Child support 180546 224684671 2008-07-09T23:27:06Z 74.181.121.249 /* USA */ {{FamilyLaw}} 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]], [[legally separated|marital separation]], [[dissolution of marriage|dissolution]], [[annulment]], determination of parentage or dissolution of a [[civil union]] and may supplement [[alimony]] (spousal support) arrangements.<ref>[http://www.ag.gov.bc.ca/family-justice/law/child/definition.htm Definition of child support:] "Child support is the legal right of a child to receive financial support from his or her parents." British Columbia Attorney General, Canada</ref><ref>[http://www.acf.hhs.gov/programs/cse/fct/glossary.htm Definition of child support:] "Financial support paid by a parent to help support a child or children of whom they do not have custody. Child support can be entered into voluntarily or ordered by a court or a properly empowered administrative agency, depending on each State’s laws." OSCE, USA</ref><ref>[http://www.csa.gov.au/fact/index.aspx] "What is child support? When parents separate, they need to make financial arrangements for their children. How they do this depends on when they separated and when their children were born." Australian Child Support Agency</ref><ref>[http://www.ird.govt.nz/childsupport/background/] "Child support is money paid by parents who are not living with their children to help financially support their children" New Zealand Inland Revenue</ref><ref>[http://www.csa.gov.uk/en/PDF/leaflets/new/CSL301.pdf] "Child maintenance is money paid when parents live apart...the parent with whom the child does not live is responsible for paying child maintenance." UK CSA</ref><ref> [http://www.capegateway.gov.za/eng/pubs/public_info/Y/17473/1] "Every child has the right to basic necessities...Children should get these basic needs from their parents or relatives...This support given by parents or relatives is called maintenance." Western Cape governmental information service, South Africa</ref><ref>[http://app.subcourts.gov.sg/family/faq.aspx?pageid=3703#] "Maintenance is financial support...Under section 69 of the Women’s Charter, you can apply for maintenance for your child from the other parent, if he or she neglects or refuses to provide your child with reasonable maintenance" Subordinate Court of Singapore</ref> 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,<ref>[http://www.unhchr.ch/pdf/report.pdf "Status of ratifications of the principal international human rights treaties"] Office of the United Nations High Commissioner for Human Rights, June 9 2004</ref> 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. <ref>[http://www.unhchr.ch/html/menu3/b/k2crc.htm] Convention on the Rights of the Child</ref> 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.<ref>[http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterXX/treaty1.asp "Convention on the Recovery Abroad of Maintenance"] United Nations, New York, 20 June 1956</ref> 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]],<ref>[http://assembly.coe.int/main.asp?Link=/documents/adoptedtext/ta79/erec869.htm Recommendation 869 on payment by the state of advances on child maintenance] 1979, Council of Europe</ref> the European Union<ref>[http://ec.europa.eu/civiljustice/maintenance_claim/maintenance_claim_ec_en.htm Maintenance claims across the EU] European Commission</ref> and the [[Hague Conference]].<ref>[http://www.hcch.net/index_en.php?act=conventions.text&cid=85 Convention of 2 October 1973 on the Recognition and Enforcement of Decisions relating to Maintenance Obligations"] The Hague Conference, 1973</ref> 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)<ref>[http://www.opsi.gov.uk/acts/acts1991/ukpga_19910048_en_1 Child Support Act] 1991, Office of Public Sector Information, UK</ref> and the Maintenance and Affiliation Act (Fiji)<ref>[http://www.unescap.org/esid/psis/population/database/poplaws/law_fiji/fiji_008.htm Maintenance and Affiliation Act (Fiji)].</ref> 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.<ref>[http://travel.state.gov/law/info/info_608.html#states List of countries with reciprocal child support enforcement policies] U.S. Department of State</ref><ref>[http://www.csa.gov.uk/en/setup/remo-countries.asp#S5 List of REMO (Reciprocal Enforcement of Maintenance Orders) reciprocating countries] UK Child Support Agency</ref><ref>[http://links.jstor.org/sici?sici=0039-3665%28199207%2F08%2923%3A4%3C217%3AMPFCSI%3E2.0.CO%3B2-F&size=LARGE&origin=JSTOR-enlargePage ]"Statutes in all countries in the region provide that a man must support his legitimate and illegitimate children" (pertaining to Lesoto, Swaziland, Zambia, Zimbabwe, Mozambique and Botswana) "Payments for Child Support in Southern Africa: Using Law to Promote Family Planning". Alice Armstrong, ''Studies in Family Planning,'' Vol. 23, No. 4 (Jul. - Aug., 1992), pp. 217-228</ref> == 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 [[child custody|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 [[Mother|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.<ref>[http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c8.html CHAPTER 8 - PATERNITY ESTABLISHMENT] U.S Administration for Children & Families</ref> == Child support vs. contact == While the issues of child support and [[Contact (law)|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.<ref>[http://www.ksbar.org/public/public_resources/pamphlets/child_custody.shtml Kansas Bar Association]</ref><ref>[http://app.subcourts.gov.sg/family/faq.aspx?pageid=3703#] Subordinate Court of Singapore</ref> 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.<ref>[http://www.law.upenn.edu/bll/archives/ulc/fnact99/1990s/upa7390.htm Uniform Parentage Act] USA</ref> 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. <ref>[http://www.csa.gov.uk/en/PDF/leaflets/new/CSL301.pdf Child support fact sheet] UK CSA</ref> == 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.<ref>[http://www.ag.gov.bc.ca/family-justice/law/child/definition.htm Definition of child support:] "Child support is the legal right of a child to receive financial support from his or her parents." British Columbia Attorney General, Canada</ref><ref>[http://www.acf.hhs.gov/programs/cse/fct/glossary.htm Definition of child support:] "Financial support paid by a parent to help support a child or children of whom they do not have custody. Child support can be entered into voluntarily or ordered by a court or a properly empowered administrative agency, depending on each State’s laws." OSCE, USA</ref><ref>[http://www.csa.gov.au/fact/index.aspx] "What is child support? When parents separate, they need to make financial arrangements for their children. How they do this depends on when they separated and when their children were born." Australian Child Support Agency</ref><ref>[http://www.ird.govt.nz/childsupport/background/] "Child support is money paid by parents who are not living with their children to help financially support their children" New Zealand Inland Revenue</ref><ref>[http://www.csa.gov.uk/en/PDF/leaflets/new/CSL301.pdf] "Child maintenance is money paid when parents live apart...the parent with whom the child does not live is responsible for paying child maintenance." UK CSA</ref><ref> [http://www.capegateway.gov.za/eng/pubs/public_info/Y/17473/1] "Every child has the right to basic necessities...Children should get these basic needs from their parents or relatives...This support given by parents or relatives is called maintenance." Western Cape governmental information service, South Africa</ref><ref>[http://app.subcourts.gov.sg/family/faq.aspx?pageid=3703#] "Maintenance is financial support...Under section 69 of the Women’s Charter, you can apply for maintenance for your child from the other parent, if he or she neglects or refuses to provide your child with reasonable maintenance" Subordinate Court of Singapore</ref> 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. <ref>[http://www.unhchr.ch/html/menu3/b/k2crc.htm] Convention on the Rights of the Child</ref> 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.<ref>[http://www.ksbar.org/public/public_resources/pamphlets/child_custody.shtml Kansas Bar Association]</ref> 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.<ref>[http://www.csa.gov.au/forms/1666.htm Child support agreement] Australia Child Support Agency</ref> 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.<ref>[http://www.mass.gov/?pageID=doragencylanding&L=4&L0=Home&L1=Individuals+and+Families&L2=Help+%26+Resources&L3=Child+Support+Enforcement&sid=Ador Massachusetts Department of Revenue]</ref> 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.<ref>[http://www.finaid.org/questions/divorce.phtml "Divorce and Financial Aid"]</ref> 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.<ref>[http://www.cse.ri.gov/services/medical_support.php Medical support order] Rhode Island Office of Child Support Services</ref><ref>[https://newyorkchildsupport.com/child_support_services.html#medicalSupportEstEnf "Medical Support Establishment and Enforcement"] New York State Division of Child Support Enforcement</ref> If both parents possess health coverage, the child may be added to the more beneficial plan, or use one to supplement the other.<ref name=Arkansas>[http://www.arkansas.gov/dfa/child_support/pdf/ocse_policy_manual.pdf Arkansas Office of Child Support Enforcement Policy Manual]</ref> 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.<ref>[http://www.acf.hhs.gov/programs/cse/new/reserve_activation.html "Have a Child Support Order and Been Recently Activated?"] U.S. Administration for Children & Families</ref> 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.<ref>[http://www.csa.gov.au/fastfacts/1194.pdf FAQ on expenses and payments]Australia Child Support Agency</ref> 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. == Obtaining child support == Child support [[law]]s 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).<ref>[http://www.facsia.gov.au/guides_acts/fag/faguide-1/faguide-1.1/faguide-1.1.m/pc_13722.html 1.1.M.15 Maintenance agreement (FTB)] Family Assistance Guide, Australia</ref><ref>[http://www.census.gov/prod/2000pubs/p60-212.pdf Child support for custodial mothers and fathers] United States Census Bureau 2000</ref><ref>[http://justice.gc.ca/en/ps/eval/reports/02/childsum/childsum_5.html CHILD SUPPORT INITIATIVE: Final Evaluation Summary, Recommendations and Management Response] Canada Department of Justice, October 2002</ref> A major impetus to collection of child support in many places is recovery of welfare expenditure. A resident or custodial parent receiving public assistance, as in the United States,<ref>[http://www.acf.dhhs.gov/programs/ofa Temporary Assistance for Needy Families (TANF)]</ref> is required to assign his or her right to child support to the Department of Welfare before cash assistance is received. Another common requirement of welfare benefits in some jurisdictions is that the custodial parent must pursue child support from the non-custodial parent. ===Court procedures for obtaining Child Support=== In divorce cases, child support payments may be determined as part of the divorce settlement, along with other issues, such as alimony, custody and visitation. In other cases, there are several steps that must be undertaken to receive court-ordered child support. Some custodial parents may hire lawyers to oversee their child support cases for them; others may file their own applications in their local courthouses. While procedures vary by jurisdiction, the process of filing a motion for court ordered child support typically has several basic steps. # The custodial parent, or his or her attorney, must appear at the local magistrate or courthouse to file an application or complaint for the establishment of child support. The information required varies by jurisdiction, but generally collects identifying data about both parents and the child(ren) involved in the case, including their names, social security or tax identification numbers and dates of birth. Parents may also be required to furnish details relating to their marriage and divorce, if applicable, as well as documents certifying the identity and parentage of the child(ren). Local jurisdictions may charge fees for filing such applications, however, if the custodial parent is receiving any sort of public assistance, these fees may be waived.<ref>[http://www.in.gov/dcs/support/client/faq.html Department of Child Services] Indiana, USA</ref><ref>[http://app.subcourts.gov.sg/family/page.aspx?pageid=3771 Suboordinate Court of Singapore]</ref><ref>[http://www.ird.govt.nz/childsupport/custodians/applying/applying-cs/ Applying for child support] New Zealand Inland Revenue</ref><ref>[http://www.capegateway.gov.za/eng/directories/services/11575/17463 Getting a maintenance order] Western Cape Information Service, South Africa</ref> # Once the non-custodial parent is located, he or she will be visited by a local sheriff, police officer or process server and served with a court summons. The summons informs the non-custodial parent that she or he is being sued for child support. Once served, the non-custodial parent must attend a mandatory court hearing to determine if he or she is responsible for child support payments.<ref>[http://app.subcourts.gov.sg/family/page.aspx?pageid=3771 Suboordinate Court of Singapore]</ref><ref>[http://www.ird.govt.nz/childsupport/custodians/applying/applying-cs/ Applying for child support] New Zealand Inland Revenue</ref> # In cases where parentage of a child is denied, has not been established by marriage or is not listed on the birth certificate, or where [[paternity fraud]] is suspected, courts may order or require establishment of paternity. Paternity may be established voluntarily if the father signs an [[affidavit]] or may be proven through [[DNA testing]] in contested cases. Once the identity of the father is confirmed through DNA testing, the child's birth certificate may be amended to include the father's name.<ref>[http://laws.bahamas.gov.bs/statutes/statute_CHAPTER_130.html CHAPTER 130: STATUS OF CHILDREN; ARRANGEMENT OF SECTIONS] Commonwealth of Bahamas</ref><ref>[http://www.cse.ri.gov/services/establishment_paternity.php Establishment of Paternity] Rhode Island Office of Child Support Services</ref><ref>[http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c8.html CHAPTER 8 - PATERNITY ESTABLISHMENT] U.S Administration for Children & Families</ref><ref>[http://www.capegateway.gov.za/eng/directories/services/11575/17463 Getting a maintenance order] Western Cape Information Service, South Africa</ref><ref>[http://www.unescap.org/esid/psis/population/database/poplaws/law_fiji/fiji_008.htm Maintenance and Affiliation Act (Fiji)]</ref> # After the responsibility for child support is established and questions of paternity have been answered to the court's satisfaction, the court will order the non-custodial parent to make timely child support payments and any other provisions, such as medical orders, will be established. ===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.<ref>[http://www.supreme.state.az.us/dr/Text/CSMod.htm Things you should know about child support in Arizona] Supreme Court of Arizona, USA</ref><ref>[http://www.capegateway.gov.za/eng/directories/services/11575/17463 Getting a maintenance order] Western Cape Information Service, South Africa</ref><ref>[http://app.subcourts.gov.sg/family/page.aspx?pageid=3771 Maintenance calculation, Suboordinate Court of Singapore]</ref><ref>[http://www.justice.gc.ca/en/ps/sup/pub/guide/q_a.html The federal child support guidelines step by step] Canada Department of Justice</ref> 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.<ref>[http://www.csa.gov.uk/en/PDF/leaflets/new/CSL301.pdf Child support fact sheet] UK CSA</ref> <ref name=Arkansas/><ref>[http://www.ird.govt.nz/childsupport/paying-parents/workout-payments/how-much/ Formula Assessment of support payments] New Zealand Inland Revenue</ref> 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. <ref>[http://www.supreme.state.az.us/dr/Text/CSMod.htm Things you should know about child support in Arizona] Supreme Court of Arizona, USA</ref><ref>[http://www.mass.gov/?pageID=dorterminal&L=4&L0=Home&L1=Individuals+and+Families&L2=Child+Support+Services&L3=Manage+Your+Case&sid=Ador&b=terminalcontent&f=cse_parents_reqrev_intruc&csid=Ador Modify your court order] Department of Revenue, Massachusetts</ref><ref>[https://newyorkchildsupport.com/child_support_services.html#medicalSupportEstEnf "Medical Support Establishment and Enforcement"] New York State Division of Child Support Enforcement</ref><ref>[http://www.ird.govt.nz/childsupport/paying-parents/circ-change/contact/ When to contact Child Support] New Zealand Inland Revenue</ref> ===Distribution and payment === Child support payments are distributed in a variety of ways. In cases where a non-custodial parent is liable for specific expenses such as school tuition, he or she may pay them directly instead of through the custodial parent.<ref>[http://www.csa.gov.au/forms/1666.htm Child support agreement] Australia Child Support Agency</ref> In some jurisdictions, non-custodial parents are require to remit their payments to the governing federal or state child support enforcement agency. The payments are recorded, any portion required to reimburse the government is subtracted, and then the remainder is passed on to the custodial parent, either through direct deposit or checks.<ref>[http://jfs.ohio.gov/Ocs/employers/cspc.stm State of Ohio Office of Child Support]</ref><ref>[http://hawaii.gov/ag/csea/main/cs_payment_options/ Child support payment options] Hawaii Attorney General</ref><ref>[http://www.csa.gov.au/payee/payment-options.aspx Payment options] Child Support Agency Australia</ref><ref>[http://www.capegateway.gov.za/eng/directories/services/11575/17467 Enforcing a maintenance order] Western Cape Information Service, South Africa</ref> The first payee for child support depends on the current welfare status of the payee. For example, if the custodial parent is currently receiving a monthly check from the government, all current support collected during said month is paid to the government to reimburse the monies paid to the custodial parent. Regarding families formerly on assistance, current support is paid to the family first, and only after said support is received, the government may then collect additional payments to reimburse itself for previously paid assistance to the custodial parent. See 42 USC 657: "(A) Current Support Payments: To the extent that the amount so collected does not exceed the amount required to be paid to the family for the month in which collected, the State shall distribute the amount so collected to the family.".<ref>[http://uscode.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000657----000-.html § 657. Distribution of collected support] Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)</ref> Within the United States, a 2007 study conducted through the University of Baltimore estimates that 50% of all child support arrears are owed to the government to reimburse welfare expenses. Half of U.S. states pass along none of the child support they collect to low-income families receiving welfare and other assistance, instead reimbursing themselves and the federal government. Most of the rest only pass along $50.00 per month. The bipartisan 2006 Deficit Reduction Act and other measures have sought to reduce the amount of money claimed by the government and to ensure that more funds are accessible by children and families, noting that more non-custodial parents are willing to pay child support when their children directly benefit from payments. <ref> {{ cite web | title=Mothers Scrimp as States Take Child Support | publisher = New York Times | accessdate = 2007-12-04 | url = http://www.nytimes.com/2007/12/01/us/01child.html?_r=1&ref=us&oref=slogin | author = Erik Eckholm}} </ref> === Duration of support orders === The duration of support orders varies both by jurisdiction and by case. Requirements for support typically end when the child reaches the age of majority, which may range in age from 16 <ref>[http://www.opsi.gov.uk/si/si2001/20010157.htm Statutory Instrument 2001 No. 157 The Child Support (Maintenance Calculation Procedure) Regulations 2000] United Kingdom</ref> to 19 <ref>[http://www.justice.gov.ab.ca/mep/creditor_info.aspx?id=4457 Alberta Department of Justice, Canada]</ref><ref>[http://app.subcourts.gov.sg/family/faq.aspx?pageid=3703#] Subordinate Court of Singapore</ref><ref>[http://www.ird.govt.nz/childsupport/background/] New Zealand Inland Revenue</ref> or graduates from high school, whichever happens later. Some countries and states have provisions which allow support to continue past the age of majority if the child is enrolled as a full-time, degree-seeking post-secondary student.<ref>[http://www.ncsl.org/programs/cyf/educate.htm Termination of Child Support and Support Beyond Majority] National Conference of State Legislatures, USA</ref><ref>[http://app.subcourts.gov.sg/family/faq.aspx?pageid=3703#] Subordinate Court of Singapore</ref><ref>[http://www.justice.gov.ab.ca/mep/creditor_info.aspx?id=4457 Alberta Department of Justice, Canada]</ref>If the non-custodial parent owes back child support, he or she must continue to make payments until the debt is satisfied, regardless of the age of the child. Several circumstances exist which allow for the termination of a support order for a child under the age of majority. These include the child's marriage, legal emancipation or death.<ref> [http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000154.00.htm FAMILY CODE: CHAPTER 154. CHILD SUPPORT. SUBCHAPTER A. COURT-ORDERED CHILD SUPPORT] State of Texas USA</ref><ref>[http://www.opsi.gov.uk/si/si1992/Uksi_19921813_en_3.htm#mdiv7 Statutory Instrument 1992 No. 1813: The Child Support (Maintenance Assessment Procedure) APPLICATIONS FOR A MAINTENANCE ASSESSMENT] United Kingdom</ref> == Compliance and enforcement issues == === "Dead-beat" parents === {{Main|Deadbeat Parents}} Non-custodial parents who have developed arrears with respect to their child support obligations have been termed ''dead-beat'' parents. While "dead-beat" is a descriptive term used by some government officials, by the media and by child support advocacy groups, it is not the legal term used to describe such parents. Child support agencies typically describe clients as being ''in compliance'', ''not in compliance'' or ''criminally non-compliant''. Compliance is judged by the paying party's performance in meeting the terms of the legal child support court order. === Enforcement === Regulations and laws on the enforcement of child support orders vary by country and state. In some jurisdictions, such as Australia, enforcement is overseen by a national office. In others, such as Canada, the responsibility to enforce child support orders rests with individual provinces, with financial and logistical assistance from the federal government.<ref>[http://www.justice.gc.ca/en/ps/sup/enforcement/enforcement_overview.html#enforcement "Enforcement of support orders"]Canada Department of Justice</ref> In the United States child support enforcement is also handled largely at the state level, but non compliant parents who meet certain criteria, such as traveling across state lines to circumvent orders or owing more than two years of support payments, may be subjected to federal prosecution under the Federal Deadbeat Punishment Act.<ref>[http://www.usdoj.gov/criminal/ceos/child_support.htm Child support enforcement] United States Department of Justice</ref> One focus of Article 27 of the Declaration on the Rights of the Child is the establishment and strengthening of international treaties to further aid in child support order enforcement across national and international boundaries.<ref>[http://www.unhchr.ch/html/menu3/b/k2crc.htm] Convention on the Rights of the Child, Article 27</ref> Under these agreements, orders established in one country are considered valid and enforceable in another country, and may be pursued through local court processes. The goal of such conventions is to ensure that noncompliant parents will not be able to evade support payments by crossing an international border. To this end, various international conventions regarding interjurisdictional enforcement of maintenance orders have been created, including the Hague Conference's 1973 Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations<ref>[http://www.hcch.net/index_en.php?act=conventions.text&cid=85 Convention of 2 October 1973 on the Recognition and Enforcement of Decisions relating to Maintenance Obligations"] The Hague Conference, 1973</ref> and the 1956 United Nations Convention on the Recovery Abroad of Maintenance.<ref>[http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterXX/treaty1.asp "Convention on the Recovery Abroad of Maintenance"] United Nations, New York, 20 June 1956</ref> More than 100 nations currently have reciprocal arrangements for child support orders. Examples of reciprocal agreements include the UK Reciprocal Enforcement of Maintenance Orders (REMO)<ref>[http://www.csa.gov.uk/en/setup/remo-countries.asp#S5 List of REMO (Reciprocal Enforcement of Maintenance Orders) reciprocating countries] UK Child Support Agency</ref> and those of Canada,<ref>[http://www.justice.gc.ca/en/ps/sup/enforcement/enforcement_overview.html#list Overview of the Canadian System of Support Enforcement] Canada Department of Justice</ref> Australia and New Zealand,<ref>[http://www.ird.govt.nz/aboutir/reports/soi/soi-2004-2005/part1/2005soi-strengtheningourcustomerfocus-4cont.html Statement of Intent - 2004 - Part 1] New Zealand Inland Revenue</ref> the United States<ref>[http://travel.state.gov/law/info/info_608.html#states List of countries with reciprocal child support enforcement policies] U.S. Department of State</ref> and the European Union.<ref>[http://ec.europa.eu/civiljustice/maintenance_claim/maintenance_claim_ec_en.htm Maintenance claims across the EU] European Commission</ref> Consequences of non-payment vary by jurisdiction, the length of time the parent has been noncompliant, and the amount owed. Typical penalties include wage garnishment and denial or suspension of drivers, hunting and professional licenses.<ref>[http://www.utcourts.gov/resources/rules/ucja/14/05%20Lawyer%20Discipline/USB14-531.html Utah State Courts regulation on law licenses and noncompliance] USA</ref><ref>[http://www.legis.state.ia.us/Rules/Current/iac/650iac/65033/65033.pdf Iowa State Legislature Chapter 33: Child Support Noncompliance] USA</ref><ref>[http://www.justice.gc.ca/en/ps/sup/enforcement/enforcement_overview.html#list Overview of the Canadian System of Support Enforcement] Canada Department of Justice</ref> In the United States, noncompliant parents who are more than $2500 in arrears may be denied passports under the Passport Denial Program.<ref>[http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm FPLS: Passport Denial Program] United States Administration for Children and Families</ref> Noncompliance may also be treated as a criminal offense, and may result in prison sentences, fines and property seizure.<ref>[http://www.cffpp.org/publications/pdfs/crimstat.pdf Criminal statutes for non-payment of child support] Scott Sussman and Corey Mather, Center for Family Policy and Practice</ref><ref>[http://www.yukonmep.ca/pdf/mepguide04.pdf Yukon Territory Maintenance Enforcement Program fact sheet] Canada</ref><ref>[http://www.capegateway.gov.za/eng/directories/services/11575/17467 "Enforcing a Maintenance Order"] Western Cape governmental information service, South Africa</ref> == Child support laws in specific jurisdictions == {{Main|Child support by country}} For information on child support policies in specific countries, including Australia, New Zealand, the United Kingdom and the United States, please see [[Child support by country]]. == Criticism of child support policies == {{Main|Childrens' rights movement}} {{Main|Fathers' rights movement}} Current child support guidelines and policies have been criticized by certain groups. For more information and rationale, see the main article. ==See also== *[[Brian Stewart]] *[[Contact centre]] *[[Child Support Agency]] (UK) *[[Child Support Agency Australia]] *[[Joint custody]] *[[Parenting plan]] *[[Parental Alienation Syndrome]] *[[Shared residency in English law]] *[[Shared parenting]] ==References== <div class="references-small" style="-moz-column-count:2; column-count:2;"> <references/> </div> *Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) 42 U.S.Code §602a(1)& (2) *Child Support Agency Australia, 2006 ''Child Support Schemes: Australia and Comparisons 2006'' [http://www.csa.gov.au/publications/pdf/1248.pdf] ==External links== {{external links}} ===UK=== *[http://www.childsupportanalysis.co.uk/information_and_explanation/world/history_usa.htm History of Child Support in the USA] Child Support Analysis from the UK ===USA=== '''Government sites''' *[http://www.ssa.gov/OP_Home/ssact/title04/0458.htm 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 *[http://fatherhood.hhs.gov/charting02/executive.htm While 40% of children whose fathers live outside the home have no contact with their fathers, the other 60% had contact an average of 69 days in 1997.] U.S. Department of Health and Human Services *[http://www.acf.hhs.gov/programs/cse/pubs/2004/reports/preliminary_data/ CSE Government Program Reports] *[http://digital.library.unt.edu/govdocs/crs/search.tkl?type=subject&q=Child%20support%20enforcement&q2=LIV Congressional Research Service (CRS) Reports regarding child support] *[http://www.acf.dhhs.gov/programs/cse/extinf.html Office of Child Support Enforcement] by state *[http://www.usdoj.gov/criminal/ceos/child_support.htm "Today, a child support violator can be prosecuted under Federal law"] - child support enforcement *[http://childsupport.co.la.ca.us/ Child Support Services Department for Los Angeles County, California] - explains how to apply for free gov't services in Los Angeles '''''Census''''' *[http://www.census.gov/Press-Release/www/releases/archives/income_wealth/004012.html 84% of child support providers are men, $24 billion of child support reported as paid in 2002] U.S. Census Bureau *[http://www.census.gov/prod/2006pubs/p60-230.pdf Custodial parents reported aggregate of $37 billion of child support due in 2003, $25 billion received] U.S. Census Bureau *[http://www.census.gov/hhes/www/childsupport/childsupport.html U.S. Child Support Statistics] - [[U.S. Census Bureau]] '''''Guidelines and legislation''''' *[http://www.supportguidelines.com/links.html Links to Federal and State Child Support Guidelines] *[http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000228----000-.html Deadbeat Parents Punishment Act] '''Other sites''' *[http://www.payyourchildsupport.com Pay Your Child Support] - A community of indivuduals and a source of information for custodials and non-custodials involved in child support enforcement and payment issues *[http://the.honoluluadvertiser.com/article/2005/Apr/10/ln/ln03p.html Hawai'i at bottom in child-support ranking] *[http://www.ncsl.org/programs/cyf/PerformIB.htm Accurately Evaluating State Child Support Program Performance] *[http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uifsa96.pdf National Child Support Enforcement Association] *[http://www.ncsl.org/programs/cyf/licensechart.htm National Conference of State Legislators] - Driver License Suspensions for Child Support *Jensen, Geraldine. [http://www.familiesonlinemagazine.com/fathers.htm Who are the Father’s of Children on Welfare (TANF)? Can they pay child support?] Families Online Magazine. Association for Children for Enforcement of Support, Inc. 2003. Accessed 27 June 2007. ===Australia=== *[http://www.csa.gov.au Child Support Agency (CSA) Australia] - includes calculators and guides for separated parents *[http://www.csaonline.gov.au Child Support Agency Online] - a secure service for CSA customers and employers to conduct child support transactions online. [[Category:Divorce]] [[Category:Family law]] [[Category:Child support| ]] [[Category:Childhood]] [[Category:Parenting]] [[Category:Marriage]] [[da:Børnebidrag]] [[de:Kindesunterhalt]] [[fi:Elatusapu]] [[fr:Pension alimentaire]] [[he:מזונות]] [[it:Alimenti (diritto)]] [[nl:Alimentatie]] [[pl:Alimenty]] [[sr:Алиментација]] [[uk:Аліменти]]