Biological parents must financially support their children. That obligation usually lasts until the child reaches "the age of majority" (depending on state law, 18 or 21) or becomes self-supporting. The responsibility to provide support in the form of regular payments generally arises when one parent has primary custody of the child. An order for child support may be entered during or after a divorce. Either parent may be ordered to pay support depending upon how custody is arranged. An unmarried mother may also file a petition for child support in family court and an order for support will be entered once paternity has been established.
In every state, the amount of support is set after the needs of the child and the parent's income are assessed through the use of state specific guidelines. The paying parent must regularly make the ordered payments. Failure to remain current with child support obligations exposes the paying parent to significant penalties. Every state has a Child Support Enforcement office. Along with the family court, these agencies have the power to suspend professional or business licenses, take away driver's and recreational licenses, require payment of future owed sums in advance or place non-paying parents in jail when child support obligations are overdue. Once support has been ordered, both parents have the right to request changes and some states undertake regular review of existing orders without the need for a specific request. Paying parents face a difficult time when making a request that support be reduced. Even if a paying parent's current income is insufficient to meet their support obligations, a court may impute a higher earning capacity to them and order support based on that higher earning power. Because of the state specific requirements involved in child support, parents can benefit from the advice and involvement of an experienced family law attorney when child support issues arise.
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Marriage