Child Support Law

By John Devendorf, Esq. | Reviewed by Tim Kelly, J.D.

Last updated November 25, 2025

Child support is a payment made by a non-custodial parent to help the custodial parent with the costs of raising a child. A family law court determines the support amount, often after a divorce or legal separation. The amount of child support depends on the parent’s income, number of children, and other factors.

Child support laws vary from state to state. This includes the child support guidelines, child support enforcement, and how to modify payments. Talk to a child support lawyer for legal advice about child support rights and responsibilities.

What Is Child Support Used For?

Child support covers a child’s daily living expenses. These include basic necessities and extraordinary expenses. Child support is used to pay for:

Food
Clothing
Shelter
Education expenses
Health care
Daycare

The custodial parent has discretion for spending child support money. They can use child support money for household expenses. Child support money can also go towards childcare expenses that allow the custodial parent to go to work.

How Is Child Support Calculated?

Family law courts make child support decisions based on what is in the best interests of the child. Most states have established child support guidelines for calculating the amount of support awarded.

The child support amount takes into consideration each parent’s income and the child’s standard of living. Other state laws base it on the non-custodial parent’s income. However, the child support obligation is not limited to parents’ wages. To set the amount of child support, a family court will also consider other financial assets, including:

Social Security income
Workers’ compensation benefits
Unemployment benefits
Military veterans’ benefits
Retirement plan income
Income from self-employment

Your state may have an online child support calculator to estimate your child support payments. Child support will also depend on the specific minor child’s individual needs. This includes their childcare expenses, extraordinary educational expenses, medical expenses, and health insurance.

How Do I Modify a Child Support Order?

Either parent can modify a child support order after a significant change in circumstances. Most modification requests come after a change in financial circumstances, such as a job loss or a medical emergency. Other reasons to get a child support modification include a change in child custody, moving away, or change in the needs of the child.

To get a modification, you must request it from the same court that granted the original court order. Your support obligations won’t change until the order is modified. That means if you lose your job, you are still responsible for the full payments until the court modifies the order.

How Is Child Support Enforced?

Once a court issues an order for child support, it can be legally enforced. One way is to get assistance from the local child support enforcement agency. Child support services also have parent locator services to find a parent trying to avoid court-ordered child support payments.

A child support agency can help to enforce the order through wage garnishment. This means the amount of support comes directly out of the non-custodial parent’s paychecks. Employers must honor income withholding orders, even if they come from another state.

The state child support office can use other collection methods to get unpaid child support. Enforcement options include:

Intercepting income tax refunds
Levy on bank accounts
Lien on property
Suspended driver’s license

In some child support cases, a custodial parent can ask the court to issue a civil contempt citation against the non-custodial parent. This can lead to home detention, probation, or even jail time.

Child support orders are enforceable even if the non-custodial parent relocates to another state. Every state has adopted some version of the Uniform Interstate Family Support Act (UIFSA). This makes cooperation among child support enforcement agencies possible. States will generally enforce child support orders from another state.

When Do You Stop Paying Child Support?

Child support obligations generally continue until the child reaches the age of majority. In most states, this happens when the child turns 18. However, the court may order child support payments until another date beyond a child’s 18th birthday. In many cases, a parent may have to continue financial support if the child is in high school or enrolled in college.

Child support obligations can also end when the child gets married, joins the military, or becomes emancipated. Some states require child support payments past the age of majority if a child is mentally or physically disabled. In all cases, you do not stop because you think it is the right time. You can only stop payments with the court’s approval.

What Are Child Support Rights and Responsibilities?

Legal parents have a financial obligation to provide for their child’s needs. Child support arrears don’t go away just because a parent doesn’t pay. Back child support includes interest and penalties until the parent pays. Even bankruptcy doesn’t discharge child support debt. The custodial parent can take enforcement action to get child support money even if the other parent doesn’t pay.

If you have other questions about child support, enforcing support payments, or making changes to a family court order, talk to an attorney. A child support lawyer can give you advice about how to modify or enforce a child support order.

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