Child Support
U.S. child support laws were enacted to ensure monetary support from non-custodial parents for children in cases where parents divorce. Child support enforcement agencies in each state perform the following tasks, as needed: establishing paternity, locating a non-custodial parent, enforcing child support orders, adjusting payments, collecting and distributing child support payments.Child Support Attorneys
An attorney specializing in child support issues will prepare the necessary documents for a child support lawsuit and represent you in court. Part of retaining an attorney is also obtaining his or her advice throughout the process. An attorney will help you understand the obligation to pay child support -- when that obligation ends; whether child support payments can be withheld from earnings; how child support affects tax returns; whether child support payments can be lowered in the event of job loss or lowered income; how the amount of child support is determined. These and other aspects of child support laws differ from state to state.
In some states, child support payments in arrears can impact a non-custodial parent’s visitation rights.
Modification to existing child support orders can be sought in cases where there has been a change of circumstances that would adversely affect the child if the order were not modified.
Interstate Child Support Issues
In cases where a child lives in a state other than the residence of the parent paying child support, attorneys are essential in the process of determining where the suit should be filed and, later, which state has the authority to modify an existing child support order. Most states have adopted the Uniform Interstate Family Support Act and the Uniform Reciprocal Enforcement of Support Law in order to govern interstate child support issues.
Recent Developments in Child Support Law
In the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, federal bankruptcy law was amended to provide preferential treatment for child support debts in a bankruptcy proceeding, elevating the support obligation ahead of most other creditors.
Another development in child support law is the Child Support Performance and Incentive Act, which established incentives for states to run their child support programs more effectively in the areas of collections on current payments and payments in arrears, as well as cost-effective operations.
The Deadbeat Parents Punishment Act made it a federal crime to willfully refuse to pay child support. When payments fall behind for a period longer than one year, additional fines and jail time accrue.
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