Child Support Basics for Separating Parents
Last Updated: April 16, 2025
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Key Takeaways:
- Parents have a legal obligation to provide for their children regardless of their marital status.
- Child support calculations vary by state and circumstances.
- Failing to fulfill child support obligations can lead to penalties and consequences.
Table of Contents
- What is child support?
- When do child support payments start?
- How to calculate child support
- When does child support end?
- Child support laws by state
- Who can apply for child support?
- How to file for child support
- Is child support taxable or tax-deductible?
- How do I enforce child support payments?
- What happens if child support isn’t paid?
- How do I get child support arrears dismissed?
In America, nearly half of marriages end in divorce. When there are children involved, divorce can become more challenging. Despite the marriage dissolving, each parent is legally responsible for fulfilling their child’s emotional, physical, and financial needs. This often includes providing the custodial parent with child support payments.
Child support payments are a crucial part of a Separation Agreement. The Office of Child Support Services partners with tribal, federal, state, and local governments to help them manage and enforce child support programs.
What is child support?
Child support is typically a court-ordered payment that the parent without custody (non-custodial) gives to the parent with custody (custodial). These payments are enforced to financially assist in raising the child. There are two people included in a child support agreement:
- The obligor or payor is the party who pays the support
- The obligee or recipient is the party who receives the support
Child support is implemented to cover the necessary living costs of a child, such as:
- Basic needs, including clothing, shelter, and transportation
- Health care, such as medical costs, dental appointments, and health insurance
- Child care, including daycare
- Tuition fees for education, extracurricular activities, and tutoring
Payments are usually recurring and ongoing until the child reaches the age of maturity, which is generally between 18 and 21. Each state has different laws and regulations that govern how long child support is paid and how it’s calculated.
When do child support payments start?
Child support applies even when a couple isn’t officially divorced. The obligation to pay child support typically starts when the couple becomes legally separated. It may begin when the couple agrees to an arrangement or once a court order is in effect.
In the United States, child support is court-ordered. If both parents can agree to a payment schedule, child support amount, and payment length, the judge may use the same terms in the court order if the terms are in the best interest of the child and comply with state child support laws. However, a judge will ultimately determine the start date and payment amount when the couple files for legal separation (if permitted in their state). A child support order may also outline the terms and conditions of the payments.
If child support isn’t paid between the time of information separation and when an order is issued, a court might demand retroactive payments. Identifying and recording the date of separation is necessary for all court proceedings regarding separation, divorce, custody, and child support.
How to calculate child support
Each state has its own child support guidelines, but there are similarities in how child support is calculated. All states use the best interests of the child(ren) as a guiding principle. When calculating child support, the court will consider several factors, including:
- The payor’s gross income
- The recipient’s gross income
- The number of children
- The custody arrangement
- Healthcare expenses
Income accounts for more than just salary. Factors such as bonuses, investment income, self-employment income, and alimony payments are added to each party’s gross income. Depending on the state, the court will use one of three methods to calculate support:
- Income shares: The court will consider each parent’s income and proportionately separate it. This model is founded on the belief that the children should receive the same parental income they would have if the parents remained married.
- Percentage of income: Child support is calculated as a percentage (fixed or varying) of the non-custodial parent’s net income. The percentage usually increases with the number of children the couple has.
- Melson formula: This formula considers parental living expenses, so both parents and children have additional support. It is the most complicated calculation; only three states use it to determine payments.
When does child support end?
Most states terminate child support when the child reaches the age of maturity (either 18, 19, or 21) or when the child graduates from high school or postsecondary.
Child support payments may be ordered to continue if the child remains dependent on their custodial parent into adulthood, potentially due to injury or illness. Child support payments can cease early if both parties agree to stop it.
Child support laws by state
Each state regulates child support payments by implementing a calculation model and determining the termination of support. Information about the laws of each state is as follows:
| State | Model | Termination of support |
| Alabama | Income shares | Age 19 |
| Alaska | Flat percentage of the non-custodial parent’s income | Age 18, or if the child is still in high school or vocational school and living with the custodial parent, until graduation or the child turns 19, whichever occurs first |
| Arizona | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Arkansas | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| California | Income shares | Age 18, or if the child is still in high school and not self-supporting, until graduation or the child turns 19, whichever occurs first |
| Colorado | Income shares | Age 19, or if the child is still in high school, until graduation or the child turns 21, whichever occurs first |
| Connecticut | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Delaware | Melson formula | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| District of Columbia | Varying percentage of non-custodial parent’s income, adjusted to custodial parent’s income | Age 21 |
| Florida | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Georgia | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 20, whichever occurs first |
| Hawaii | Melson formula | Age 18, or if the child is still in high school or postsecondary, until the child graduates or turns 23, whichever occurs first |
| Idaho | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Illinois | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Indiana | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Iowa | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Kansas | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Kentucky | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Louisiana | Income shares | Age 18, or if the child is still in high school, vocational school, or trade school, until graduation or the child turns 19, whichever occurs first |
| Maine | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Maryland | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Massachusetts | Income shares | Age 18, age 21 if the child remains dependent on the custodial parent, or age 23 if the child is still in an educational program and lives with the custodial parent |
| Michigan | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19.5, whichever occurs first |
| Minnesota | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 20, whichever occurs first |
| Mississippi | Flat percentage of the non-custodial parent’s income | Age 21 |
| Missouri | Income shares | Age 18, or if the child is still in high school, vocational school, or other higher education, until graduation or the child turns 21, whichever occurs first |
| Montana | Melson formula | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Nebraska | Income shares | Age 19 |
| Nevada | Flat percentage of the non-custodial parent’s income | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| New Hampshire | Income shares | Age 18 or when the child graduates from high school |
| New Jersey | Income shares | Age 19, or if the child is still in high school or postsecondary, until graduation or the child turns 23, whichever occurs first |
| New Mexico | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| New York | Income shares | Age 21 |
| North Carolina | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 20, whichever occurs first |
| North Dakota | Varying percentage of the non-custodial parent’s income | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Ohio | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Oklahoma | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 20, whichever occurs first |
| Oregon | Income shares | Age 18, or if the child is still in high school or postsecondary, until graduation or the child turns 21, whichever occurs first |
| Pennsylvania | Income shares | Age 18, or high school graduation |
| Rhode Island | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| South Carolina | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| South Dakota | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Tennessee | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Texas | Varying percentage of non-custodial parent’s income | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Utah | Income shares | Age 18 or high school graduation |
| Vermont | Income shares | Age 18 or high school graduation |
| Virginia | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| Washington | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 19, whichever occurs first |
| West Virginia | Income shares | Age 18, or if the child is still in high school or vocational school and living with the custodial parent, until graduation or the child turns 20, whichever occurs first |
| Wisconsin | Flat percentage of the non-custodial parent’s income | Age 18, or if the child is still in high school or taking a GED course, until graduation or the child turns 20, whichever occurs first |
| Wyoming | Income shares | Age 18, or if the child is still in high school, until graduation or the child turns 20, whichever occurs first |
Who can apply for child support?
Either parent (the custodial or non-custodial) or public assistance recipients can apply for child support. In most cases, child support is granted to the custodial parent or the person with primary physical custody.
For example, if a child lives with Parent A full-time and visits Parent B every second weekend, Parent A has primary custody and incurs most of the daily living expenses. In this case, Parent B would be responsible for paying child support.
How to file for child support
A custodial parent can file for child support through their state or tribal child support agencyin person, online, or by mail. The following information will be needed to complete the process:
- Birth certificates of the child
- A child support order, Divorce Decree, or Separation Agreement
- Records of any previous payments
- Information about income and assets
- Receipts for child-related expenses
An application fee may cost up to $25, depending on the filing state.
| Do you agree to the terms of a separation? Speed up the process with a Separation Agreement. A Separation Agreement specifies the terms and conditions that both parties agree to, including child custody, separation of assets, child support, and alimony payments. |
Is child support taxable or tax-deductible?
Child support is not taxable, and the receiver should not include these payments as taxable income when filing their taxes. Furthermore, the payor cannot deduct these expenses from their tax return.
How do I enforce child support payments?
Child support arrears, or unpaid child support payments to the custodial parent, may incur interest over time. Each state governs the interest rates on delinquent child support. If the payor has missed payments, the custodial parent should contact a local enforcement agency, such as social services, to determine next steps.
Enforcement programs operate at the state level, but federal legislation imposes conditions and provides funding for efficient operations.
What happens if child support isn’t paid?
Child support programs work to ensure child support payments are paid consistently and on time. According to Section 228 of Title 18 in the United States Code, it is illegal to willfully skip child support payments. The government can impose several repercussions for delinquent payments, including jail time.
If an individual willingly fails to pay child support for longer than one year or the amount exceeds $5000, it’s a criminal misdemeanor and can result in up to six months in prison. Furthermore, if the non-custodial parent willingly fails to pay child support for longer than two years or the amount exceeds $10,000, it’s a criminal felony and can result in up to two years in prison.
Additional consequences of failing to pay child support include:
- Financial penalties, such as wage garnishment, withholding tax refunds and federal benefit payments
- Mobility penalties, including passport denial and license suspension
- Public record penalties, such as putting a lien on a property and reporting the delinquency to credit bureaus
How do I get child support arrears dismissed?
Getting child support arrears dismissed is challenging, but it is possible. A non-custodial parent may request dismissal or modification if they believe the arrangement is unfair or if one of the parents has had a significant change in income. If either party disagrees with the amount owing, they can file a court motion to dismiss or modify support arrears.
The most effective way to get arrears modified or dismissed is to negotiate with the custodial parent. If both parents agree to a dismissal, the judge is more likely to honor it. Many states have implemented forgiveness or reduction programs for child support arrears. You may request a settlement with a lump-sum payment or file a motion for retroactive modification.
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