State Child Support Laws
By federal statute, each state is required to base child support decisions on a set of consistent child support guidelines. However, states have broad authority to create their own guidelines, and so the system for determining child support varies greatly from one state to another.
In some states, child support is generally set based on a specific percentage of the non-custodial parent's income, and does not consider the custodial parent's income except perhaps in certain special circumstances. In other states, the child support award is based on a formula that combines the income of both parents in order to determine how much overall support the child would be receiving if the parents were still married, then allocates that burden according to the relative income of the parties.
Other factors play into some child support calculations as well. For instance, other children of one or both spouse may be factored into the equation, because those children are also entitled to support from their parents. However, in many states birth order may be a factor in the way additional children are treated in child support calculations.
Where one parent regularly exercises visitation rights or there is a shared custody arrangement, child support may be decreased in order to allow that parent to provide directly for the needs of the child during the time that he or she has visitation or custody.
Child Support Enforcement Procedures
Child support enforcement options also differ somewhat from state to state. In most states, a child support order can be enforced by a contempt action. The advantage of a contempt petition, sometimes called a Rule to Show Cause, is judges have broad authority in enforcing court orders, and refusal to pay child support may result not only in monetary penalties but in jail time. The threat of spending time in jail can provide a powerful incentive to keep child support payments current.
Many courts automatically enter wage garnishment orders when child support orders are entered, and in some jurisdictions the garnishment order is mandatory.
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Every state also has a state agency charged with child support enforcement. Private divorce attorneys are often able to move child support enforcement cases through the system more quickly and take greater action to discover assets and income of non-custodial parents. However, the agency backlog varies from state to state, and the agencies are able to provide services to people who might not be able to afford the services of a private attorney to pursue child support enforcement.