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LawyerLand › Legal 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.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of law firms for this.

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.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find a lawyer for this in your state

Choose your state to see Child Support law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Family Law” has no Child Support listing yet and opens the broader page.

  • Alabama (Birmingham)
    +1 other city
    • Montgomery
  • Alaska (Anchorage)
  • Arizona (Glendale)
    +6 other cities
    • Chandler
    • Gilbert
    • Mesa
    • Phoenix
    • Scottsdale
    • Tucson
  • Arkansas (Little Rock)
  • California (San Diego)
    +19 other cities
    • Anaheim
    • Chula Vista
    • Fremont
    • Irvine
    • Los Angeles
    • Modesto
    • Oakland
    • Oxnard
    • Riverside
    • Sacramento
    • San Bernardino
    • San Francisco
    • and 7 more with fewer listed firms
  • Colorado (Aurora)
    +2 other cities
    • Colorado Springs
    • Denver
  • Connecticut (Bridgeport)
  • Delaware (Wilmington, Family Law)
  • District of Columbia (Washington)
  • Florida (Jacksonville)
    +5 other cities
    • Hialeah
    • Miami
    • Orlando
    • St Petersburg
    • Tampa
  • Georgia (Atlanta)
  • Hawaii (Honolulu)
  • Idaho (Boise)
  • Illinois (Chicago)
  • Indiana (Fort Wayne)
    +1 other city
    • Indianapolis
  • Iowa (Des Moines)
  • Kansas (Kansas City)
    +1 other city
    • Wichita
  • Kentucky (Lexington)
    +1 other city
    • Louisville
  • Louisiana (Baton Rouge)
    +2 other cities
    • New Orleans
    • Shreveport
  • Maine (Portland)
  • Maryland (Baltimore)
  • Massachusetts (Boston)
  • Michigan (Detroit)
  • Minnesota (Minneapolis)
    +1 other city
    • Saint Paul
  • Mississippi (Jackson)
  • Missouri (St. Louis)
    +1 other city
    • Kansas City
  • Montana (Billings)
  • Nebraska (Lincoln)
    +1 other city
    • Omaha
  • Nevada (Henderson)
    +3 other cities
    • Las Vegas
    • North Las Vegas
    • Reno
  • New Hampshire (Manchester)
  • New Jersey (Newark)
    +1 other city
    • Jersey City
  • New Mexico (Albuquerque)
  • New York (Buffalo)
    +2 other cities
    • New York City
    • Rochester
  • North Carolina (Fayetteville)
    +5 other cities
    • Charlotte
    • Durham
    • Greensboro
    • Raleigh
    • Winston-Salem
  • North Dakota (Fargo)
  • Ohio (Cincinnati)
    +3 other cities
    • Cleveland
    • Columbus
    • Toledo
  • Oklahoma (Tulsa)
    +1 other city
    • Oklahoma City
  • Oregon (Portland)
  • Pennsylvania (Philadelphia)
    +1 other city
    • Pittsburgh
  • Rhode Island (Providence)
  • South Carolina (Columbia)
  • South Dakota (Sioux Falls)
  • Tennessee (Nashville)
    +1 other city
    • Memphis
  • Texas (Arlington)
    +12 other cities
    • Austin
    • Corpus Christi
    • Dallas
    • El Paso
    • Fort Worth
    • Garland
    • Houston
    • Irving
    • Laredo
    • Lubbock
    • Plano
    • San Antonio
  • Utah (Salt Lake City)
  • Vermont (Burlington)
  • Virginia (Virginia Beach)
    +3 other cities
    • Chesapeake
    • Norfolk
    • Richmond
  • Washington (Spokane)
    +2 other cities
    • Seattle
    • Tacoma
  • West Virginia (Charleston)
  • Wisconsin (Madison)
    +1 other city
    • Milwaukee
  • Wyoming (Cheyenne)

Related terms

Other entries in the same area of law, each written from the same primary sources.

  • AdoptionThe court order that makes a child legally the son or daughter of someone other than the birth parents - the kinds of adoption, whose consent is required, how the birth parents' rights end, the home study and the hearing, and what the order changes about inheritance, records and the child's name.
  • Annulment (Void and Voidable Marriage)A court judgment declaring that a marriage was never valid, as distinct from a divorce that ends a valid one - the difference between a void and a voidable marriage, the grounds each state recognizes, who may bring the case, and what an annulment does to property, support and children.
  • Common-Law MarriageA marriage formed without a license or ceremony by living together as spouses and holding yourselves out as married - which states still allow it, what has to be proved, why every state recognizes one validly formed elsewhere, and what it means for property, support and inheritance when the relationship ends.
  • Dividing Retirement Accounts in Divorce (QDRO)How pensions, 401(k) plans and IRAs are divided at divorce without tax or penalty - what a qualified domestic relations order is and why a divorce decree alone is not enough, the difference between a defined-benefit and a defined-contribution split, the plans that need a different order, and the mistakes that cost a former spouse the share the decree awarded.
  • Establishing PaternityThe legal step that makes a man a child's father in law - and signing the hospital form is one of two routes, not a formality.
  • Grandparent and Third-Party VisitationWhen a court can order that a child spend time with a grandparent, step-parent or other non-parent over a parent's objection - the constitutional limit set by the Supreme Court, the circumstances in which state statutes allow a petition, the special weight a fit parent's decision receives, and what a petitioner must prove.
  • Grounds for DivorceThe legal basis a divorce is granted on - and in every state today at least one basis requires proving no wrongdoing by anyone.
  • Guardian ad Litem and Custody EvaluatorThe two neutrals a court most often appoints in a contested custody case - what a guardian ad litem does and does not do, how it differs from a child's attorney and from a custody evaluator, who pays, what they may see, and how their reports are used at trial.
  • Guardianship of a MinorA court order giving an adult who is not the parent legal authority over a child's care, or over the child's property, without ending the parents' rights - how it differs from custody and adoption, who can be appointed, what the parents keep, and how it ends.
  • Legal and Physical CustodyTwo different things the word "custody" covers: who makes major decisions for a child, and where the child lives.
  • Legal SeparationA court status in which spouses live apart with binding orders on support, property and children, while remaining married.
  • Marital Property DivisionHow a court splits what a couple owns - and "equitable" means fair in that state's judgment, which is not the same as half.
  • Modifying a Custody or Support OrderChanging an existing family court order - which usually requires proving something has changed, and never happens by the parents' agreement alone.
  • Parenting Plan and VisitationThe written schedule and decision-making rules for a child after separation - and the document courts increasingly require rather than invite.
  • Prenuptial AgreementA contract made before marriage about property and support - enforceable in every state, and set aside more often than most people expect.
  • Protective Order (Restraining Order)A court order telling one person to stop contacting or coming near another - enforceable by police, and valid across state lines.
  • Relocating With a ChildMoving a child away from the other parent - the family law dispute most likely to require the court's permission before the move, not after.
  • Spousal Support (Alimony)Payments from one former spouse to the other - discretionary in most states, and taxed differently for instruments made after 2018.
  • Termination of Parental RightsThe court order that permanently ends the legal relationship between a parent and child - the grounds a state must prove, the heightened standard of proof and right to counsel, the difference between voluntary relinquishment and an involuntary petition, and what the order does and does not end.

« All glossary terms

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.
If you cannot afford a lawyer, civil legal aid programs provide free help with many of these problems: civil legal aid programs by state.
Related free reference tools: statute of limitations for a personal-injury claim, by state, quoted from each state's official text - part of LawyerLand's legal reference tools.
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