US Rights Guide
Child Support in the US: Your Rights and How to Apply
Every state has a Child Support Enforcement (CSE) agency that calculates and collects child support for free. You do not need a lawyer to apply.
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Direct Answer
Every US state has a Child Support Enforcement (CSE) agency (Title IV-D program) that provides free services to establish, collect, and enforce child support. You do not need to go to court or hire a lawyer to open a case. The CSE can locate the non-custodial parent, establish paternity, obtain a support order, and enforce collection through wage garnishment, tax refund interception, and passport denial.
What the Law Says
Your Legal Foundation
Title IV-D of the Social Security Act
42 U.S.C. § 651
“Each state must operate a Child Support Enforcement program to establish paternity, establish support orders, and collect and distribute child support payments.”
Consumer Credit Protection Act
15 U.S.C. § 1673
“An employer must withhold child support from an employee's wages pursuant to an income withholding order and is prohibited from terminating employment because of such withholding.”
Bradley Amendment (1986)
42 U.S.C. § 666(a)(9)
“Child support arrears may not be retroactively reduced or forgiven by a court. Past-due support creates a judgment that accrues interest and cannot be discharged in bankruptcy.”
Common Questions
Frequently Asked Questions
How is the child support amount calculated in the US?
Each state uses its own formula, but most use either the Income Shares Model (combines both parents' incomes and divides based on custody) or the Percentage of Income Model (pays a set percentage of the non-custodial parent's income). Courts can deviate from the guideline amount in special circumstances.
The other parent is hiding income or is self-employed — what can I do?
Tell the CSE and the court. Judges have tools to impute income based on earning capacity, lifestyle, and prior tax returns. The CSE can subpoena financial records. Under-the-table income can also be reported to the IRS.
Can child support arrears (back support) be forgiven?
Under the Bradley Amendment, past-due child support cannot be retroactively reduced or discharged in bankruptcy once it accrues. However, the custodial parent (not the state) can choose to waive arrears owed to them personally.
The other parent lives in a different state — can I still collect?
Yes. The Uniform Interstate Family Support Act (UIFSA), adopted by all states, allows support orders to be registered and enforced across state lines. The CSE handles interstate cases through their national network.
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