LawyerLandLegal Glossary

Child Support

Money one parent pays the other toward a child's living costs, set in most cases by a state formula rather than by negotiation.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

What it means

Child support is a payment toward the cost of raising a child, and the thing that surprises people most about it is how little discretion is usually involved. Federal law requires every state to publish numeric guidelines and to apply them as a rebuttable presumption, so in the ordinary case the amount is produced by running the parents' figures through the state's formula rather than by arguing about what is fair.

What the formula consumes differs by state - typically both parents' incomes, the number of children, the division of parenting time, and who pays for health insurance and childcare. A court can depart from the guideline figure, but it generally has to say in writing why the guideline result would be unjust or inappropriate in that case.

Two points cause most of the confusion. Support belongs to the child, not to the receiving parent, so parents cannot bargain it away between themselves in the way they can divide their own property. And support and parenting time are legally separate: withholding one because the other is not happening is not a remedy, and courts treat it as its own problem.

Where this comes from

The guideline requirement is federal - 42 U.S.C. § 667 and 45 C.F.R. § 302.56 require each state to establish numeric guidelines, review them at least every four years, and apply them as a rebuttable presumption. The formulas themselves are state law and differ substantially, so the controlling numbers are always the ones adopted by the state where the order is made.

When people hire a lawyer for this

The two moments worth advice are when the order is first made - because the inputs to the formula, particularly income and parenting time, are where the real argument is - and when circumstances change. A support order does not adjust itself when someone loses a job or a child's needs change; it is modified by going back to court, and until that happens the existing order keeps running.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.