{"id":351683,"date":"2016-04-04T11:02:29","date_gmt":"2016-04-04T16:02:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-support\/child-support-by-court-order.html"},"modified":"2023-06-01T15:14:46","modified_gmt":"2023-06-01T20:14:46","slug":"child-support-by-court-order","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-support\/child-support-by-court-order.html","title":{"rendered":"Child Support by Court Order"},"content":{"rendered":"\n
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Child Support by Court Order<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Hal Armstrong, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Minor children have the right to financial support from their parents. Child support ensures this support if the parents separate or divorce. If the divorcing or separating parents cannot agree on child support, the court will make a determination in the best interest of the child. <\/p>\n\n <\/div>\n\n

The child support right is in effect from birth until at least the age of 18. That is, unless the child becomes emancipated, married, or joins the armed forces. It can go until age 19 for unmarried, full-time high school students. The married status of the parents doesn’t affect this right.<\/p>\r\n

What Are Court Orders?<\/h2>\r\n

The court uses "court orders" to set the terms for child support. The court order provides a basis for child support enforcement and child support collections actions.<\/p>\r\n

In legal terms, an "order" is a command by a judge (usually a family court judge). The judge directs the parties to act. For example, the judge will direct them to make monthly child support payments and take penalties if they violate the order.<\/p>\r\n

Creation of Child Support Court Orders<\/h2>\r\n

Though specific procedures may vary from state to state, a child support order is usually created in one of three situations:<\/p>\r\n

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  1. As part of the divorce process<\/li>\r\n
  2. When an unmarried parent seeks child support<\/a><\/li>\r\n
  3. <\/a>When a state child support agency’s services obtain support on behalf of a child<\/li>\r\n<\/ol>\r\n

    Child Support Orders as Part of the Divorce Process<\/h2>\r\n

    When a couple divorces, they may attend a court date. The child support obligation will be one of the first issues addressed. This may be with a temporary order for child support or in an expedited hearing to consider temporary child support.<\/p>\r\n

    Divorce can have a devastating impact on family economics. A custodial parent may not have sufficient income or as high of an earning capacity as the other parent. They may be in serious financial straits if child support is not received soon. Without support, children suffer, and the state has an interest in addressing the child’s needs quickly. The court can also award alimony or spousal support in some cases.<\/p>\r\n

    When finalizing the issue of custody of the child, and parenting time agreement, the family court judge will also decide the non-custodial parent’s child support payment.<\/p>\r\n

    Child Support Agreements<\/h2>\r\n

    It’s also possible that divorcing spouses may reach a settlement agreement on child support<\/a> out of court. In most states, the family court judge must still approve the agreement to ensure it complies with state child support guidelines<\/a>. They will also ensure that it results in an enforceable child support order. Once approved, the agreement will serve as the basis for a child support order entered by the court.<\/p>\r\n

    State child support guidelines determine the amount a parent will pay based on a formula that considers the parents’ respective incomes, the number of children they have together, and the percentage of time the children spend with each parent. The child support amount depends on these factors and your unique situation.<\/p>\r\n

    The family court will put a child support order in place, ordering the non-custodial parent to pay a certain amount of money per month toward the child’s financial support.<\/p>\r\n

    Child Support Court Orders and Unmarried Parents<\/h2>\r\n

    A parent can also request a child support order when the mother and father were never married. In such cases, the custodial parent can go to family court or a trial court of general jurisdiction (like a district court or a state’s superior court) to request that a child support order be put in place.<\/p>\r\n

    The court will usually enter a child support order only after the parentage has been established. Either the father has acknowledged that he is the child’s parent, or a paternity action has shown<\/a> biological fatherhood.<\/p>\r\n

    As in divorce cases, the court will arrive at a dollar amount for child support. The amount must use the state’s child support guidelines.<\/p>\r\n

    Child Support Court Orders and State Services<\/h2>\r\n

    Every state has a department or agency that provides child support enforcement services and child support programs. That state agency may be a smaller branch of a larger state organization, i.e., the District of Columbia Attorney General’s Office, Division of Child Support. It could also be its own state agency, i.e., California’s Department of Child Support Services.<\/p>\r\n

    In almost all states, a parent seeking enforcement or collection services for unpaid child support cannot receive assistance from these agencies unless<\/i> there is a child support order in place. For example, say an unmarried mother receives occasional child support from the father of her child with no child support case. If the mother needs support for the child every<\/i> month, not just when the father feels like it, or the father stops making support payments, the mother will need to go to court to put a child support order in place. The agency could give the mother in this example a referral for an attorney.<\/p>\r\n

    However, a parent seeking child support may not <\/i>need to go to court to get a child support order. A county or local branch of the state child support services\/enforcement agency may go before the court on the parent’s and child’s behalf. For instance, the agency obtains an order on behalf of a parent who receives public assistance.<\/p>\r\n

    The Function of Child Support Court Orders<\/h2>\r\n

    Once a child support order is entered by a court, that order becomes an enforceable legal document which, among other things:<\/p>\r\n