Have you ever stopped to consider what the words, “Child Support” really mean? Right away most of us probably think of money. And, yes, that’s a major factor. But the money is simply a way of supporting your children among the many other ways you look after and care for your offspring. Unfortunately, after a divorce, it can be a source of contention. This article is meant to be a general guide for you to use in case you need it.

The amount of support

Child Support amounts can consist of an agreement decided upon in negotiations and/or mediation, or by a court decision concerning how much your child will receive from the person paying the support. The amount is set according to a percentage of the paying parent’s income. Along with child support, the two divorcing parents can agree on who pays medical insurance, or the court may order one or both parents to provide insurance for the children, or require the non-custodial parent to help with medical bills.

Something a paying parent might not realize is that guidelines don’t always base the monthly amount on what that parent earns. It can be based on what the parent is capable of earning. Education, job skills, and possible wages are all calculated. So if the paying parent takes a low-wage job to avoid making higher child support payments, the court may order a higher amount anyway.

Making payments

In an amicable divorce, the parents often handle the child support themselves and don’t need help or involvement from the state-run child support agency. However, in many cases, the paying parent sends his or her monthly check through the agency. This is a good method to use if the paying parent suspects that the ex might lie in court and claim that he or she never paid. It’s important for the non-custodial parent who is obligated to make monthly child support payments to protect him or herself.

Never make payments in the form of cash unless there is a receipt.

Child support and taxes

States work hard to help families receive the child support they deserve. It’s to everyone’s benefit, since families who get child support often don’t need to receive public assistance; this obviously keeps taxes down.

There is a tax credit available to moderate and low-income working families and individuals. It’s called the Federal Earned Income Tax Credit. It can provide a refund even to families with incomes so low that they don’t owe any federal taxes.

To find out more information about this tax credit, you can call the IRS at 1.800.829.1040, or check out their website IRS.gov.

The federal umbrella

All states receive assistance, guidance and some money from the Federal Office of Child Support Enforcement, or OCSE. Additionally, OCSE can help locate parents.

The purpose of OCSE and the various state-run agencies is to cooperatively ensure that both parents support their children.

Generally, the state in which you live can offer help with the following issues:
• asking the court to order
• enforcing the child support decree
• collecting from parents living in other states
• setting-up income withholding with the paying parent’s employer if necessary
• finding a missing parent
• helping establish legal paternity
• reviewing court orders if changes in fortune have occurred.

Most states work cooperatively with other states to find missing parents and acquire overdue payments. They have computer systems that can determine if a non-paying parent has a job or is receiving unemployment.

Sometimes there’s disagreement about fatherhood. (We could be talking Jerry Springer here). In the most serious cases, the agencies can provide genetic testing to establish beyond doubt who the father is.

Attorneys, mediators and helpful websites

Attorneys can provide important information that parents need during and after their divorce; however, parents no longer have to depend solely upon attorneys. There is a lot of research available these days, thanks to the Internet. Remember, though, that child support laws vary by state. Each state has its own website dedicated to making information available about child support laws, issues, and requirements. You can find links to all fifty states HERE.

On these state websites, there are child support calculators available to help you figure how much you should get or how much you may owe.

Custody and child support are such complicated issues with far-reaching repercussions, however, that it remains a good idea to retain an attorney who can help with the specifics.

To assist you in navigating the pitfalls and landmines of divorce, check out other articles, as well as newsletters and audiotapes on stopmarryingmistakes.com.
You can also order the book: Stop Marrying Mistakes, Using Principles to Claim a Healthy Relationship by Dr. Kevin B. Skinner, LMFT and Lisa J. Peck, on the same website.

How long child support lasts

Child support generally ends when a child reaches the age of maturity. This is usually eighteen, but in some states can be as high as age twenty-three, and where a child is incapacitated, it can go on longer.

Review of existing orders

At times it becomes necessary to review child support. This can be done at the request of either parent and is performed by the local agency. In fact, every three years, both parents may be notified of their right to ask for a review.

Two things are examined in a review.

• Whether the ordered amount agrees with the state’s guidelines
• If the order includes a provision for health insurance for the child if insurance is available at a reasonable cost

If the original order includes both of these details, the agency may not ask the court to change the order. If it doesn’t, then the agency may ask for a change.

A review is done when:

• Either parent asks for a review and there has been no review for three years.
• A state agency requests the review. For instance, this can happen when the child is in foster care.
• The court orders a review
• The agency might agree to a special review if there has been a substantial change in circumstances, as when a parent is laid off or the child goes to live with someone else.

If a review is ordered, both parents will receive notice.

A change in child support

An adjustment can be made to child support because of special circumstances. It can go up or down due to the changes. It may also require one of the parents to contribute to health insurance.

If both parents agree to the change, the child support agency will submit the agreement to the court, which must make final approval. If the parents cannot agree, then the court will decide whether or not to make the change.

Child support agencies don’t charge any fee for reviewing or changing the orders. However, the court clerk usually charges a modest filing fee, which the parent who requested the review pays.

When your ex doesn’t pay

A sobering statistic from the National Child Enforcement Agency claims that our national child support debt is over $122 billion, and that 82% of this is not being collected by the federal government. If this statement is factual, it means that a staggering number of parents are struggling without any assistance.

Many times separated or divorced parents, both mothers and fathers, end up with little or no financial support from the other parent. If you’re a divorced parent receiving regular checks from your ex, congratulate yourself. It’s all too rare.

Ways to collect past due support:

• The credit bureaus can be notified of the unpaid support, which will adversely affect the ex’s credit.
• Support can be taken from tax refunds. In fact, Dennis Cauchon, who writes for USA Today, reports that 2 billion dollars of the economic stimulus checks from 2008 will be diverted to pay for child support, student loans and back taxes.
• Support can also be taken from lottery winnings.
• In some states, deadbeat parents can even lose their driver’s license.
• The court might get involved, and if the ex refuses to search for a job, a jail sentence can be levied.
• In the worst cases, the district attorney brings criminal charges against the non-paying parent.
• In most states, those families who use food stamps, temporary assistance for needy families, and/or Medicaid, are allowed to receive free child support services to help them collect unpaid support.
• Check your state’s child support website for suggestions and details by typing your state’s name in your search engine.
• The child support agency involved in your case might ask the court to take action against the non-paying parent in a procedure called Judicial Enforcement. Charges, like civil contempt or criminal non-support, can be filed against the offending parent. If convicted, the parent can be fined or jailed.
• Laws now give child support agencies the ability to pursue what is called Administrative Enforcement. This allows the agency to take action without asking the court’s permission.
• A tool called “Child Support Lien” can be used. This lien places a hold upon property until the overdue support is paid. If the child support lien isn’t taken care of, it can be next to impossible to sell or transfer the property. If a lien is placed, the parent will be sent a “Notice of Lien and Credit Bureau Reporting.” This will tell you the amount of the lien and explain your right to dispute.

Putting your children first

Our children deserve our support, financially, emotionally, and psychologically. Even if you can’t be with them every day, even if you live in another country, send the child support check. Send pictures and letters too, and tell them you love them as often as you can. Someday, when they’re grown and your relationship with them is fantastic, you’ll know the extra effort was worthwhile. Whatever situation you are in, make a stand for your children.

The short answer is that is no. Child support and visitation are seen as two different issues under the law. A parent does not “earn” the right to have an ongoing relationship with their child by the simple fact that they pay child support, and does not necessarily mean that they lose that right if they stop paying.  It would make sense it seems, but unfortunately it just doesn’t work that way. Before you attempt to withhold visitation rights due to unpaid child support, you should consider the following:

Visitation is Your Child’s Right
Even though the non-custodial parent may be behind on their payments, and in spite of your own personal feelings, it is ultimately your child’s right to be able to know and enjoy a relationship with both parents. If the non-custodial parent cannot keep up with their payments (due to a job loss for example), then your child shouldn’t have to “pay” by being prevented from having an ongoing relationship with them.

Financial Support is the Responsibility of Each Parent
Also, it is the responsibility of both of the parents to provide for their child’s financial needs. Deciding to terminate a relationship with one’s child, as some non-custodial parents do, does not excuse that parent from their financial obligation. Therefore, a parent who does not see their child on a regular basis, is still required to pay the child support.

What Should You Do About Unpaid Child Support?
If you are frustrated over the ability to collect unpaid child support, you should contact your local Office of Child Support Enforcement to report the issue. They will be able to apply certain sanctions, such as wage garnishing, not allowing them to obtain a passport or renew a drivers license, intercepting other payments such as unemployment compensation, and even jail time.

Check the resources section of this site for more information.

In summary, deciding to withhold visitation because of unpaid child support is not a smart move. When some jurisdictions determine custody issues, they are placing an increasing importance on whether one parent supports the child’s relationship with the other parent. If you attempt to withhold visitation – except in such situations where you believe your child may be in danger – it could ultimately be used against you.

Searching For That Number

There are plenty of free reverse number lookups available on the Internet.   If the number is a published land line, you should get the information you want, including the name of the owner and the entire address of the owner.

If you’re lucky enough to get results, then your search can stop there. In most cases, you’ll need to try a slightly different approach.

Usually, the reason you’ll run into problems is that the number belongs to a cell phone. Because there is no central database of cell phone numbers, free reverse phone directories cannot return information on those numbers. You also won’t be able to get information on landline numbers that are unlisted or non-published.

Don’t bother trying multiple reverse phone directories in order to find the owner of a phone number, either. Most use the same databases, so if you don’t score results at one then you won’t fare any better at another site.

Find a Phone Number Owner – With Our Reverse Phone Detective Database.

Instead, you may have to use another method. For a reasonable fee, you can access all of the information you need about the owner of a phone number using our Reverse Phone Detective. Our database gives you accurate, up-to-date information using both land line and cell phone searches.

Our exclusive database includes broad coverage of the entire United States – with better results than you’ll find at most other sites. We also give you free search assistance, access to expanded people search databases, and more.

In addition, we also give you a 100%, ironclad guarantee – if you don’t get results, you don’t pay. It’s a no-brainer!

To use our reverse lookup service, you will pay a fee which gives you an unlimited number of searches inside the members’ area, plus a premium full phone report. After you sign up, just enter the phone number you want to find, click “Search,” and you’ll have your information.  It’s that easy!

Find-Deadbeat-Dads Reverse Phone Lookup

If your ex-husband is a union member, his local union may provide you with information about his new employer.

Ask your local child-support enforcement agency to help you get the IRS to release information from your husband’s tax return.

Going to Court

You can hire a lawyer to help you enforce payment through your state or district attorney’s office, although the backlog of cases may mean your case is not a high priority. In some states, lawyers take child-support cases on a contingency basis. This means they take a percentage of the amount collected, but not every state permits lawyers to handle these cases on this basis. And while you will have legal fees, the court can order the delinquent parent to pay them.

Some collection agencies will also take on child-support collection cases. But they also usually charge a percentage of the money they collect as their fee.

Place a lien against your ex-husband’s personal property, such as his car, or against the real estate he owns. This can make it difficult for him to sell without first meeting his obligation and satisfying his child-support debt. State laws may limit the kind of property that you can file a lien against, so you should consult with your child-support enforcement agency or a lawyer to find out the specific rules in your state.

Here are 9 things you can do to prepare yourself for a divorce so you can remain financially solvent in 2009.

1. Find out as much about your marital finances as possible before you file for a divorce, so that there will be no surprises in court.

2. Try to find out as much as possible about your job security and if you aren’t employed, see what your options are for employment.

3. Carefully consider all options, especially whether or not the marriage can be saved.

4. Think about your house. Does it have negative equity? Can you afford to make the payments? Do you want to stay in the house, or leave?

5. If you have children, think about your children. Can you work with your soon to be former spouse regarding child custody and parenting time? What arrangement makes sense for you?

6. Build a divorce support system among family and friends, because this will be important as you go through a divorce.

7. Keep a journal. Keep track of incidents and events. Do this both before and during the divorce.

8. Prepare budgets. Try to figure out either individually or with a financial planner or a divorce attorney, what you will need to live on once the divorce is final.

9. Find a good divorce attorney, someone you can trust, someone you can work with, someone who will not try to take advantage of you.

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Child Support Non Compliance

This is when the non-custodial parent avoids paying, or simply refuses to pay any child support. Typically society views these parents as “deadbeats” and a very unfavorable image is portrayed of them. However there are often many reasons why the non custodial parent may choose not to pay child support. Reasons such as to protest the lack of visitation rights, or the lack of proof that the money is actually being spent on the kids are the most common reasons. The other being simply that they cannot afford to pay.

What Can a Government Agency Do?

Many agencies (State, Provincial and Federal) have taken steps to intervene when a parent is in noncompliance of payment. Such actions typically are suspension of driving privileges, or perhaps suspension of a business or other professional license. This can occur because the Government entity usually has the ability to oversee the licenses that are granted within their State or Province.

In cases where the parent has failed to pay for an extended period of time, it is possible for the Government agency to garnish wages directly from the parent. This money is then typically disbursed to the custodial parent by the agency that oversees the collection of child support monies…
In worse cases of noncompliance the Government can send the deadbeat to prison. This is typically the last resort, and worse case scenario since no one really benefits from this arrangement as the parent cannot pay if he is not earning. However, it does place the parent under more stringent observation, such as having to report to a parole or probation officer. And these parents will typically find a way to pay, knowing that they could be returned to prison if they do not.

Failure to pay child support is not really an option of protest for a parent. If a court has ordered the payment of child support, and all other legal remedies have been exhausted, it is obviously in the parent’s best interest to pay up.

Goodparentspay.com is just one tactic among others that the government has been using to whittle down the $1.3 billion in arrears owed in Ontario, along with other measures including confiscating passports and suspending driver’s licenses. The website is similar to one launched by the Alberta government several years ago. Alberta also announced that it would collect lottery winnings and restrict hunting and fishing licenses as ways to collect court-ordered support payments.

The Ontario deadbeat dad case underscores the challenge presented by this social problem and the lengths to which Canadian governments have gone in the attempt to make parents honor their financial support obligations.

Canadian law has determined that provinces and territories share responsibility with the federal government for matters relating to child support. In general, the federal Divorce Act sets out the rules for setting child support amounts if one is already divorced or planning to divorce. Provincial laws apply if one has never been married, is separated or planning to separate, but has decided not to divorce.

The regulations under the Divorce Act that help parents set child support amounts are called the Federal Child Support Guidelines. These guidelines consist of a set of rules for determining the amount of support that a paying parent should contribute toward his (or her) children. The guidelines came into effect on May 1, 1997; but if either parent wants to change the amount of a child support order or agreement prior to this date, he or she can either amend the existing order or agreement with the other parent or obtain a new court order.

It is important to note that there are separate tables for each province and territory, and those amounts vary from one province or another due to differences in provincial income tax rates. Changes to the tax treatment of child support (also effective as of May 1, 1997) has determined that such support is no longer taxable in the hands of the receiving parent and no longer deductible in the hands of the paying parent.

With regards to enforcement measures, the federal government amended other federal laws to provide the provinces and territories (which are primarily responsible for enforcement) with additional tools for collecting child support.