By Joan Baker

Child support laws exist to protect children and parents. Single parents who are victims or abuse or violence benefit greatly from these laws, as are single parents who have amicably divorced. These payments ensure that a child or children do not become disadvantaged due to the break up of their parents. Courts have the power to issue these orders and every state has their own law.

Without financial support, single parent families would struggle to survive. A court will decide what level of support is fair and appropriate for each situation and this may differ depending on a number of factors. Judges have flexibility in most states in terms of stating how much must be paid by the non-custodial parent. A judge’s decision is final but an appeal can be placed.

The parent who earns more generally has to contribute more to the well being of the child. If the non-custodial parent earns less than the custodial parent then they will generally have to pay less child support than if they earned more. The idea is to balance the finances so that the child or children have the best opportunity for a normal life after the parents have separated. It is not only income that is taken into account when determining the support amount, but also the assets of each parent such as the family home. The ultimate aim of the law is to ensure a certain standard of living for the child that would be possible if the parents were still together.

If the non-custodial parent is unable to pay child support then the court is able to temporarily suspend the payments until the circumstances change. The parent will be encouraged to get a higher paying job and the custodial parent must then be reimbursed for the extra expenses that were incurred during the non-payment period.

In the event of split custody, a court will determine child support requirements on a case by case basis. If the child is with each parent half of the time equally then certain laws may be waived or suspended, however it is too complicated a subject to speculate generally.

Child support laws are vital if the welfare of children is to be considered once their parents are separated. Speak to your local Child Support agency to find out specific information about your state laws.

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Joan Baker is an expert in child custody after going through her own custody ordeal, researching the laws and now helping other women going through the process.

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