Child Support by Court Order
In most states, a child is legally entitled to receive financial support from his or her parents, from birth until the age of 18 -- whether the parents are married, legally separated, divorced, or were never married. Child support "orders" are the method through which the court sets the terms of a child support situation, and the basis upon which an enforcement or collection action can be taken against a parent who has failed to meet his or her support obligations.
In legal terms, an "order" is a command entered by a judge (usually a family court judge in child support cases), instructing parties to take some action (i.e. to make periodic child support payments in a set amount), or face penalties for violation of the order.
Creation of Child Support Orders
Though specific procedures may vary from state-to-state, a child support order is usually created in one of three situations: as part of the divorce process; when an unmarried parent seeks child support; or when a state child support agency's services are utilized.
Child Support Orders as Part of the Divorce Process
When a divorcing couple has one or more children, a child support order is usually created in family court as part of the divorce process. For example, when finalizing such issues as property division and child custody (as part of the divorce judgment), the family court may also make a decision on the non-custodial parent's obligation to support the child financially. The family court will then 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. The amount of support is based on the state's child support guidelines -- under a formula largely determined by the parents' respective incomes and the number of children they have together.
(Note: Even if divorcing spouses reach a settlement agreement on child support out of court, in most states the family court will still need to approve the agreement to ensure that it complies with state child support guidelines. Once approved, the agreement will serve as the basis for a child support order entered by the court.)
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