Child Support

In family law and government policy, child support or child maintenance is the ongoing obligation for a periodic payment made directly or indirectly by an ("obligor") to an ("obligee") for the financial care and support of children of a relationship or marriage that has been terminated, or in some cases never existed. Oftentimes, but not always, the obligor is a non-custodial parent. Oftentimes, but not always, the obligee is a custodial parent, caregiver or guardian, or the government. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically there is no gender requirement to child support, for example, a father may pay a mother or a mother may pay a father. Where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, thus a custodial parent (obligor) will be required to pay the other custodial parent (obligee). In family law, child support is often arranged as part of a divorce, marital separation, dissolution, annulment, determination of parentage or dissolution of a civil union and may supplement alimony (spousal support) arrangements.

Before parents can address the issue of child support, there must be an underlying action. If the parents are married, either the mother or the father must first file an action requesting dissolution of marriage, legal separation, nullity or file the petition for custody and support of minor children's action. If the parents are unmarred, either the mother or the father must file an action to establish the parental relationship or file the petition for custody and support of minor children. There is no legal obligation to pay child support from one parent to the other until there is a Court order. A Court order is obtained by requesting a hearing. Once an underlying action has been filed, the Court can address the issue of child support in the underlying action.

Because of the complexities in determining the available income and the options available in determining the amount of child support, competent legal advice is recommended.