In family law and government policy, child support or child maintenance is the ongoing obligation for a periodic payment made directly or indirectly by an ( "obligor" ) to an ( "obligee" ) 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. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically there is no gender requirement to child support, for example, a father may pay a mother or a mother may pay a father. 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 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.
The right to child support and the responsibilities of parents to provide such support have been internationally recognized. The 1992 United Nations Convention on the Rights of the Child, a binding convention signed by every member nation of the United Nations and formally ratified by all but two, declares that the upbringing and development of children and a standard of living adequate for the children's development is a common responsibility of both parents and a fundamental human right for children, and asserts that the primary responsibility to provide such for the children rests with their parents. Other United Nations documents and decisions related to child support enforcement include the 1956 United Nations Convention on the Recovery Abroad of Maintenance, which was ratified by the vast majority of UN member nations.
In addition, the right to child support, as well as specific implementation and enforcement measures, has been recognized by various other international entities, including the Council of Europe, the European Union and the Hague Conference.
Within individual countries, examples of legislation pertaining to, and establishing guidelines for, the implementation and collection of child maintenance include the 1975 Family Law Act (Australia), the Child Support Act (United Kingdom) and the Maintenance and Affiliation Act (Fiji) Child support in the United States, 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. Child support laws and obligations are known to be recognized in a vast majority of world nations, including the majority of countries in Europe, North America and Australasia, as well as many in Africa, Asia and South America.
Legal theory
Child support is based on the policy that both parents are obligated to financially support their children, even when the children are not living with both parents. Child support refers to the financial support of children and not other forms of support, such as emotional support, physical care, or spiritual support.
When children live with both parents, courts rarely, if ever direct the parents how to provide financial support for their children. However, when the parents are not together, courts often order one parent to pay the other an amount set as financial support of the child. In such situations, one parent (the "obligee" ) receives child support, and the other parent (the "obligor" ) is ordered to pay child support. The amount of child support may be set on a case-by-case basis or by a formula estimating the amount thought that parents should pay to financially support their children.
Child support may be ordered to be paid by one parent to another when one is a non-custodial parent and the other is a custodial parent. Similarly, child support may also be ordered to be paid by one parent to another when both parents are custodial parents (joint or shared custody) and they share the child-raising responsibilities. In some cases, a parent with sole custody of his or her children may even be ordered to pay child support to the non-custodial 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 they are partially or fully denied contact with the child.
Additionally, a non-custodial parent is responsible for child support payments even if they do not wish to have a relationship with the 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, both 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, obligors 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 obligee. 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, obligors 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. 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 obligor.
Accountability regulations for child support money vary by country and state. In some jurisdictions, such as Australia child support recipients 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 California, there is no limitations, accountability, or other restriction on how the obligee spends the child support received, it is merely presumed that the money is spent on the child. However, in other jurisdictions, a child support recipient 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.
Obtaining child support
Child support laws and regulations vary around the world. Legal intervention is not mandatory: some parents have informal or voluntary agreements or arrangements that do not involve the courts, where financial child support and/or other expenses are provided by non-custodial parents to assist in supporting their child(ren).
A major impetus
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