Also known as: child maintenance
Written by attorneys · grounded in primary & secondary sources — see below
A parent's legal obligation to contribute to the economic maintenance and education of a child until the age of majority, the child's emancipation, or completion of secondary education. The obligation is enforceable both civilly and criminally. Courts determine the amount by considering the financial resources of the child and both parents along with other relevant factors without regard to marital misconduct.
Cameron Cruz owes substantial unpaid child support from a prior relationship. State law requires him to obtain court permission before marrying Catherine Carter. Cameron sues, arguing the requirement burdens his fundamental right to marry. The court applies heightened scrutiny and invalidates the statute because it is not closely tailored to the state's interests in collecting support.
Cynthia Cortez files for legal separation from Corinne Cho and seeks child support for their two children. The court reviews affidavits showing Cynthia's limited income and the children's expenses. It orders Corinne to pay a monthly amount calculated from both parents' resources without considering any misconduct during the marriage.
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Caitlin Crowley petitions the court for child support during a pending divorce from Carmen Choi. She demonstrates need arising from the separation and Carmen's ability to pay from business income. The court grants temporary support based on the circumstances of the parties even though no other relief is requested at that time.
Catherine Carter faces civil contempt for failing to pay child support and risks incarceration. The opposing parent appears without counsel and the state provides notice of ability-to-pay issues plus an opportunity to present evidence. The court proceeds without appointing counsel after making an express finding on ability to pay.
Cameron Cruz is prosecuted under the Child Support Recovery Act for willful failure to pay support for a child living in another state. The government brings the case in the district where the support order originated and payments were due. The court upholds venue because the offense began and continued in that district.
Cynthia Cortez registers a New York child support order in North Carolina against Corinne Cho. The child reaches age eighteen under North Carolina law but remains a minor under New York law. The court applies New York emancipation rules and continues the obligation until age twenty-one.
Courts consider the financial resources of the child and both parents, the needs of the child, and other relevant factors. The amount must be reasonable or necessary for the child's support.
No. Courts award child support without regard to marital misconduct.
No. Such a requirement significantly interferes with the fundamental right to marry and must be closely tailored to important state interests to survive constitutional scrutiny.
The Due Process Clause does not automatically require appointment of counsel for an indigent obligor when the opposing parent is unrepresented and the state provides alternative safeguards such as notice and an express finding on ability to pay.
Venue lies in any district where the offense was begun, continued, or completed.
The law of the issuing jurisdiction controls the nature and duration of the obligation, including the age of emancipation.
…published by the State describing the fetus and providing information about medical assistance for childbirth, information about child support from the father, and a list of agencies which provide adoption and other services as alternatives to abortion. An abortion may not be performed unless the woman certifies in writing that…