Child support guidelines -- such as how amounts are calculated and enforced -- have changed dramatically throughout history. While the process has become much more transparent, with strict enforcement guidelines in most states, that wasn't always the case. In fact, most states gave judges complete discretion over child support orders prior to the development of standard guidelines. An estimated 30 percent of custodial parents had no child support at all as recently as 1984, right before federal guidelines were enacted.
This article explores the history of child support guidelines and main models used by states to calculate amounts.
Child Support Prior to Formal Guidelines: Defining the Problem
Historically, the amount of child support awarded was completely within the discretion of the judge, based on the ability of the noncustodial parent to pay and the needs of the child. These are still important considerations today, but these awards were subject to five major problems in the absence of consistent guidelines:
These problems were of direct concern to the federal government, which provided the "safety net" for those families whose support was inadequate or simply not paid. Therefore, the federal government stepped in out of substantial self-interest, beginning with the Aid to Families with Dependent Children provision of the Social Security Act in 1935.
Child Support Guidelines: Federal Mandate
Congress enacted the Child Support Enforcement Amendments of 1984 (CSEA), which required states to strengthen their enforcement powers. The act required states to:
States receiving federal funds also had to offer full parent-locator and child support services to all custodial parents. Additionally, the CSEA required states to establish advisory guidelines for determining child support amounts. The Family Support Act (FSA) of 1988 mandated that these guidelines be presumptive (rather than just advisory) by 1994.
Federal law also requires that each state:
In accordance with the FSA, state child support guidelines were required to take into consideration all earnings and income of the noncustodial parent; be based on specific criteria and result in the computation of the support amount; and provide for the child's health care needs, through health insurance coverage or other means.
Calculating Child Support: State Models
In response to the federal mandate, states devised different models for calculating child support awards, including:
There's no evidence that any one model is superior to any other model in terms of increased compliance, consistency, and ease of administration. But there is some evidence concerning adequacy of awards. One study indicates that the income shares model produces the highest awards for low-income families, the Melson Formula model produces the highest award for middle-income families, and the percentage of income model produces the highest awards in upper-income families.
Get Legal Help to Better Understand Child Support Guidelines
Given the discretion that many judges have over child support orders and the various models that can be used, it may not always be easy to predict how much you could pay in child support. Make things easier on yourself and reach out to an experienced child support attorney today to discuss your specific situation.