Child support after a separation: how the amount is set, and how to open a case

Child support is money one parent pays toward raising a child who does not live with them. The first thing to know, and the thing that sends people down the wrong search for an afternoon, is this: the United States has no single national child support formula. Federal law sets the frame and supplies the collection tools. The actual number comes out of the guidelines of the state you live in. This guide covers who can open a case, where, what the amount is based on, what it costs, and what the agency can do when payments stop.

Who does what, and who can apply#

USAGov states that federal and state governments do not pay child support; they provide the help you need to collect it from a parent. OCSE describes its own role as helping state and tribal agencies run their programs, and says plainly: "We do not manage individual cases or have direct access to case information." Opening a case, setting the amount, collecting and enforcing are all done by a state or tribal child support office, which you can find through the OCSE office locator.

Who can apply is broader than most people assume. The OCSE guidance says anyone with custody of a child can sign up for services, including a mother, father, grandparent or legal guardian. A noncustodial parent can also apply, often to establish legal parentage and to have an official record of the payments they have made. You do not need to be divorced, and you do not need an existing court order: if there is no order, the agency handles establishing one.

How the amount is decided#

By your state's child support guidelines. OCSE says all states have guidelines, meaning a calculation of how much a parent should contribute, and that "states must use the guidelines unless it's determined that doing so is not in the best interest of the child." The guidelines weigh the needs of the child, other dependents, and each parent's ability to pay.

Two families of formula#

OCSE describes two broad models. Under an income share model, both parents' incomes go into the calculation. Under a percentage model, only the noncustodial parent's income is used, on the assumption that the custodial parent is already contributing through care, food, clothing and shelter.

Most states also factor in how much time the child spends in each parent's home, alongside income, other parenting responsibilities and the child's needs. Where one or both parents have high incomes, a court may find that applying the guidelines strictly is not in the child's best interest and order a higher amount than the formula produces.

California shows what looking this up actually involves. California Child Support Services publishes an online calculator built on the same guidelines its courts use, but the page itself says the tool "provides only an estimate and is not a guarantee of the amount of support that will be ordered," and that the county child support commissioner or family law judge has the final authority. Other states have their own tools, or none.

The single most useful thing you can do#

Answer every notice. OCSE says that if you receive a notice naming you as a child's parent, with information about attending a hearing, contacting the agency or taking any action, "it is very important to follow the directions on the notice." Ignoring it does not stop the case: if an alleged father fails to respond to a properly served notice, OCSE says a court may enter a default judgment establishing paternity, and may also issue a child support order. If you received notice of a paternity hearing and did not go, OCSE says to contact the child support office immediately.

This applies to both parents: answer the agency, go to any hearing you are called to, and bring your documents. OCSE says that before the order is final, the caseworker will make every possible effort to verify the other parent's employment, income and assets. If you cannot read an English notice, call the number on it right away and ask for a Vietnamese interpreter; the guide to your right to a free interpreter covers how to ask.

What it costs and what to bring#

OCSE says the agency "can charge an application fee of up to $25," and that some states absorb all or part of the fee or collect it from the other parent. There is also a $35 annual collection fee, charged only after the state has collected and disbursed $550 in a year. Depending on the state, other costs can include agency attorney work, establishing parentage, and locating the other parent.

The documents OCSE lists: birth certificates for the children; your support order, divorce decree or separation agreement if you have one; records of any payments already made; information about your income and assets; and your child's expenses, such as health care, day care or special needs. Your income side comes off your pay stubs and W-2, or off 1099s if you work as a contractor.

About the other parent, more detail means a faster case: name and address, Social Security number, the name and address of a current or recent employer, and whatever you know about income and assets.

How the money actually moves#

The default is not the other parent mailing you a check. It is income withholding, taken straight out of their pay.

OCSE describes the chain: the child support agency sends the paying parent's employer a withholding notice. An employer must honor a withholding order sent on the standard federal form (the OMB form). The employer withholds the support every pay period and, in most cases, sends it to the State Disbursement Unit (SDU). Support orders must include income withholding unless both parents and the courts agree on another payment method.

A few points that come up constantly:

• The employer has to comply, across state lines. An employer who fails to withhold in accordance with the notice becomes responsible for the amount that should have been withheld. Employers in one state must honor withholding orders issued in another state or by a tribe.
• There is a ceiling. An OCSE guidance memorandum explains the federal Consumer Credit Protection Act limits, applied to earnings left after legally required deductions: 50% if the paying parent supports another spouse or child, 60% if not, rising to 55% and 65% when the parent is more than 12 weeks behind. The same memorandum notes that states are free to protect wages more than federal law does, and many do, so the real ceiling where you live may be lower. Ask your state office.
• Health coverage rides along. The state agency must ask the court to include medical support in the order when group health coverage is available to the paying parent at reasonable cost. If the custodial parent has better coverage, the order can use that instead and raise the payment to offset the cost. Other routes to coverage are in the guide on health insurance.

When the other parent stops paying#

Start by calling your own child support office. OCSE's page on enforcement opens there: your local office is the one that helps when support is not paid consistently or is past due. Ask which methods it can use on your case. The tools the OCSE pages describe:

• Federal tax refund offset. A case goes into the program when the custodial parent receives TANF and at least $150 is owed, or when the custodial parent does not receive TANF and at least $500 is owed. Intercepted money typically reaches the state within two to three weeks; when the refund comes from a joint tax return, the state may hold it for up to six months before paying it out, and on rare occasions longer. First, the parent who owes receives a Pre-Offset Notice that shows the past-due amount and explains how to challenge the debt and ask for an administrative review.
• Passport denial. When a state certifies past-due support over $2,500, OCSE sends the parent's name to the State Department, which denies a passport when the parent applies. OCSE notes the parent is not removed automatically just because the debt falls back under $2,500. The State Department's Passport Agency holds the application for 90 days: if OCSE releases the case within that time, call the National Passport Information Center with the release date, and the passport is mailed within 2 to 5 working days with expedited service or up to 10 with regular service; after 90 days, you must submit a new application. If you do not know which state reported you, or you never owed support, OCSE lists a passport-denial contact at each state child support agency.
• Property attachment, liens and credit reporting. State agencies are required by law to periodically report past-due support to credit reporting agencies.
• License suspension. States and tribes may suspend or revoke driver's, professional, occupational and recreational licenses where support is past due.
• Federal prosecution, rarely. The Child Support Recovery Act of 1992 made it a federal crime to willfully fail to support a child living in another state where arrears exceed $5,000 or go unpaid for longer than a year. OCSE is candid that US Attorneys are very selective and look for deliberate evasion, such as moving from state to state or using a false name or Social Security number.

If the other parent lives in another state, UIFSA requires courts to honor each other's orders. If they live in another country, still start with your own state office: the US has reciprocal arrangements with many countries under the Hague Child Support Convention.

What if the other parent works for cash#

The short answer: a support obligation does not disappear because someone is paid in cash. The order stays in force, arrears keep accruing month by month, and that debt generally cannot be wiped out in bankruptcy.

OCSE has a section specifically on undisclosed cash income. When withholding is not possible, the agency still has automatic billing, telephone reminders and past-due notices, and beyond those, property attachment, credit bureau reporting, tax refund offset, liens, and license suspension. For a self-employed parent, the guidance notes that state agencies have access to financial institution and credit bureau data to determine income and assets.

One detail worth remembering: every state must run a State Directory of New Hires, and employers must report new employees within 20 days. The moment the other parent takes a reported job, the system sees it fairly quickly. Tell your caseworker as soon as you learn they have moved or changed jobs.

OCSE also gives one counterintuitive piece of advice: if the other parent is currently unemployed, establish the order now anyway, even if the amount is small, because "establishing legal parentage/paternity now, while the parent is unemployed, will make collecting child support a lot easier when they become employed later."

Getting an order reviewed and changed#

An order is not permanent. OCSE says either parent can ask for a review at least every three years, or whenever there is a significant change of circumstances.

The examples the page gives: a change in the paying parent's income, including incarceration, a promotion, or a drop due to health; that parent's assets; the custodial parent's financial situation, which many states consider; special needs of the child; and the child leaving school or becoming employed.

If your case does not meet your state's review standard, you can still petition the court for a hearing. For parents who cannot afford a private attorney, OCSE points to the local legal aid society and to pro se self-representation, which several states publish instructions for. Ask your child support office or the court clerk.

Four things people get wrong#

• Cash handed over directly, or gifts, do not count. OCSE says gifts or payments made outside the order are generally not credited against ordered support. Pay the way the order says, and keep the records.
• A second family does not erase the first obligation. If income cannot cover both orders, the first order's amount may be reduced, but the first family must be notified beforehand and given a chance to contest it.
• Child support is not taxable. The IRS says it is not taxable to the recipient and not deductible by the payer.
• A private handshake leaves nothing to enforce. OCSE says parents who work out a fair agreement can avoid a hearing, but the court still checks that the agreement follows state guidelines and protects the child. An informal arrangement never filed with a court cannot be enforced later.

What to do next#

1. Open the OCSE office locator and find your state's child support office. It is the only place that can give you a real number.
2. Gather documents before you call: the children's birth certificates, any existing order or decree, records of payments made, your income information, your child's expenses, and whatever you know about the other parent.
3. If safety is a concern, raise it with the caseworker before the case is opened, and ask about the family violence indicator.
4. Ask three direct questions: what this state's fees are, whether its guidelines use an income share or percentage model, and what the withholding ceiling is here.
5. If you already have an order and circumstances have changed, request a review rather than changing the amount on your own.