, orders are recognized and enforced between parties to the convention. After the federal government made implementation of the 2008 version a requirement for federal child support system funding, it was adopted in all states. It entered into force on 1 January 2017. The Convention entered into force in the United States on 1 January 2017. UIFSA consists of five main parts: General Provisions, Establishing a Support Order, Enforcing a Support Order, Modifying a Support Order, and Parentage.


Statutory conflicts

Every state's guidelines are unique, so every state awards different monetary amounts. Between two states, the difference in award's amounts may be nominal when taken on a weekly basis. Over long periods, however, these weekly differences accumulate to material sums. A
conflict of laws Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad ...
issue can confront courts. For simplicity, this article uses the model where the mother becomes the parent with custody of the children and the father makes child support payments, with the understanding that this model has become less typical. For example, a man and a woman marry in West Virginia. During the marriage, the husband and the wife have children. In West Virginia, the husband and the wife divorce. West Virginia issues a divorce decree that gives the wife custody of the children and orders the husband to pay child support. Subsequently, the wife moves to Connecticut with the children. Due to a change in circumstances, the husband, who may or may not still reside in West Virginia, seeks a modification of West Virginia's divorce decree. The conflict was over which state's guidelines are to apply. The commission, which Congress created in 1988 to recommend `how to improve the interstate establishment and enforcement of child support awards,' favored a system under which the modifying jurisdiction's law would apply. Some witnesses testified that the law most advantageous to the child should govern, others testified that the law where the obligor resides should govern, and still others testified that the law where the child resides should govern. The Commission ultimately recommended `that the procedural and substantive law of the forum state should govern in establishment and modification proceedings,' citing the `ease and efficiency of application of local law by decision-makers' as an important consideration. The official UIFSA commentary
o UIFSA section 303 O, or o, is the fifteenth letter and the fourth vowel letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''o'' (pronounced ), pl ...
echoes this concern for efficiency.


Connecticut's anomaly

The Connecticut Legislature anomalously created two registration methods. Connecticut adopted URESA and adopted the RURESA registration method. Subsequently, Connecticut adopted UIFSA and repealed URESA, but did not repeal the RURESA registration method. Both methods allow for a foreign order to be registered in Connecticut. The UIFSA registration method limits jurisdiction to only one state, while the RURESA registration does not.


Connecticut’s UIFSA

The UIFSA registration method allows the following scenarios: (1) one party remains in the original state, and the other party moves to Connecticut or (2) the mother and father both leave the original state. If either the mother or father remain in the original state, the original state retains continuous exclusive jurisdiction. The second scenario is that the mother moves to Connecticut, and the father moves to a third state (state B), leaving neither party domiciled in the original state. If the order is registered in either Connecticut or in B and that state's court issues a new order, then the original state loses jurisdiction. In the state where a new order is issued, Connecticut or state B would obtain the power to modify the order. This situation produces a race to the courthouse. The mother wants to register the order in the state with guidelines more favorable to her and the father seeks the opposite. Under UIFSA, whatever scenario is applied, the rule is clear. However, because Connecticut continues to have the RURESA registration method on the books, a party could register in Connecticut without invoking UIFSA, which creates the problems that UIFSA was meant to correct.


Connecticut’s RURESA

Under RURESA Connecticut General Statute 46b-71 controls, providing the courts with a conflict of laws rule concerning the enforcement of a foreign matrimonial judgment within Connecticut. It states: The statute allows courts to modify a foreign judgment using local procedures, applying the substantive law of the foreign jurisdiction, unless that application of the substantive law would contravene Connecticut public policy. In ''Burton'' v. ''Burton'', the
Connecticut Supreme Court The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, a ...
recognized that 46b-71 governed. In addition, the Court held that the related laws were "substantive" so the foreign law would control. The Connecticut courts have not resolved whether the courts apply local or foreign child support guidelines under RURESA. 46b-71 and Burton frame the issue. If a Connecticut court characterizes the child support guidelines as procedural, then the court applies the local child support guidelines; if the courts characterize the child support guidelines as substantive, then the courts must apply the foreign state's child support guidelines, with the usual caveat. The
Connecticut Supreme Court The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, a ...
addressed the issue of whether the trial court correctly applied the substantive law of the foreign jurisdiction but not whether the foreign state's guidelines are "substantive". In ''Evans'' v. ''Evans'', the Connecticut Appellant Court indirectly addressed the issues and held that it would not disturb an order of the trial court absent an abuse of discretion. The trial court held, among other factors, that it was not bound by the New York's guidelines, although it did consider them. The Appellant Court failed to state explicitly which guidelines the court should apply. The
Connecticut Superior Court The Connecticut Superior Court is the state trial court of general jurisdiction. It hears all matters other than those of original jurisdiction of the Probate Court, and hears appeals from the Probate Court. The Superior Court has 13 judicial dis ...
s differ as to when the courts must determine if that substantive law includes that state's child support guidelines. In a recent Superior Court decision, Judge Munro stated that “ e court will allow the parties to argue at the subsequent hearing on the merits whether, in applying Ohio substantive law, the court looks to the
Connecticut Child Support Guidelines The Connecticut Child Support Guidelines are published by the Connecticut Commission for Child Support Guidelines pursuant to Connecticut General Statute 46b-215a. The Commission is required to meet within every four years to revise and update the ...
or the Ohio Child Support Guidelines, or some other criteria. ” In a footnote, Trial Referee Cutsumpas states that “ e court is mindful that it would be more practical to have the child support issue determined in the State of Connecticut where the children and obligee mother reside rather than in the State of New York where only the obligor father resides… However, absent written consent of the parties, UIFSA dictates jurisdiction which in this case is the State of New York. ”


District of Columbia

In 1993, the District of Columbia Court of Appeals held that the child's domicile governs which guidelines should apply. In this case the parents married in the District and family moved to Maryland. The divorced father returned to the District, and the mother and the children remained in Maryland. The court granted the father's request that Maryland's guidelines apply following precedent while stating that the "governmental interest analysis test" would lead to the same result.


Deadbeat parents

Non-custodial parents who avoid their child support obligations are sometimes termed ''deadbeat'' parents. Parents who share an equal role in parenting are far more likely to comply, with child support compliance going up above 90% when the payer states she (or he) believes he has a relatively equal role in parenting. The US Department of Health and Human Services estimates that 68% of child support cases had arrears owed in 2003, a 15% increase from 53% in 1999. It is claimed that some of these arrearage cases are due to administrative practices such as imputing income to parents where it does not exist and issuing default orders of support. According to one study reasons given for non-payment of support were as follows: According to another study, 76% of the $14.4 billion in child support arrears in California was by parents who lacked the ability to pay. The "deadbeat" parents had a median annual income of $6,349, arrears of $9,447 and an ongoing support of $300 per month because 71% of the orders were set by default.


Child support and welfare

Since the 1996
Personal Responsibility and Work Opportunity Reconciliation Act The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. The bill implemented major changes to ...
(PRWORA), a major impetus to collection of child support is the Welfare law. A custodial parent receiving public assistance, e.g., via
Temporary Assistance for Needy Families Temporary Assistance for Needy Families (TANF ) is a federal assistance program of the United States. It began on July 1, 1997, and succeeded the Aid to Families with Dependent Children (AFDC) program, providing cash assistance to indigent ...
(TANF), is required to assign child support to the Department of Welfare to receive assistance. The custodial parent must also pursue child support. Any payment is diverted to the welfare program as partial reimbursement. Typically the amount of child support equals or exceeds the assistance grant, allowing the family to leave the cash assistance program (potentially remaining eligible for food stamps, etc.) Other provisions of PRWORA require and assist the custodial parent to find employment (such as buying new work clothes). Child support enforcement programs in all 50 states are primarily federally funded. States whose enforcement is not in PRWORA compliance risk a 5% penalty. Despite concerns that this provision generates government revenue, HHS reported that in fiscal year 2003, 90% of child support collections went directly to families. In 47 states the percent of payments going to families was 86% or more and in seven states exceeded 95%. Half of ''unpaid'' child support is owed to the government. Sherri Z. Heller, Ed.D., Commissioner of U.S. Office of Child Support Enforcement stated, "We need to be more aggressive about leveraging older debt owed to the government as an incentive to obtain more reliable payments of current support to families." Towards this end, the
Social Security Administration The United States Social Security Administration (SSA) is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability and survivor benefits. To qualify f ...
provides up to $4.1 billion in financial incentives to states that create support and arrearage orders, and then collect.


Housing and common wages

Some states (such as California) automatically garnish up to 50% of pre-tax income to pay child support arrears. This can present a hardship in states whose cost of living is high. The
Out of Reach
' report produced by the National Low Income Housing Coalition sets 30% of household income as an affordable level for housing costs. After a loss of 50% of takehome income, the suggested expenditure on rent also decreases 50%. California's
Fair market rent Rental value is the fair market value of property while rented out in a lease. More generally, it may be the consideration paid under the lease for the right to occupy, or the royalties or return received by a lessor ( landlord) under a license t ...
(FMR) for a two-bedroom apartment is $1,149. In order to afford rent and utilities, without paying more than 30% of income on housing, a household must earn $3,829 monthly or $45,950 annually. Assuming a standard work schedule, housing alone requires a wage of $22.09, far above California's $8.00 minimum. Adding child support essentially doubles the necessary income. If the obligor has no other child support debts, earns California minimum wage working 40 hours a week, has no benefits, and the custodial spouse does not work, the expected payment is closer to $320.


Audits

In many counties, such as Illinois’
Cook Cook or The Cook may refer to: Food preparation * Cooking, the preparation of food * Cook (domestic worker), a household staff member who prepares food * Cook (professional), an individual who prepares food for consumption in the food industry * ...
and Kane counties, the division audit themselves. However, other jurisdictions adopt different methods—for example, in 2003 independent auditors reviewed and audited the Child Support Enforcement Agency of
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
. Texas has also conducted an independent audit.
Clark County, Nevada Clark County is located in the U.S. state of Nevada. As of the 2020 census, the population was 2,265,461. Most of the county population resides in the Las Vegas Census County Divisions, which hold 1,771,945 people as of the 2010 Census, acros ...
's,
district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a ...
office was independently audited in 2003 regarding child support payment collections. In 2003, Maryland recommended outside audits on its five child support enforcement operations. While county reports are the official records, states also have their reports.


Imprisonment

Most courts addressing the issue of imprisonment for child support deficiencies since the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
's ruling in Lassiter vs Department of Social Services, 452 U.S. 18 (1981) have held that appointed counsel is required if the obligor's liberty is at stake. In March, 2006, the Supreme Court of New Jersey, upheld this principle in the case of Anne Pasqua, et al. v. Hon. Gerald Council, et al. As of August 2006, at least four states (New Hampshire, Pennsylvania, Virginia, and South Carolina) do not consistently appoint attorneys in enforcement proceedings. As of 2011 court challenges were pending in Pennsylvania and New Hampshire. On March 23, 2011, the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
heard Turner v. Rogers, a case concerning whether South Carolina had a legal obligation to provide appointed counsel to Turner, who was jailed for child support non-payment. The right to a jury trial is abridged in criminal non-support cases when the defendant is charged with
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
non-support. The judge can
incarcerate Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
the obligor for
contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
for some time, presumably until the balance is brought current, similar to
debtors' prison A debtors' prison is a prison for people who are unable to pay debt. Until the mid-19th century, debtors' prisons (usually similar in form to locked workhouses) were a common way to deal with unpaid debt in Western Europe.Cory, Lucinda"A Histori ...
s of prior eras.
Jail A prison, also known as a jail, gaol (dated, English language in England, standard English, Australian English, Australian, and Huron Historic Gaol, historically in Canada), penitentiary (American English and Canadian English), detention cen ...
complicates child support payments, which is why some states suspend sentences and impose a
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
ary period during which payments must be made and/or employment searches conducted, with jail reserved for uncooperative offenders.


Paternity fraud, not-adopted, non-biological children

Paternity questions which complicate the issue of child support can be due to incorrect information, fraudulent intent, or default judgements. Paternity fraud mainly affects four groups of individuals: the defrauded party forced to pay support for a child that is not biologically his, the child potentially deprived of a relationship with his/her biological father, the biological father who may have lost a relationship with his child, and the mother of the child in question. The non-biological father may be liable for child support even if paternity fraud is proven as some jurisdictions limit the amount of time allowed to challenge paternity. In most jurisdictions the courts can declare the male who acts as the child's father to be the father through the equitable operation of an
estoppel Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from b ...
. Once a man declares a child as his offspring and lives with the child for a period of time the court may assign the putative father all of the obligations of parenthood even if the child is not biologically his.


Criticism

Current child support guidelines and policies have been criticized by fathers' rights advocacy groups, as well as by feminists advocating gender equality and reproductive choice for men. Current child support guidelines and policies have also been criticized for requiring boys and men who are victims of rape to pay child support to the women who rape them. Men who assert that a child was conceived as a result of deception, birth control fraud or sperm theft have also challenged their obligation to pay child support. Melanie McCulley, a South Carolina attorney coined the term male abortion in 1998, suggesting that a father should be allowed to disclaim his obligations to an unborn child early in the pregnancy.McCulley, Melanie G. (1998). The male abortion: the putative father's right to terminate his interests in and obligations to the unborn child. The Journal of Law and Policy, Vol. VII, No. 1. Proponents hold that concept begins with the premise that when an unmarried woman becomes
pregnant Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occurs by sexual intercourse, but ca ...
, she has the option of
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
,
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
, or parenthood; and argues, in the context of legally recognized
gender equality Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
, that in the earliest stages of pregnancy the putative (alleged) father should have the same
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
to relinquish all future parental rights and financial responsibility—leaving the informed mother with the same three options. McCulley states:
'When a female determines she is pregnant, she has the freedom to decide if she has the maturity level to undertake the responsibilities of motherhood, if she is financially able to support a child, if she is at a place in her career to take the time to have a child, or if she has other concerns precluding her from carrying the child to term. After weighing her options, the female may choose abortion. Once she aborts the fetus, the female's interests in and obligations to the child are terminated. In stark contrast, the unwed father has no options. His responsibilities to the child begin at conception and can only be terminated with the female's decision to abort the fetus or with the mother's decision to give the child up for adoption. Thus, he must rely on the decisions of the female to determine his future. The putative father does not have the luxury, after the fact of conception, to decide that he is not ready for fatherhood. Unlike the female, he has no escape route'.
McCulley's male abortion concept aims to equalize the legal status of unwed men and unwed women by giving the unwed man by law the ability to 'abort' his rights in and obligations to the child. If a woman decides to keep the child the father may choose not to by severing all ties legally. This same concept has been supported by a former president of the feminist organization
National Organization for Women The National Organization for Women (NOW) is an American feminist organization. Founded in 1966, it is legally a 501(c)(4) social welfare organization. The organization consists of 550 chapters in all 50 U.S. states and in Washington, D.C. It ...
, attorney
Karen DeCrow Karen DeCrow ( Lipschultz; December 18, 1937 – June 6, 2014) was an American attorney, author, activist and feminist. She served as the fourth national president of the National Organization for Women (NOW) from 1974 to 1977. She was also a str ...
, who wrote that "if a woman makes a unilateral decision to bring pregnancy to term, and the biological father does not, and cannot, share in this decision, he should not be liable for 21 years of support...autonomous women making independent decisions about their lives should not expect men to finance their choice." The legal concept was tried in Dubay v. Wells and was dismissed. This was not surprising, since legislation in the various jurisdictions currently sets forth guidelines for when child support is owed as well as its amount. Accordingly, legislation would be required to change the law to implement McCulley's concept. One persuasive criticism of the current legal regime of child support in the United States is that it is only facially civil in nature and circumvents the procedural protections of the criminal law while still using criminal enforcement machinery. Because nonsupport began as a criminal offense, it still retains many criminal enforcement mechanisms (incarceration, driver's license suspension, denial of passport applications, etc.). However, because child support enforcement is now branded as part of the civil law, respondents do not have the constitutional protections afforded by criminal procedure. This includes right to trial by jury (excluding Texas), right to counsel, and right to cross-examination, among others. Scholars argue that nonsupport should be fully decriminalized, as returning to criminal enforcement would create more stigma while not necessarily afforded more protections to respondents.


See also

*
Bradley Amendment In United States law, the Bradley Amendment () is an amendment intended to improve the effectiveness of child support enforcement. It is named after Senator Bill Bradley, who introduced it. The Bradley Amendment requires state courts to prohibit r ...
*
California Child Support Guideline Review Each U.S. state is responsible for developing a child support enforcement program that complies with federal requirements, including a guidelines method of calculating child support. At minimum, 45 C.F.R. 302.56 requires each state to establish an ...
*
Child Support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
* Deadbeat dad *
Debtor's prison A debtors' prison is a prison for people who are unable to pay debt. Until the mid-19th century, debtors' prisons (usually similar in form to locked workhouses) were a common way to deal with unpaid debt in Western Europe.Cory, Lucinda"A Histori ...
* Filial responsibility laws, support money is paid from adult children to impoverished elders. * Glenn Sacks *
Hermesmann v. Seyer ''Hermesmann v. Seyer'' (''State of Kansas '' ex rel.'' Hermesmann v. Seyer'', 847 P.2d 1273 (Kan. 1993)), was a precedent-setting Kansas, United States, case in which Colleen Hermesmann successfully argued that a woman is entitled to sue the fa ...
*
Uniform Child Custody Jurisdiction And Enforcement Act The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, G ...
*
Tax refund interception A tax refund interception, also referred to as a tax refund offset, is the act of an agency responsible for sending tax refunds using all or part of a refund to fulfill an obligation of the taxpayer rather than sending the money to the taxpayer h ...


References


External links

Government sites
Up to $4.1 billion available to States that create support and arrearage orders, and then collect (cf. 6B, 6C, & 6D).
Social Security Administration's Incentive

U.S. Department of Health and Human Services * ttps://web.archive.org/web/20060926154803/http://www.acf.hhs.gov/programs/cse/pubs/2004/reports/preliminary_data/ CSE Government Program Reports
Congressional Research Service (CRS) Reports regarding child support

Office of Child Support Enforcement
by state

- child support enforcement
National Council of Child Support Directors (NCCSD)
''Census''

U.S. Census Bureau * ttps://www.census.gov/prod/2013pubs/p60-246.pdf Custodial parents reported an aggregate of $37.9 billion of child support due in 2011, $23.6 billion receivedU.S. Census Bureau
U.S. Child Support Statistics
-
U.S. Census Bureau The United States Census Bureau (USCB), officially the Bureau of the Census, is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of the ...
''Guidelines and legislation''
Deadbeat Parents Punishment Act


American Payroll Association * ttp://the.honoluluadvertiser.com/article/2005/Apr/10/ln/ln03p.html Hawai'i at bottom in child-support ranking
Accurately Evaluating State Child Support Program Performance

National Child Support Enforcement Association


- Driver License Suspensions for Child Support {{DEFAULTSORT:Child Support In The United States Law of the United States Child welfare in the United States
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...