Child support by country
Encyclopedia
This article includes information about the child support policies of several countries.
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 19 years and are dependent on a caregiver.
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.
For international cases, see Försäkringskassan's website and "Convention on the Recovery Abroad of Maintenance" in Swedish law, and relevant EU treaty (in Swedish).
calculates the requisite contribution.
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.
Oftentimes, but not always, the obligor is a non-custodial parent. Oftentimes, 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.
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) will 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 over-arching 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. 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:
Australia
In Australia the Child Support Agency (Australia) calculates child support based on the income of each parent, a base amount is excluded, and the amount of time the child(ren) spends with each parent. Parents can seek a review where income, assets or other factors lead to the formula not giving a result reflecting the particulars of a case.New Zealand
See also: Child Support Act 1991 (New Zealand)Child Support Act 1991 (New Zealand)
The Child Support Act is an Act of the Parliament of New Zealand that was passed in 1991.It was passed to reform the legislation around domestic maintenance payments that, at the time, was perceived as being ineffective....
In New Zealand, the Child Support division of Inland Revenue
Inland Revenue Department (New Zealand)
Inland Revenue , previously known as the Inland Revenue Department, is the New Zealand government department responsible for the collection of over 80% of the Crown's revenue in New Zealand. It also collects and disburses social support programme payments and provides the government with policy...
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 19 years and are dependent on a caregiver.
Sweden
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.
For international cases, see Försäkringskassan's website and "Convention on the Recovery Abroad of Maintenance" in Swedish law, and relevant EU treaty (in Swedish).
United Kingdom
In the UK, the Child Support AgencyChild Support Agency
The Child Support Agency is a delivery arm of the Child Maintenance and Enforcement Commission in Great Britain and the Department for Social Development in Northern Ireland...
calculates the requisite contribution.
United States
In United States, child supportChild support
In family law and public policy, 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 relationship...
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
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
that has been terminated, or in some cases never existed.
Oftentimes, but not always, the obligor is a non-custodial parent. Oftentimes, 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.
In addition, where there is joint custody
Joint custody
Joint custody is a court order whereby custody of a child is awarded to both parties. In joint custody both parents are custodial parents and neither parent is a non-custodial parent, or, in other words, the child has two custodial parents. In the United States, many states recognize two forms of...
, 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) will 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
Administration for Children and Families
The Administration for Children and Families is a division of the United States Department of Health and Human Services . It is headed by the Assistant Secretary for Children and Families. It has a $58.8 billion budget for 65 programs that target children, youth and families...
in the Department of Health and Human Services
United States Department of Health and Human Services
The United States Department of Health and Human Services is a Cabinet department of the United States government with the goal of protecting the health of all Americans and providing essential human services. Its motto is "Improving the health, safety, and well-being of America"...
. There is an over-arching 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. 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
Uniform Interstate Family Support Act
The Uniform Interstate Family Support Act is one of the uniform acts drafted by the National Conference of Commissioners on Uniform State Laws in the United States. First developed in 1992 the NCCUSL revised the act in 1996 and again in 2001 with additional amendments in 2008...
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:
- Reciprocal recognition of orders between states
- Enforcement of child support across state lines
- Conflict of laws and orders awarded by different states.
Particular issues of conflict are further discussed in the Child support in the United States
Child support in the United States
The law governing child support in the United States varies state-by-state and Native American tribe-by-tribe; each individual state and federally recognized tribe is responsible for developing its own guidelines for determining child support....
article regarding conflict of laws for the states of California, Connecticut, the District of Columbia and Maryland.
Major federal child support enforcement laws:
- 1975: Social Security Act, Title IV, Section D
- 1984: Child Support Amendments
- 1988: Family Support Act
- 1992: Child Support Recovery Act
- 1993: Omnibus Budget Reconciliation Act
- 1994: Full Faith and Credit Act
- 1996: Personal Responsibility and Work Opportunities Reconciliation Act
- 1998: Dead Beat Parents Punishment Act
- 2000: Non-custodial Parent Federal Employee Health Insurance Requirement for Children