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What you need to know about child support and the law

Published/Last Modified on Sunday, Jul 29, 2007 - 05:09:43 am MST

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Commentary by Judge Jim Conlogue
Special to the Herald/Review

Every parent has the duty to support their children. To most, this truism does not appear controversial. But for many separated parents, these words are synonymous with controversy and conflict. These parents often end up in court.

According to the U.S. Census Bureau, in the spring of 2004 an estimated 14 million single parents in this country had custody of 21.6 million children. At the time of the Census Bureau report, more than $37 billion of child support was due nationwide. Less than half of those with awards received the full amount of support ordered by the court. Many of these parents look to public assistance in order to make ends meet.

In my years as a judge, I’ve spent hours resolving heated disputes over the specifics of how our children should be supported. Many parents are shocked when they hear what I have to say. The purpose of this article is to share information on the topic of child support so that, perhaps, a few less jaws will drop at the moment of truth.

A parent owes support for all their natural or adopted children under the age of 18. While the child is in high school, the duty of support continues up to the age of 19. For a disabled child, support may continue beyond the age of majority under certain circumstances.

The duty of support may apply to grandparents. If a person under 18 has a child, the parent(s) having “custody or control” of the underage mother/father may be held jointly liable for support of the grandchild. Under some circumstances, the parent/grandparent(s) may be responsible to support their child and their child’s children.

For children born outside of marriage, the child support obligation begins the month after the child’s birth. When married parents separate, the child support obligation becomes enforceable by the court on the date a petition for dissolution of marriage or legal separation is filed. In any case, the child support obligation “adds-up” each month after its inception and the non-custodial parent is liable for the cumulative amount left unpaid. It is not uncommon that a non-custodial parent is already thousands of dollars in the hole on their first visit to court. From then on, the unpaid amount accrues interest at the rate of 10 percent each year until paid in full.

The amount of the child support obligation is set by the court using a set of statewide guidelines. Based upon the parents’ proportionate incomes, the guidelines allow the calculation of the approximate amount that the parent would have spent on the child if the parent was living with the child. The Census Bureau’s report, referenced in paragraph two, indicates that the average child support amount nationwide in 2004 was $425 per month.

Child support is intended to meet the current needs of the child such as food, housing, clothing, education, recreation, etc. The support goes to the custodial parent who in turn is responsible for meeting the child’s needs. The non-custodial parent cannot satisfy the child support obligation by putting money into a college savings account, buying incidentals or giving money directly to the child.

Contrary to many parents’ views, the payment of child support does not “buy” anything. In particular, the payment of child support does not “buy” parenting time with the child. Conversely, a failure to pay child support does not automatically preclude a parent from spending time with the child. Custody and parenting time are separate from the issue of child support. Issues of custody and parenting time are decided based on the child’s best interest. A parent’s financial acumen, in itself, is generally not indicative of parenting ability.

The law treats child support very seriously and considers it to be the highest financial priority. A parent of a minor child who knowingly fails to furnish reasonable support for their child(ren) is guilty of a Class 6 felony. The potential penalties for that offense include imprisonment, a substantial fine and loss of civil rights.

There are also substantial civil penalties if a parent fails to pay court-ordered child support. If the person willfully fails to pay support for at least two months, the Court may suspend any and all licenses held by that person. This includes the suspension of the person’s driver, professional, business and recreational licenses (such as hunting and fishing licenses). If a person fails to pay a court-ordered judgment, or is at least 12 months behind in payments, certain of the person’s property may be seized and sold to pay the child support. A failure to appear in court may result in the person being arrested and held in jail until a certain amount of child support is paid.

A non-custodial parent cannot avoid their child support obligation by voluntarily failing to work to full potential or voluntarily incurring other financial obligations. Under these circumstances, the court will impute full employment and set child support without regard to other obligations.

It is not my intent to sound overly harsh in this discussion. My point is that every child truly deserves both parents’ financial, emotional, moral and spiritual support. No parent should need a judge to explain this to them.

For an online child support calculator go to www.supreme.state.az.us/childsup. For information, including pictures of absent parents, go to www.azdes.gov/dcse.

JIM CONLOGUE is the presiding associate Cochise County Superior Court judge and judge for the court’s Division V. Look for Inside the Courts the last Sunday of each month.

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the other side wrote on Aug 24, 2007 1:17 PM:

" I'll take this commentary seriously when our judges start enforcing "the other side", and that is, the *rights* of both parents, to equally parent their children, as opposed to making one the bill payer, and the other, the controller. Joint physical custody should be the DEFAULT, and anything less should go to the parent who *can't* agree to that default. For the sake of the children.....who need BOTH parents, equally. "

Me wrote on Aug 16, 2007 1:19 PM:

" To get a grip, you must be one of those parents that don't support their children. "

get a grip, people wrote on Aug 15, 2007 7:25 AM:

" It's amazing how all these single parents sit around whining for 18 or more years about their lot in life instead of doing something. It's a lie to say you never had the opportunity to go to college because you lack child support. There are scholarships and grants available for everyone. Or hey, how about getting a job and paying for it like many of us do? You all sound like the Katrina 'victims' who have been sitting around for two years ... they could have a *free* college degree by now, yet by choice they still have nothing! "

C.Allen wrote on Aug 14, 2007 9:51 AM:

" what about these girls getting des as "single struggling parents" and the daddys living right there with them ,eating good on foodstamps, living good on section 8, while they are at their des appts the deadbeat is either at home "chillin" or in the waiting room in the des office, then half the foodstamps get traded for cash! what ever happen to the old days when welfare came to your house(unexpectedly) just to make sure? good ole sv you either arrive a criminal or learn to be one iether way you are safe in sierra vista,no matter what your hustle "

Is he for real? wrote on Aug 12, 2007 3:06 PM:

" This same judge entered a default judgement in my case because I was not able to fly sept 14 2001. The same week of the attact, But the killer was after i provided my income imformation he then suggested i should be making more and hit me with a 40% hike in my support amount. not crying but pompus judges like you help to add to the partents not being able to work things out.Hey I did't even get credit for having given a house free and clear to the mother of my kids, and no we were not married. "

panacea wrote on Aug 10, 2007 7:37 AM:

" My child is now 34 years old and I applied with DES for an absent parent and they told me they did not have enough people employed to go look for every absent parent, even though at that time, he lived across the street from the DES.I still want him to pay for my daughter's 18 years of life. He had the opportunity to go to college and now holds a VERY good job, my daughter and I did not have that opportunity. Laws needs to be changed in order to get backpay no matter how old your child is. "

Understand wrote on Aug 7, 2007 3:28 PM:

" He said he never wanted us in the first place and never gave us a cent. He didn't even want visitation. Now that the kids are "of age" he sponges off them for every cent he can get as he tells them how terrible their mother is. Laws are of no value if they are not enforced. We did fine. Love your kids and give them the love and care that they need. Money can't heal the hurt in a child. Your arms can help them through it. "

lorna wrote on Aug 4, 2007 10:48 AM:

" i agree with single mom, I have been through so many problems with lost paper work,mistake made by these reople that are trying to "help"I am the custodial parent of my two teenage childen since 97. My ex lives in this town does not follow the visitation set by the courts . The kids are lucky to hear from him once a month if that,yes he provides child support, however, he is an absentee parent by his own choice. He belives that the support money should go directly into the pockets of the kids.Read this Paul! "

dad doing it alone wrote on Aug 1, 2007 2:07 PM:

" Custodial parent of four trying to get mom to pay her support. I hope Cochise County is as tough as the article states. My childrens mom is 9,000 in arrears and she fled my state to go back to Arizona. I had to get the Prosecutors to send the enforcement order to Cochise county to have her appear there to explain herself. I'm sure it will be 3-6 months before it gets heard which will make her around 12,000 then. Hopefully Cochise County will settle this and show her she can't neglect her children, financially or emotionally. "

single mom doing it all on my own wrote on Jul 31, 2007 4:46 PM:

" The DES and child support aren't any help at all! They have lost my paper work numerous times and are hard to get a hold of. So glad I don't have to depend on them to feed my children, I provide for them myself. I have even thought about hiring one of those companies who will find your deadbeat parent, but get a fraction of your children's money. Glad someone is taking this issue serious. "

2pg7u wrote on Jul 31, 2007 4:03 PM:

" All this could be avoided if people asked themselves "If the worst happened, can I afford to raise this child on my own?" It's a shame people get away with not supporting their progeny, but on the other hand, I think it's abundantly clear by now that it's extremely likely to happen (75%+ chance, people!). So it might behoove people to take that into consideration. And here's a free tip for young people (or anyone): if he won't marry you, don't have a kid with him! For Pete's sake, it's not rocket science. "

Experienced wrote on Jul 29, 2007 8:49 PM:

" Definately get another legal opinion, be prepared for a DNA test, and hire a private investigator. A good PI can skip trace him easily. There's not much worse than a dead beat parent. My spouse ran off with my child, went out of state without permission repeatedly, mislead my child for years concerning the truth about how things really happened, and made it hell to exercise my right to visitation. I'm a dad who paid support faithfully for sixteen years and then fought DES for months after my child turned 18 to stop reporting me late on my credit report! "

Alone in Elp wrote on Jul 29, 2007 2:44 PM:

" My ex-boyfriend knew that I was pregnant and refused to be part of our lives. I have struggled financially, but have managed to provide for my daughter. She is now 14 and wants to look for her father. I sought legal counsel but was advised that the court would not grant child support or backpay thereof, since I have waited this long. What are my true options? "