In family law and public policy, child support (or childcare ) is periodic payments made by parents for a child's financial gain (or parent, caregiver, guardian, or state) after the end of marriage or any other relationship. Childcare is paid directly or indirectly by a obligor to a obligee for the care and support of children of discontinued relationships, or in some cases never existed. Often obligors are non-custodial parents. Obligee is usually a custodian, caregiver, guardian or state parent.
Depending on the jurisdiction, the custodial parent may pay child support to a non-custodial parent. Usually a person has the same obligation to pay child support regardless of sex, so a mother is required to pay support to a father like a father must pay a mother. In some jurisdictions where there is shared custody, the child is considered to have two custodial parents and no non-custodian parent, and a high-income custodian parent may be required to pay the other custodian (Obligee) parent. In other jurisdictions, and even with legal residence, unless they can prove an exact contribution, one parent will be considered a non-resident parent for child support and must pay another parent of their income; income or needs of the "resident" parent are not assessed.
In family law, child support is often regulated as part of a divorce, marital separation, cancellation, parental determination or dissolution of a civil union and may add benefits (spousal support).
The right to child support and parental responsibility to provide such support has been recognized internationally. The 1992 United Nations Convention on the Rights of the Child is a binding convention signed by each member country of the United Nations and formally ratified by all countries except the United States of America. It states that the upbringing and development of children and an adequate standard of living for the development of children is a shared responsibility of both parents and basic human rights for children, and affirms that the primary responsibility for providing such for children, children are located with their parents. Other UN documents and decisions relating to the enforcement of child support include the 1956 New York Convention on Overseas Recovery Treatments made under the auspices of the United Nations, which have been ratified by 64 UN member states.
In addition, the right to child support, as well as specific implementation and enforcement measures, has been recognized by various other international entities, including the Council of Europe, the European Union, and the Hague Conference.
In each country, examples of laws relating to, and establishing guidelines for, implementation and collection of childcare include the Family Law Act 1975 (Australia), Child Support Act (UK) and Maintenance and Affiliation Act (Fiji ). Child support in the United States, 45 C.F.R. 302.56 requires each country to establish and issue Guidelines alleged (but correct) true, and Review the Guidelines, at a minimum, every four (4) years. Child support laws and obligations are known to be recognized in most of the world's countries, including the majority of countries in Europe, North America and Australia, as well as in Africa, Asia and South America.
Video Child support
The legal theory
Child support is based on the policy that both parents are obliged to financially support their children, even when children are not living with their parents. Child support includes financial support of children and not other forms of support, such as emotional support, intellectual support, physical care, or spiritual support.
When children live with both parents, the court rarely, if ever directs parents how to provide financial support for their children. However, when parents are not together, the court often instructs one parent to pay another amount that is designated as a child's financial support. In such a situation, one parent ( obligee ) receives child support, and the other parent (obligor ) is ordered to pay child support. The amount of child support can be set on a case-by-case basis or by a formula that estimates the amount that the parent has to pay to support their children's finances.
Child support can be ordered to be paid by one parent to another when the non-custodial parent and the other are the custodial parent. Similarly, child support can also be ordered to be paid by parents to other parents when both parents are custodial parents (shared or custody) and they share the responsibility of raising children. In some cases, parents with single custody of their children may even be ordered to pay child support to non-custodial parents to support children when they are in parental care.
Child support paid by a parent or an unconquerable party, does not relieve the party responsible for the costs associated with their child who lives with the obligor in their home during the visit. For example, if a bondor pays child support to an Obligee, this does not mean that the Obligee is responsible for food, shelter, furnishings, toiletries, clothing, toys or games, or other child charges that are directly related to the child living with the person old or non-custodian bonds.
In most jurisdictions it is not necessary for parents to marry, and only paternity and/or pregnancy (filiasi) need to be demonstrated for the child's support obligations to be found by a competent court. Child support can also operate through the principle of estoppel where de facto parents are within loco parentis for sufficient time to establish permanent parent relationships with children or children.
The Canadian Court is different in that the "Divorce Act" sets out in detail, the financial responsibility of the "Non-Custodian" parent while the "Custodian" parent's responsibility is not mentioned. As a result, the Canadian court restricted itself to dividing the "Non-Detention" parents income and giving it to the "Custodian" parent. While the court acknowledges that the child has "support expectations from both parents", there is no legal precedent under the "Divorce Act" which indicates that the parent "Custodian" has an obligation to support the child. In addition, the court strongly opposes any attempt by the "No Custody" parent to ensure "Child Support" is actually used for the child.
Maps Child support
Child support vs. contact
While support issues and child visits or contacts may be resolved in the same divorce or paternity agreement, in most jurisdictions, two rights and obligations are wholly separate and individually applicable. The custodial parent should not withhold contacts to "punish" the parent without custody for failing to pay part or all of the child support required. Conversely, parents without custody are required to pay child support even if they partially or completely reject contact with the child. Furthermore, child support is established between parents as well if joint custody is provided, but the child spends most of his time with one parent.
In addition, non-custody parents are responsible for the payment of child support even if they do not wish to have a relationship with the child. The Court has stated that the child's right to the financial support of the parent replaces the adult's desire not to take the role of parent.
Although child support and contact is a separate issue, in some jurisdictions, the latter may affect the former. In the United Kingdom, for example, the amount of reserved support can be reduced based on the number of nights per week that are regularly spent on support that gives parents homes.
Use of child support payments
Most international and national child support regulations recognize that every parent has an obligation to support her child. Under this obligation, both parents are expected to share responsibility for the cost of their children. What distinguishes between jurisdictions is which "expenses" are covered by "Child Support" and which are "Extraordinary" and are beyond the definition of "Child Support"
The collected support funds are often considered to be used for child expenses, such as food, clothing, and ordinary education needs, but that is not necessary. Under California law, for example, child support money can be used to "raise the standard of living of custodial households" and the recipient does not have to account for how money is spent.
Child support orders may allocate funds for certain items for children, such as school fees, child care, and medical expenses. In some cases, the parent's obligor can pay for these items directly. For example, they can pay tuition directly to their child's school, instead of sending the tuition money to the Obligee. Orders may also require each parent to take a percentage of expenditure for various needs. For example, in the US state of Massachusetts, custodial parents are required to pay the first $ 100 of uninsured annual medical costs incurred by each child. Only then will the court consider the provision of child support money from non-custodial parents to be used for those expenses. The Canadian Court provides child support through "Federal Child Support Guidelines" based on income, but "Extraordinary Charges" can be ordered.
Many American universities also consider non-custodial parents partly responsible for paying tuition, and will consider parental income in determining their financial aid. In certain countries, non-custodial parents may be ordered by the court to assist in this expense. Universities in Canada have different standards but basically mimic the required provincial standards for student loan worthiness. While both parents are expected to provide support, the "Custodian Parent" is rarely ordered to provide it while the "Non-Detention" parents are required to provide it under the law.
In the United States, obligors can accept medical orders that require them to add their children to their health insurance plan. In some countries, both parents are responsible for providing health insurance for children/children. If both parents have health coverage, the child can be added to a more profitable plan, or use one to complement the other. Children from members of the active or retired US Army are also eligible for health insurance as a military dependent, and may be enrolled in the DEERS program at no cost to the obligor.
Accountability rules for child support allowances vary by country and country. In some jurisdictions, such as Australia, child support recipients are believed to use support payments in the best interests of the child, and are therefore not required to provide details about specific purchases. In California, there is no limit, accountability, or other restrictions on how the obligee spends the child's support received, it simply assumes that the money is spent on the child. However, in other jurisdictions, a child support beneficiary may be legally asked to provide specific details of how child support funds are spent at the request of a court or non-custodial parent. In the United States, 10 states (Colorado, Delaware, Florida, Indiana, Louisiana, Missouri, Nebraska, Oklahoma, Oregon, and Washington) allow courts to demand cost and expense accounting from custodial parents. In addition, the Alabama court has authorized such accounting under certain special circumstances.
Obtain child support
Child support laws and regulations vary across the world. Legal intervention is not mandatory: some parents have informal or voluntary agreements or arrangements that do not involve the courts, where child financial support and/or other expenses are given to other parents to help support their child (ren). Voluntary maintenance arrangements may be in certain jurisdictions approved by the judicial authority.
The main thrust for collecting child support in many places is the recovery of welfare expenditures. Citizens or custodial parents who receive public assistance, such as in the United States, are required to give their right to child support to the Welfare Department before cash assistance is received. Another common requirement of welfare benefits in some jurisdictions is that custodial parents should pursue child support from non-custodial parents.
Court procedure
In the case of a divorce, child benefit payments can be determined as part of the settlement of the divorce, along with other issues, such as benefits, custody and visitation. In other cases, there are several steps that must be taken to receive child support ordered in court. Some parents who anticipate that they will receive child support can hire a lawyer to supervise their child support case for them; others can file their own applications in the local courthouse.
While procedures vary according to jurisdiction, the court motion filing process of ordering child support usually has some basic steps.
- One parent, or his lawyer, must appear at a local magistrate or courthouse to file a petition or complaint for the formation of child support. The information required varies by jurisdiction, but generally collects identification data about parents and children (ren) involved in the case, including their name, social security or tax identification number and date of birth. Parents may also be asked to provide details relating to their marriage and divorce, if applicable, as well as documents stating the identity and offspring of the child (ren). Local jurisdictions may charge a fee for filing the application, however, if the parent filing receives any public assistance, this fee may be overruled.
- The other parent is located, and serves a subpoena by the local sheriff, police officer, bailiff or process server. Calls notify other parents that they are sued for child support. Once aired, the other parent must attend a mandatory court hearing to determine if they are responsible for child benefit payments.
- In cases where the offspring of a child are denied, have not been established by marriage or not listed on the birth certificate, or where the father's fraud is suspected, the court may order or require the establishment of paternity. Fathers can be voluntarily established if the father signs a statement or can be proven by DNA testing in the case of contested. Once the father's identity is confirmed through DNA testing, the child's birth certificate may be changed to include the father's name.
- Once responsibility for child support is established and questions about the father have been answered for court satisfaction, the court will notify the obligor and instruct the parent to make the child benefit payment in a timely manner, the cost (which may be 0, $ 60, or more ) and make other provisions, such as medical orders. Generally dads will be required to pay for genetic testing.
Count the number
A variety of approaches to calculating the amount of child support award payments exist. Many jurisdictions consider many sources of information when determining support, taking into account parental income, the number and age of children living at home, basic living expenses and school fees. If the child has special needs, such as treatment for serious illness or disability, this cost can also be considered.
Guidelines for support orders can be based on laws that require debtors to pay a fixed percentage of their annual income to their children's expenses. Often two approaches are combined. In the UK, for example, there are four basic levels of child support based on the earnings of obligors, which are then modified and adjusted based on several factors. In the United States, the federal government requires all countries to have guidance calculations. Guidance is the percentage of income or more usually in the form of a list of income tables and the amount needed to support one to six children. These calculations are often performed by computer programs after entering certain financial information including income, visits (stay with non-custodial parents (NCP)), health insurance costs, and several other factors.
If the tables used in the table guidelines are calculated by economists such as Policy Studies, Inc. They examined the pattern of expenses of spouses without children and spouses with children in a consumer expenditure survey. The amount of extra money spent on children (for expenses such as car insurance, AP exams, cell phones and plans; Christmas gifts; educational expenses (travel, drawing, study guide, tutoring, AP and SAT exams, books, supplies, and uniforms ), laptops, music lessons, parking fees, private school tuition, sporting events, and summer camps are counted and reduced to the table Separating parents then finds their income at the table and how much the average family pays on children. the widely used share of income is shared proportionately with parental income.
Change state
Once set, child support usually remains static unless reviewed. Compulsory and shall have the right to request a court review for modification (typically six months to a year or more after the issue of the order or if circumstances have changed so child support will change significantly). For example, if a bondor has a change in income or faces financial difficulties, they can petition to court for a reduction in support payments. Examples of financial difficulties include supporting other children, unemployment, extraordinary health care costs, etc. Similarly, if the obligor spends more time with the child, they can petition the court for a reduction or even a reversal in a support payment. Conversely, if the cost of child expenses increases, the party may ask the court to increase the payment to cover the new costs
Although both parents have the right to file a court petition for a customization of a support order, the modification is not automatic, and the judge may decide not to change the amount of support after hearing the facts of the case. That is, just because the earnings of the obligors have decreased, the court may find that the decrease in income is not due to a child's fault, and will not lower the cost of the child, and therefore should not affect him financially. Likewise, the court may find that an increase in child expenditure may have been calculated by both receiving and unnecessary parents, and therefore the obligation of support from paying parents should not increase.
Under United States law, Bradley Amendment (1986, 42 U.S.C.Ã,§ 666 (a) (9) (c)) requires state courts to prohibit the reduction of retroactive child support obligations. In particular, it:
- automatically triggers a lien that does not expire each time child support becomes overdue.
- override any state restriction laws.
- prohibits all legal wisdom, even from bankruptcy judges.
- requires that the amount of payments be maintained regardless of the physical ability of a person who has a child allowance (obligor) to immediately document the changed circumstances or pay attention to his awareness of the need to make a notice.
Distribution and payment
Child benefit payments are distributed in various ways. In cases where obligors are responsible for special expenses such as tuition fees, they can pay them directly instead of via Obligee.
In some jurisdictions, obligors (paying parents) are required to send their payments to federal or federal support enforcement agencies. Payments are recorded, any portion needed to repay the government is reduced, and then the remainder is transferred to the obligee (either through direct deposit or check).
The first payee for child support depends on the current welfare status of the payee. For example, if the Obligee currently receives a monthly check from the government, all current support is collected during the month paid to the government to reimburse the money paid to the Obligee. Regarding relatives previously in assistance, current support is paid to the family first, and only after such support is received, the government can then collect additional payments to replace itself for prior paid assistance to the obligee (receiving parents). See 42 USC 657: "(A) Payment of Current Support: To the extent that the amount collected does not exceed the amount that must be paid to the family for the month collected, the State must distribute the amount collected to the family.
In the United States, a 2007 study conducted through the University of Baltimore estimated that 50% of child support allowances owe the government to reimburse welfare costs. Half of US states provide no child support they collect to low-income families receiving welfare and other assistance, instead of replacing themselves and the federal government. Most of the rest only give $ 50.00 per month. The 2006 Bipartisan Deficit Reduction Act and other measures have sought to reduce the amount of money claimed by the government and to ensure that more funds are accessible to children and families, noting that more obligors (paying parent) are willing to pay benefits children when they children benefit directly from the payment.
Most US states provide child support allowances through direct deposit, but many states make payments to recipients who do not have a bank account through a prepaid debit card. The use of state prepaid cards has helped to increase the popularity of federal benefits debit cards, such as the Direct Express Debit MasterCard prepaid debit card offered by MasterCard, Visa, Chase, and Comerica Bank.
Support order duration
The duration of support orders varies by jurisdiction and by case. Requirements for support usually end when the child reaches the age of majority, who may be between 16 and 23 (Massachusetts and Hawaii) or graduate from high school. Some states and states have provisions that allow support to continue past the majority age if the child is enrolled as a full-time graduate student seeking a degree. If the obligor owes back child support, they must continue to make payments until the debt is met, regardless of the child's age.
Some circumstances exist that allow for termination of support orders for a child under the age of majority. This includes child marriage, legal emancipation or death.
Compliance and enforcement issues
"Dead-beat" parent
In connection with the child support obligation, the dead-beat parent is a person who refuses to provide child support payments or fees.
US Government aid agencies typically refer clients to in compliance , not appropriate or criminally disobedient . Compliance is assessed by the paying party's performance in meeting the financial requirements of a legitimate child support court order. In some circumstances, the obligor finds that "unsuitable" or "criminally disobedient" even has a professional (eg doctors, lawyers, dentists, etc.) and other licenses (eg drivers) suspended or repealed in an effort to raise money for support and shared costs.
Although the US has a highly negotiable system, Canadian law is quite automated and "No-Fault". Child support is determined by the number of children and the income of the obligor.
Enforcement
Laws and regulations on enforcing child support orders vary by country and country. In some jurisdictions, such as Australia, law enforcement is overseen by the national office. In other countries, such as Canada, the responsibility for enforcing child support orders is in the hands of each province, with financial and logistical assistance from the federal government. In the United States, enforcement of child support is also dealt extensively at the state level, but disobedient parents who meet certain criteria, such as traveling across state borders to avoid orders or for more than two years of support payments, may be subject to federal charges under Federal Federal Penalty Act.
One focus of Article 27 of the Declaration on the Rights of the Child is the establishment and strengthening of international agreements for further assistance in the enforcement of national and international cross-border child-care order. Under this agreement, orders established in one country are considered valid and may be carried out in another country, and may be attempted through a local court process. The purpose of the convention is to ensure that disobedient parents will not be able to avoid support payments by crossing international borders.
To this end, various international conventions concerning the enforcement of intercultural maintenance orders have been made, including the 1956 United Nations Convention on Overseas Recovery of Maintenance, the Hague Convention of 1973 on the Recognition and Enforcement of Decisions relating to Maintenance Obligations and 1956 United States Convention on Recovery Abroad Care and Maintenance Convention of The Hague 2007.
More than 100 countries currently have a reciprocal arrangement for child support orders. Examples of reciprocal agreements include the UK Reciprocal Enforcement of Maintenance Orders (REMO) and Canada, Australia and New Zealand, the United States and the European Union.
The consequences of non-payment vary by jurisdiction, the length of time the parent does not comply, and the amount owed. Common penalties include wage cuts and refusal or suspension of drivers, hunting and professional licensing. In the United States, disobedient parents who have more than $ 2500 in arrears may be denied passports under the Passport Passport Program. Australia, Austria and Finland do not imprison people for failing to pay child support allowances. In the US, on the other hand, child benefit payments may be considered a criminal offense or civil offense, and may result in imprisonment or imprisonment. In New York, the continuing failure to provide child support is an E crime punishable up to 4 years in prison. In addition, child support debtors are subject to fines and confiscation of property.
Because the obligation to provide child support separated from civil requirements to comply with court orders regarding visits, it is rare for parents to go to jail for violating part of a court order.
Legal in specific jurisdictions
Child support in the United States varies from state to state and tribe by tribe; each federally recognized American federal state and tribe is responsible for developing its own guidelines for determining child support.
For information on child support policies in selected countries, including Australia, New Zealand, the United Kingdom and the United States, please see Country support by country.
Effectiveness
Trends from within the United States are currently pushing for customized systems. Many groups demand a more open approach in which the government does not regulate the family. This trend may encourage changes in local and federal laws, and reduce the problems arising from the child support system.
Criticism
Implementation flaws and side effects
In jurisdictions where child support is reduced or partially reduced when care is provided by both parents, there may be a financial incentive for the resident's parent to limit the amount of time other parents can see the children. If parents seek detention orders in order to maximize child support, the effect can reduce the number of contacts children have with other parents regardless of their needs or wants.
Payments are not made for children but between parents and payees are not required to account for how child benefit funds are used. Critics of child support argue that, as a result, support payments need not be used to support children and may be considered punishment for parents paying child support. The response to the criticism is that if parents take care of the children, that parent will incur the cost of providing that support even if they have no obligation to account for their expenses to support the child.
Critics of child support, such as the paternal rights group, complain that in most US states, and Britain, there is no requirement that children support money used for children. Except in unusual matters, most jurisdictions do not require accountability at the request of child support payers. The custodial parent also has an obligation to support child support payments and child support significantly lower than the cost of raising a child. In the ten US states, child benefit money accounting can be required under certain circumstances.
Criticisms of child support indicate that the support order carries the threat of state violence to give the parent population a level of financial control over the non-resident parent, and even that enforcement of child support may be considered domestic violence or harassment. No jurisdiction accepts that argument, and parents who are ordered to pay child support will not face legal consequences if payments are made as ordered by the court.
Some parents argue that they should be allowed to provide directly for their children, provided they are credited against child support or substitute for any other parental payments. Some argue that being ordered to pay child support reduces their ability to provide directly for their children. Nevertheless, the court uniformly recognizes that the custodial parent will incur costs for the care of children whose parents who are not in power may prefer not to pay, and that provide direct parental control without custody over how child support is used will in many cases resulting in abusive behavior or control by the child support giver.
Some child support legislation and formulas do not adequately reflect the extent to which the child supports the payer supporting the children, and the expenses paid by the payer to care for the children. For example, in the UK no account is taken from the "resident" parent's income and the "non-resident" parent who takes care of the children 174 nights a year should pay the other parent (4/7) 57% of the maintenance they will be doing have paid if they do not provide care. Thus, the "non-resident" parent may have almost the same cost, need of home, clothing and transport of children, but may be obliged to pay up to 17% (31% * 4/7) of his income as a supportive child. Many jurisdictions have attempted to develop child support formulas and models that take into account the extent to which parents share custody, and adjust the amount of child support in parenting arrangements in relation to the division of time into parenthood.
In the United States, each state receives money from the federal government to offset some of its expenses in processing paternity, husband and wife and child support cases. It has been argued that this creates incentives for each country to enforce greater support orders than is necessary, since it creates greater financial incentives for each state. However, as a matter of law, when the federal government mandates state action, it is widely necessary to replace the state with the cost of necessary action. It has also been argued that a Defendant in the issue of child support can not obtain a fair trial due to the fact that the Court has a financial interest in keeping the child allowance higher than necessary. However, no one has ever pointed out that countries have made or modified their child support formulas that way, or will do so actually increase federal reimbursement.
The right of men to choose
Child support policies have been criticized by paternal rights advocacy groups, as well as by some feminists, who argue that child support policies violate gender equality and reject reproductive options for men. Countries do not find gender discrimination in the child support system, since child support is based on income and custody arrangements and not on gender. Since child support is for the benefit of the child, not the parent, the court is not sympathetic to the idea that the parent should be able to refuse to support a child by claiming that he prefers the child not to be born.
Child support guidelines and policies have also been criticized for requiring boys and men who are victims of sexual violence to pay child support to women who sexually abuse them.
Melanie McCulley, a South Carolina lawyer sparked the term male abortion in 1998, pointed out that a father should be allowed to give up his obligation to an unborn baby early in pregnancy. Proponents argue that this concept begins with the premise that when an unmarried woman becomes pregnant, she has the option of abortion, adoption, or parent; and argues, in the context of gender equality that is legally recognized, that in the early stages of pregnancy, the alleged (supposed) father should have the same human rights to relinquish all parental rights and financial responsibilities in the future - leaving a knowledgeable mother with three the same choice. The McCulley male abortion concept aims to equalize the legal status of unmarried men and unmarried women by giving unmarried men legally the ability to 'undo' their rights and obligations to children. If a woman decides to take care of the child, the father may choose not to break all ties legally.
This same concept has been endorsed by former president of the National Women's Organization feminist organization, lawyer Karen DeCrow, who writes that "if a woman makes a unilateral decision to bring pregnancy to the term, and the biological father can not, and can not, share in this decision, he will not be responsible for 21 years of support... autonomous women make independent decisions about their lives should not expect men to finance their choices. "
The concept of law is tried in the case of Dubay v. Wells and rejected by the courts, because the laws in the various jurisdictions currently set guidelines for when child support is owed and the amount. Thus, legislation would be necessary to change the law to apply the McCulley concept.
See also
- Aliment
- Child custody
- The cost of raising a child
- Debtor Prison
- Rights
- Shared cohesion
- Parental Alienation Syndrome
- Parenting plans
- Parenting shared
- List of the largest divorce settlements
- Unfunded Mandate
US only:
- Bradley Amendment
- Overview of the California Child Support Guidelines
- Child support in the United States
- Hermesmann v. Seyer
English and Australian:
- Child Support Agency (UK)
- Child Support Agency Australia
- Shared residence in English law
- Children's center
Canada:
- British Columbia Family Enforcement Enforcement Program
Historical:
- Childwite
References
- Boonin claims that the state can still morally create child support, but some supporters of its analysis may disagree. Here is a link to the article, [8]
- Personal Responsibility and Employment Reconciliation Act (PRWORA) 42 U.S.Code Ã,§602a (1) & amp; (2)
- Child Support Agency Australia, 2006 Child Support Schemes: Australia and Comparison 2006 [9]
External links
- History of child support in the UK
- Child Support Agency (CSA) Australia - includes separate parental calculators and guides
- US Federal Child Enforcement Enforcement - child support enforcement
- Department of Justice - Child Support (Canada)
Source of the article : Wikipedia
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