Child Support Eligibility
Under state child support laws, a child is generally entitled to be supported by both parents after divorce. If one parent has sole child custody, generally the noncustodial parent is ordered to pay child support. If the parents have joint child custody,
the parent who the child lives with most of the time may be eligible to receive
child support.
Child Support
Guidelines
Most states have child support guidelines that calculate the
amount of child support using a variety of factors, such as the time spent with the child, parents' income,
childcare expenses and insurance costs. Child
support may also be offset if there are significant travel expenses involved
with child visitation.
Circumstances
Affecting Child Support Eligibility
- Paternity
Disputes - If the paternity of a child is disputed, the biological father of a
child may not be ordered to pay child support until the results of a paternity test are available and reviewed by the court.
- Identity
and Location of Biological Parent - Parents who can't locate or identify
the other biological parent of a child may never receive child support, unless
the missing parent is found and/or a paternity test is ordered by the
court. If the identity of the parent is
known but he or she cannot be located, the child support services agency in your
state may provide assistance.
- Child
Support Orders - After a divorce court orders a parent to make
child support payments, that parent may be held in contempt of court for not paying. In some cases, child
support orders may be retroactive to the date the petition for child support
was filed or the child's birth date.
Speak with a Divorce Lawyer about Child Support Eligibility
Find out if you are eligible to
receive child support payments by speaking to a local divorce lawyer today. Call 877-349-1310 or fill out a divorce case review form to set up a preliminary consultation today. Get help handling your child support case so you can protect your child's financial future.
The above synopsis of child support eligibility is by no means
all-inclusive and is not intended to provide legal advice. These laws
may have changed since our last update and there may be additional laws
that apply in your situation. For the latest information on these
divorce laws, please contact a local divorce lawyer in your area.