 | The examples and perspective in this article may not represent a worldwide view of the subject.(November 2010) |
This article includes information about the child support policies of several countries.
| The examples and perspective in this article may not represent a worldwide view of the subject.(November 2010) |
This article includes information about the child support policies of several countries.
 | This section needs expansion. You can help by adding to it. (July 2009) |
In Australia, the Child Support Agency calculates child support based on the income of each parent, a base amount is excluded, and the number of nights the child(ren) stays overnight with each parent. [1] Parents can seek a review within 28 days of a change where income, assets or other factors lead to the formula not giving a result reflecting the particulars of a case.
In Canada, the table amount is based on the gross annual income of the payor parent and the number of children they have to support. Gross annual income is the total income a person earns in the year before subtracting taxes and other deductions. It is usually the amount on line 150 on your tax return. Punishments for not complying include, A court can order you to serve time in jail if you don’t not pay.
In the Czech Republic, child supported is usually decided as part of child custody proceedings. The court may award child support as far as three years back before the case was started. The amount of child support depends on the particular custody arrangement, parents’ net income and whether they have other support obligations. A failure to pay child support in line with final judgement is a crime punishable by up to three years in prison. [2]
A little-known law in Israel allows for divorced Israeli nationals and foreign citizens to be detained in the country via a court-issued stay of exit order until they pay the full child support owed for their children until age 18 in advance. [3] They can be jailed for up to 21 days for each missed monthly payment, and they are required to pay up to 100% or more of their income to settle the debt. [4]
In New Zealand, the Child Support division of Inland Revenue manages the application for, collection and redistribution of child support. Liable parents are assessed using a formula assessment scheme that determines payment liability based on the liable person's income and family circumstances. Departures from the formula are permitted under special circumstances, such as hardship, financial assets, special needs or through parental agreements. Payments are compulsory, with a minimum payment required, irrespective of ability to pay, though prisoners and long term hospital patients can apply for exemptions. Application for child support can be made by any person responsible for caring for a child but is only required if a parent receives welfare payments for themselves and their children. Children qualify for child support while they are aged under 18 years and are dependent on a caregiver.
Since July 2000, New Zealand and Australia have had a reciprocal agreement on child support. If the non-custodian parent lives in Australia, then Australia's Child Support Agency can collect child support and pursue debt collection on behalf of New Zealand's Inland Revenue Child Support, and vice versa.
Norway has a long history in its commitment to protecting children and was the first country to appoint a children's ombudsman in 1981, inspiring similar practices globally. [5] The child protection service, Barnevernet, primarily focuses on working with families to resolve issues and keep children with their parents. However, there has been a significant increase in the number of children and young people taken into emergency care, rising by half between 2008 and 2013. [6]
Under South African law, both parents are obligated to provide financial maintenance for their children, regardless of marital status. The amount of maintenance is determined based on each parent's income and must be negotiated in accordance with the Maintenance Act 99 of 1998 and the Children's Act, 2005. [7] Failure to meet these obligations is a criminal offense. In the event of a divorce, interim maintenance can be obtained to support the child until the divorce is finalized. Unmarried fathers have the right to maintenance responsibilities but may face challenges in accessing their children. [8]
In Sweden, a parent not living with their child should pay "underhållsbidrag", since parents are obliged to support for their children. The amount should be agreed on by the parents, with consideration taken for the economic need of the child and the economic situation of both parents. This may be in the form of a contract or simply an agreement. With joint custody where the child lives with each parents roughly half of the time no child support needs to be paid. The amount agreed on is adjusted for inflation each year (though it has been raised by 0% some years).
If the parent supposed to pay child support doesn't pay (or doesn't pay in time), the child may receive "underhållsstöd" from Försäkringskassan. This includes if the parent pays less than 1273 SEK per month and doesn't provide equivalent support some other way. The parent not living with the child should repay the amount paid as far as his/her income allows this, and may have to pay interest on the debt to Försäkringskassan.
The support belongs to the child, but is paid to the parent. It is paid until the child turns 18. For a child that is still in high school or equivalent, the support may be extended until the child turns 21, and after 18 it is given to the child directly. [9]
For international cases, see Försäkringskassan's website and "Convention on the Recovery Abroad of Maintenance" in Swedish law, and relevant EU treaty (in Swedish).
In the UK, the Child Maintenance Service, part of the Department for Work and Pensions calculates the requisite contribution.
In United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an ("obligor" or paying parent) to an ("obligee" or receiving party) for the financial care and support of children of a relationship or marriage that has been terminated, or in some cases never existed.
Often, but not always, the obligor is a non-custodial parent. Often, but not always, the obligee is a custodial parent, caregiver or guardian, or the government.
In the U.S., there is no gender requirement to child support, for example, a father may pay a mother or a mother may pay a father. Depending on the jurisdiction, a non-custodial parent may pay child support to a custodial parent, or a custodial parent may pay child support to a non-custodial parent.[ citation needed ]
In addition, where there is joint custody, both parents are "custodial parents" and neither parent is a non-custodial parents, or in other words the child has two custodial parents. Thus, with joint custody, one custodial parent (as an obligor) may be required to pay the other custodial parent (as an obligee).
Child support enforcement in the United States at the Federal level is the responsibility of the Administration for Children and Families in the Department of Health and Human Services. There is an overarching framework of federal legislation (title IV-D of the Social Security Act) and regulation within which the states must operate if they wish to receive federal funding. States may also receive additional financial "incentive" payments for establishing paternity, or establishing or modifying child support orders. Although the federal child support program in the United States traces its origins to a congressional concern for recouping from absent parents some of the cash assistance paid to custodial parents, total U.S. child support collections in Federal fiscal year 2006 totaled $23.9 billion, $11 billion of which was paid to families who have never been recipients of public assistance.
Each state is responsible for developing a child support enforcement program that complies with federal requirements, including a Guidelines method of calculating child support. At a minimum, 45 C.F.R. 302.56 requires each state to establish and publish a Guideline that is presumptively (but rebuttably) correct, and Review the Guideline, at a minimum, every four (4) years. [10] Most states have their own "Child Support Guidelines Worksheet" used by local courts and state Child Support Enforcement Offices to determine a "standard calculation" of child support. Courts may deviate from this standard calculation in particular cases.
The Uniform Interstate Family Support Act addresses the interaction of varying State legislation and regulations to ensure that only one state has the power to impose or modify child support at any one time, providing:
Particular issues of conflict are further discussed in the Child support in the United States article regarding conflict of laws for the states of California, Connecticut, the District of Columbia and Maryland.
Major federal child support enforcement laws:
New York divorce law changed on August 15, 2010, when Governor David Paterson signed no-fault divorce into law in New York state. Until 2010, New York recognized divorces only upon fault-based criteria or upon separation. The State Senate approved the No-Fault Divorce bill on June 30, and the State Assembly passed the bill on July 1.
Alimony, also called aliment (Scotland), maintenance, spousal support and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian.
Child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, or a guardian.
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation spares parties not only the financial and emotional costs of litigation but the uncertainty of how favorable or unfavorable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation, that may be less costly than litigation.
Deadbeat parent is a pejorative term referring to parents who do not fulfill their parental responsibilities, especially when they evade court-ordered child support obligations or custody arrangements. They are also referred to as absentee fathers and mothers. The gender-specific deadbeat father and deadbeat mother are commonly used to refer to people who have parented a child and intentionally fail to pay child support ordered by a family law court or statutory agency such as the Child Maintenance Service.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.
The Child Support Agency (CSA) was an Australian Government organisation which was established in 1988 to administer the assessment and collection of child support under the Australian Government's Child Support Scheme.
Luton v Lessels (2002) 165 CLR 462 is a High Court of Australia case that affirms previous High Court definitions of a tax.
The Uniform Reciprocal Enforcement of Support Act (URESA), passed in 1950, concerns interstate cooperation in the collection of spousal and child support. The law establishes procedures for enforcement in cases in which the person owing alimony or child support is in one state and the person to whom the support is owed is in another state.
An income shares formula is used by many states to establish the child support amount of each child rather than what it actually costs to raise a child. According to the National Conference of State Legislatures, In income share model, both parents responsible for the children for contributing financially to the children. Income shares tables calculating child support are not based directly on actual spending on children but rather on indirect estimates of child costs. Income shares model depend on that a child receive the same proportion of parental income and also it assumes that child costs reflect the spending necessary to restore a family's standard of living back to what it was prior to the divorce or having a child. It is very reasonable for the children who their parents divorced. It is consistent with the Uniform Marriage and Divorce Act. This technique was first developed in the 19th century to answer economic questions among different family types, but was never intended to measure the cost of rearing children. The purpose of the income shares- child support lead to more fair and regular fundamental child support awards. Also, governments should regard different political balances that are equality and transparency.
In the United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an "obligor" to an "obligee" for the financial care and support of children of a relationship or a marriage. The laws governing this kind of obligation vary dramatically state-by-state and tribe-by-tribe among Native Americans. Each individual state and federally recognized tribe is responsible for developing its own guidelines for determining child support.
The fathers' rights movement has simultaneously evolved in many countries, advocating for shared parenting after divorce or separation, and the right of children and fathers to have close and meaningful relationships. This article provides details about the fathers' rights movement in specific countries.
Family law in Canada concerns the body of Canadian law dealing with domestic partnerships, marriage, and divorce.
A noncustodial parent is a parent who does not have physical custody of his or her minor child as the result of a court order. When the child lives with only one parent, in a sole custody arrangement, then the parent with which the child lives is the custodial parent while the other parent is the non-custodial parent. The non-custodial parent may have contact or visitation rights. In a shared parenting arrangement, where the child lives an equal or approximately equal amount of time with the mother and father, both are custodial parents and neither is a non-custodial parent.
Each U.S. state is responsible for developing a child support enforcement program that complies with federal requirements, including a guidelines method of calculating child support. At minimum, 45 C.F.R. 302.56 requires each state to establish and publish a guideline that is presumptively correct, and review the guideline, at a minimum, every four years.
42 U.S.C. § 652(k) is a United States law which sometimes requires the denial or revocation of passports for individuals who fail to pay child support. The law was enacted as part of the Personal Responsibility and Work Opportunity Act in 1996.
The BC Family Maintenance Enforcement Program (FMEP) is a Provincial Government service established by the British Columbia Ministry of Justice in 1988. The program monitors and enforces maintenance orders and agreements for child support and spousal support. Annually, the program assists approximately 45,000 families, 58,000 children and collects and disburses over $200 million (CAD) in maintenance payments each year.
The Office of Child Support Enforcement (OCSE) is a United States government office responsible for overseeing the U.S. child support program. Child support is the obligation on parents to provide financial support for their children. OCSE was established with the Federal Government’s enactment of Child Support Enforcement and Paternity Establishment Program (CSE) in 1975, which was enacted to reduce welfare expenses by collecting child support from non-custodial parents.
The laws governing child support in Israel can be tried under either civil courts or religious courts. Jewish, Muslim, Druze and Christian courts are officially recognised by the Israeli state as having jurisdiction over family matters, if a case is first filed in those courts. Secular courts have jurisdiction if a case is first filed with them.
The Child Maintenance Group(CMG) is a department and function of the Department for Work and Pensions in Great Britain and the Department for Communities in Northern Ireland. Launched in 2012 to replace its predecessor, the Child Maintenance and Enforcement Commission, the CMG is responsible for implementing the Child Support Act 1991 and subsequent legislation in the form of its two services, the Child Support Agency and from 2012 its long-term successor, the Child Maintenance Service.