Child Support & Modifications

Child support is defined as a payment that a non-custodial parent makes toward the cost of raising his or her child. Even when the custodial parent is financially able to support a minor child without help, the duty of supporting a minor child is viewed as the legal responsibility of both parents. Child support is predicated on two ideals: to provide for the child’s basic needs and to allow the child to share in both parents’ standard of living. Therefore, a non-custodial parent who earns a high income may provide support in addition to what is required to meet the child’s essential needs.

Securing child support usually begins with the custodial parent filing a petition for child support in a state court within the state where he or she resides. Before support can be awarded, the Court must establish the child’s parentage by requesting a paternity test in the case men and a maternity test in the case of women. Once parentage is established, support is awarded by a state’s family court system. In determining the level of support, courts regularly take into consideration such issues as the child’s earning ability, the child’s age and the level of support that the child receives from the custodial parent.

Once the Court establishes child support, the level of support can later be modified. The most common reason for support modification is an increase or decrease in the payer’s income, but decreased income or bankruptcy never eradicates the payer’s duty to provide support. The consequences of not paying support vary by situation and state, but it is common for non-payers to face civil penalties and contempt-of-court charges. In the case of repeat violations, a jail sentence or a fine may ensue; and payers who cross state lines to avoid payment may face federal prosecution.