Child Support Payments – What You Need to Know About Child Support Policies in the US
In 2010, an estimated number of 13.7 million single parents had custody of around 22.0 million children under the age of 21. From these single parents, only 17.8 percent were fathers and the remaining were mothers. Also, less than half of the custodial parents receive the full amount of child support order (41.2%). These figures reflect the 2009-2010 report of the United States Census Bureau. As reflected by the percentage mentioned, child support orders usually fail to be implemented properly. If you are a custodial parent or guardian who is having issues with child support payments, this article will help you be informed of the different policies, implemented by the local and national government, which can benefit you.
Child support laws vary across the US from state-to-state and even from tribe-to-tribe, in the case of Native Americans. There is no gender bias for child support, either the mother can be the obligor or the obligee, depending who has the custody of the child needing support. However, in cases of joint custody, one of the custodial parents may be required to pay the other custodial parent for support.
Generally, child support services are under the responsibility of the Administration for Children and Families which is part of the Department of Health and Human Services. Although the federal regulations require equal application of child support guidelines across the country, each state has their own policies of implementation and computation of payments for child support as indicated in their Child Support Guidelines Worksheet. Therefore, it is best to seek advice from your local government for assistance in terms of child support. In this article, the child support payment policies for the top three most populous states in the US will be detailed in the following sections.
California
If you are residing in the state of California, then this section is for you. The amount of child support payment may be computed using a computer tool available at www.childsup.ca.gov/calculator. You are required to input required details into their respective data fields in the calculator to be able to estimate the child support amount. Both parents’ income and assets are assessed to determine the amount of child support payment. All sources of income are included in the computation of payment for support, this would include the wages from job, tips, commissions, bonuses, self-employment earnings, unemployment benefits, disability and worker’s compensation benefits, interest, dividends, rental income, social security or pensions, and other payments received regardless of source. The net income is computed after subtracting certain expenses such as taxes, mandatory union dues and retirement contributions, health premiums, child or spousal support actually being paid and costs of raising children from another relationship. Though there are these considerations, the court may still opt to deviate from this computation depending on the case, considering other factors such as parental time.
Either the custodial/non-custodial parent or guardian/caretaker of the child may file of modification of child support order. Factors that would allow the review of the existing child support order would be the following: significant increase or decrease in parental income; change in custody and/or visitation rights; and military service or deployment of a parent. Anyone interested in filing a case on changing child support order may contact Local Child Support Agency (LCSA) for assistance.
For non-custodial parents who owe child support payments to the custodial parent, guardian or the government, the state of California devised a program called Compromise of Arrears Program (COAP). In this program, the client is relieved of some of the debt (arrears) he/she owes for child support. The debt is usually paid to the government as they have provided the financial support to the family and the child during the child support case or if the child was in foster care. Similar to the computation of the child support payment, the amount to be deducted to the debt is computed using a computer program. The arrears may be paid in lump sum or partially over time, depending on the case. However, you should keep in mind that the COAP will not relieve you of the total debt, change the monthly support obligations, compromise arrears owed to the custodial party nor spousal support.
Texas
For those of you residing in Texas, these are what you should know about child support payment policies in your state. Child support enforcement in the state of Texas is governed by the Office of Attorney General. The services offered to the residents are similar to what other states offer in terms of child support services (locating of parents, establishing paternity, establishing and enforcing child support orders both financial and medical, and reviewing child support orders).
Similar to the state of California there is an existing online calculator that can help you in the computation of child support payments. Clients may opt to pay their duties via phone, internet, mail or walk-in. Phone and internet payments are accepted when using credit cards. For payments made through mail, the customer is required to send a check or money order payment to the Texas Child Support Disbursement Unit. Make sure that the following information are included in the check or money order: 10-digit case number; cause number; non-custodial parent name; and custodial parent name. Lastly, clients who prefer walk-in payments may do so via the following establishments: MoneyGram, Western Union, or Fidelity XPressPay.
The state of Texas also provides assistance to its residents who ask for modification of child support order. The required circumstances for the eligibility of the request are similar to that of the state of California. In cases of child support evaders, The Child Support Division of the Office of the Attorney General will take actions to enforce child support by either of the following techniques:
- Wage withholding that will be required from the employer of the non-custodial parent
- Seizing any form of payments from the state or federal sources (lottery winnings, income tax refund checks, etc.)
- Suspension of driver’s, professional, and/or hunting and fishing license(s)
- Filing a lawsuit against the noncustodial parent evading child support payment
Aside from the services offered by the Office of the Attorney General, anyone who are in need of assistance in child support enforcement may go to county-operated domestic relations/child support offices, private attorneys, and private collection offices. However, keep in mind that private agencies will charge you for the services they offer.
New York
In the case of New Yorkers, the Office of Temporary and Disability Assistance governs child support services in the state. The Division of Child Support Enforcement can assist any residents having an issue on the enforcement of child support payments. If assistance is requested from the division, they will send notice to the non-custodial parent stating the procedure, deadline and instructions to fulfill as well as the consequence of failing to do so.
In occasion where the non-custodial parent fails to provide for current and overdue child support, the division may collect the payment through income execution (IEX) or unemployment insurance benefits (UIB) intercept. In IEX the debt is deducted from the non-custodial wage or other source of income by the employer. On the other hand, unemployed non-custodial parent receiving benefits from the New York Department of Labor will be seized and the amount due will be deducted as payment for child support.
Several procedures are implemented if the parent is proven to be evading child support payments. Delinquent parents can have their income tax refund intercepted. Also, their names will be submitted to the Credit Bureau making it difficult for them to obtain loans and other credits until the debt has been settled. Lottery winnings as well as other financial assets may be seized by the government to pay for the overdue child support. Furthermore, driver’s license of evading parents can be suspended, while passport application (either renewal or new application) can be denied by the state. The delinquent parent’s name may be submitted to New York’s Department of Taxation and Finance for them to be able to make tax remedies for the collection of the overdue payment.
The child support payment policies in the US vary from state-to-state, although, there is a common ground for the services offered by each state to the parents or guardians relating to child support. It is very important to go to your local agencies who supervise on child support services for the specific issues you are facing related to child support payments. This article only provides you with the basic policies you need to know relating to these issues. To know the different child support agencies contact information in the state you are in, you can go to http://www.acf.hhs.gov/programs/css/resource/state-and-tribal-child-support-agency-contacts for further information.
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