No matter what situation gives rise to the need for child support, it might help to think of the legal right to child support as being possessed by a child (which it technically is), for his or her proper care and upbringing, regardless of who actually receives child support payments.

A child's right to receive support cannot be used as a bargaining chip in custody or divorce matters.

When married parents divorce or separate, or when only one of the unmarried parents of a child has custody, the court may order the "non-custodial" parent (the parent with whom the child does not live) to pay a certain portion of his or her income as child support.

This is not the only scenario in which child support might arise. Less frequently, when neither parent has custody, the court may order them to pay child support to a third party who cares for their child.

Because in the United States nearly half of all marriages end in divorce and almost one-fourth of all children are born to unmarried parents, the regulation of child support is an important social issue.

State child support enforcement agencies are taking an aggressive role in seeking payments from non-custodial parents. The Domestic Relations section of the judicial system handles the initial meeting between the parties and follows strict guidelines to arrive at an appropriate amount for child support.

Frequently, the parents and Domestic Relations officer will work together to implement a child support withholding order, by which the child support amount is automatically taken from the payer's paycheck.

If the child support payments become delinquent, Domestic Relations can implement other collection mechanisms, such as withholding support amounts from tax refunds, or seizing real estate or personal property, and in some cases, a non-paying parent may be incarcerated until he or she pays their support obligation in full.

If you would like more information about Child Support, email Connie Merwine or call her at 570-992-2109.