Child support is typically ordered only for one's biological children. For example, even if a father never formally adopted his former girlfriend’s child from a previous relationship, he may still owe child support for that child.Non-biological parents may not be liable for child support, no matter how involved they are with the child or how much time they spend with the child, with some exceptions. For example, if the non-biological parent has legally made the child his own through adoption, the child support gets tricky. The parent may be owed child support if the biological parent dies or becomes incapacitated, unable to work. The same is true for stepparents in certain cases.
In most other situations, however, non-biological parents will not be responsible for paying child support.Basic Child SupportIn its simplest form, the basic formula for a child support award is the amount necessary to meet the needs of the child, plus a percentage of the non-custodial parent’s income. However, states have different guidelines that often make it difficult for both parents and judges to determine what an appropriate amount of child support may be.
Private agreementBefore a court order can be issued, both parents are typically allowed to work out their agreement on child support payments. While this may seem like a good solution in theory, in practice it can be very difficult for parents with an acrimonious relationship to come to terms with such a personal issue.Court OrderIf a parent has voluntarily relinquished their custodial rights, a court will not order them to pay for their child’s support. In addition, a court may not order an ex-spouse to pay for another former spouse’s children if it is proven that they do not have an obligation to support them.
If a non-parent is found to fulfill this obligation (such as if the person is acting as a guardian or foster parent), then a court may order that person to pay child support.A court will typically order a parent to pay monthly child support until the child turns 18 or graduates high school (whichever comes later) unless the parties agree otherwise. After that point, while a court may still order payments to continue if necessary, it may be at a reduced rate or on a case-by-case basis. In addition to paying monthly support payments, a parent responsible for making them must keep accurate records of those payments and provide copies to the other party as needed.
Child Support AmountIn most states, the court considers the gross income of both parents when deciding on the level of child support. However, it is important to note that what counts as gross income can differ between states. In some states, it includes any money earned by a parent, including money received from alimony or even unemployment benefits. Other states only consider the gross income that is paid as cash wages or salary.Once it has been established how much each party earns, in addition to any alimony they may receive, the court will take into account several other factors to arrive at an appropriate number for child support. These factors may include:The standard of living the custodial parent and child enjoyed before divorce or separationHow much time each parent spends with the childAny special needs or expenses for which one parent might be responsible