ChildSupportEnforcement
Child support laws vary around
the world. Some jurisdictions sort the arrangements out directly
between the parents. Others involve the state collecting child support
payments as though it were a tax. In the United States some
non-custodial parents claim there is no accountability on the part of
the custodial parent regarding how child support payments are spent
and accuse the custodial parent of spending support money on non-child
expenses.
Depending on the jurisdiction, a
custodial parent might legally be required to account for how child
support money is spent. In the United States, 10 states (Colorado,
Delaware, Florida, Indiana, Louisiana, Missouri, Nebraska, Oklahoma,
Oregon, and Washington) allow courts to demand an accounting from
custodial parent on how child support dollars are spent. Additionally,
Alabama courts have authorized such accounting under certain specific
circumstances. Despite this, some non-custodial parents in such
situations still view their only recourse lies in petitioning the
court for a change of custody.
Courts have held that it is acceptable for child support payments to
be used to indirectly benefit the custodial parent. For example,
child support monies may be used to heat the child's residence,
even if this means that other people also benefit from living in a
heated home.
If
you are owed child support - get
help. You might want to hire a child support lawyer
or a family law attorney.
In the United States, each individual
state is responsible for developing its own "guidelines" for
determining child support.
The
ChildSupportEnforcement (CSE) Program
is a Federal/state/local partnership
to collect child support: They want to send the strongest possible
message that parents cannot walk away from their children. Their goals
are to ensure that children have the financial support of both their
parents, to foster responsible behavior towards children, to emphasize
that children need to have both parents involved in their lives, and
to reduce welfare costs.
The Federal ChildSupportEnforcement Program was established in
1975 as Title IV-D of the Social Security Act. It functions in all
states and territories, through the state/county Social Services
Department, Attorney General's Office, or Department of Revenue. Most
states work with prosecuting attorneys, other law enforcement
agencies, and officials of family or domestic relations courts to
carry out the program at the local level. Native American Tribes, too,
can operate child support programs in the context of their cultures
and traditions with Federal funding.
State Child Support Programs locate noncustodial parents,
establish paternity, establish and enforce support orders, modify
orders when appropriate, and collect and distribute child support
payments. While programs vary from state to state, their services are
available to all parents who need them.
The Federal Office of ChildSupportEnforcement (OCSE) is part of
the U.S. Department of Health and Human Services. It helps states
develop, manage, and operate their programs effectively and according
to Federal law. OCSE pays the major share of state program operating
costs, provides location services, policy guidance and technical help
to enforcement agencies, conducts audits and educational programs,
supports research, and shares ideas for program improvement.
We believe that child support enforcement provides hope as well
as support to America's children. We dedicate this Handbook to the
millions of parents who put their children first by responsibly
providing for their emotional and financial support.
About the National Electronic Child Support Resource System
(NECSRS)
In an effort to meet States'
training and technical assistance needs, the Federal Office of
Child Support Enforcement (OCSE), with input from our State
partners, developed the National Electronic Child Support Resource
System (NECSRS). NECSRS provides the user with
timely and easy access to a wealth of Child Support Enforcement (CSE)
resources available from Federal, State, local, and Tribal CSE
organizations.
http://ocse.acf.hhs.gov/necsrspub/ |
Childsupportenforcement Across State Lines
Final Judgment
Under the United States Constitution Article Four, full faith and
credit shall be given in each state to the public acts, records and
judicial proceedings of every other state. Courts have used the
full-faith-and-credit article to enforce final judgments that have
been registered within a state.
When a judgment is not final, there is a problem of registering that
judgment in another court, because normally a judgment must be final
before it can be registered. The Restatement of Conflict (Second)
states, under the topic of Defenses to Recognition and Enforcement,
that a judgment rendered in one state need not be recognized or
enforced in a sister state insofar as the judgment remains subject to
modification in the state of rendition either as to sums that have
accrued and are unpaid or as to sums that will accrue in the future. A
court is free to recognize or enforce a judgment that remains subject
to modification under the local law of the state of rendition. Child
support orders are considered judgments of this sort.
Under full faith and credit, the local law of the state of rendition
will be applied to determine whether the judgment is modifiable and,
if so, in what respects. This law will determine whether the judgment
is modifiable with respect to past due installments and with respect
to future installments. As between states, full faith and credit
requires application of the local law of the state of rendition to
determine whether the judgment is modifiable and, if so, in what
respects.
It has been difficult to collect child support when the parent
obligated to pay child support lives in one jurisdiction and the child
and custodial parent live in another. However, all state and tribal
IV-D Child Support Enforcement (CSE) agencies are required to pursue
child support enforcement, including location, paternity
establishment, and establishment of support obligations, as vigorously
for children who live outside their borders as for those under their
own jurisdiction.
Most
family law lawyers and
divorce attorneys can help get you
child support. There are also child support lawyers
qualified to help.
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